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“It worked in Ferguson” — Sen. Blunt, Reps. Clay and Cleaver push for U.S. Attorney Gen. Barr to allow review of local police practices

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Missouri Senator Roy Blunt is urging U.S. Attorney General William Barr to allow the Justice Department to review the practices and training of local police departments in rooting out misconduct and implementing reforms.

This comes at the suggestion and support of Reps. Emanuel Cleaver from the Kansas City area and Lacy Clay of the St. Louis area.

They all agree that the Department of Justice in the past successfully used this process to address misconduct in local departments, including the Ferguson Police Department and the Baltimore Police Department.  Review DOJ Ferguson Report.

United States Attorney General Jeff Sessions abandoned the policy in 2018 and according to Blunt, it was not reinstated by Barr.

“Unfortunately, news reports indicate that the Department of Justice has walked away from pattern-or-practice reviews in recent years.  Additionally, the Department of Justice implemented a policy change in November 2018 that placed tighter restrictions on the use of consent decrees, making it more difficult to pursue reforms where they are needed.,” Blunt says in his letter.

Blunt says this is not necessary in some cases but needs to be an option. He says the current response of the Justice Department and many local jurisdictions is to investigate one officer instead of the underlying practices.

“There are some situations that the best solution is the review of the department, and the patterns and the procedures and the practices of that department,” Blunt told Missourinet.

“I attribute the success in Ferguson and the atmospheric conditions there to the Justice Department’s patterns and practices report and then Ferguson entered into a consent decree with the Justice Department to correct those things,” Cleaver told Missourinet.

U.S. Rep. Emanuel Cleaver, D-Kansas City

“As a result of those corrections, Ferguson is now a whole different town. It used to be one of the ‘sundown towns’ in Missouri, where you have to be out of there by the time the sun goes down. And here it is now with the first female mayor and the first African-American mayor all-in-one.”

Ella Jones was elected mayor of Ferguson Tuesday.

Blunt, Cleaver and Clay have also called on Barr to investigate the practices of the Minneapolis Police Department after four officers have been charged in the murder of George Floyd. The on-video death has prompted protests in every state in the country, as well as international rallies against racism.

Cleaver says this is the time to confront police practices and training.

“We may not get another chance to do this without really having some bad things happen on the streets of this country, that I don’t think anybody of goodwill wants to happen. There are people who would like to see a race war, we’ve heard people express that. And the fact that this could happen here shows us the fragility of where we are in this country as it relates to race,” Cleaver said.

Following is the full text of the Senator Blunt’s letter:

Dear Attorney General Barr,

In the wake of the recent tragic deaths of George Floyd, Breonna Taylor, and Ahmaud Arbery, Americans are rightfully demanding justice and accountability.  To that end, I write to urge you to use your authority as the nation’s top law enforcement officer to root out misconduct in local police departments and to help restore trust between these departments and the communities they serve.

When the Department of Justice has reason to believe that local police departments have engaged in systemic misconduct that violates the Constitution or federal law, it has a proven track record of using pattern-or-practice reviews to investigate.  If misconduct is established, the Department of Justice may act on that information by entering into a consent decree requiring court-enforced reforms.

Unfortunately, news reports indicate that the Department of Justice has walked away from pattern-or-practice reviews in recent years.  Additionally, the Department of Justice implemented a policy change in November 2018 that placed tighter restrictions on the use of consent decrees, making it more difficult to pursue reforms where they are needed.  I ask that you immediately resume the robust use of pattern-or-practice reviews and reinstate a policy that allows greater latitude for officials to enter into consent decrees.

Missouri provides an example of how valuable these tools can be.  Following the unrest that occurred in response to the deaths of Michael Brown in Ferguson and Anthony Lamar Smith in the City of St. Louis, three St. Louis-area police departments underwent comprehensive reviews by the Department of Justice to examine police department practices and law enforcement responses to protests.  The Department of Justice’s actions included a pattern-or-practice review of the Ferguson Police Department, which led to a consent decree to address unlawful police practices.

St. Louis-area law enforcement and community leaders have worked tirelessly to address community fear and anger since the civil unrest in 2014.  There is more work to be done, but there is a foundation for continued progress that is built on a full accounting of past violations and detailed recommendations for reform.

I have seen firsthand how the federal government can play an important role in addressing failures in the local justice system, rebuilding trust in police departments, and restoring confidence in government institutions.  I am not advocating for any action that would allow for federal control of local departments or place undue burdens on them.  We need to be mindful of concerns about federal overreach that would be counterproductive to implementing needed reforms at the local level.  However, these principles can coexist with policies that give the Department of Justice the ability to address injustice in full measure.

I appreciate your attention and consideration.  Your leadership is indispensable as the federal government responds to unlawful actions across the nation and upholds justice and the rule of law.

 

Missouri protests continue over the death of Minnesota’s George Floyd

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Hundreds of protesters have lined streets in Kansas City, Springfield, Columbia, and the St. Louis area this weekend chanting phrases like “Hands up, don’t shoot” and “No justice, no peace”. They have been calling attention to this week’s death of George Floyd, an African-American man in Minneapolis. A white police officer is accused of third-degree murder after pinning Floyd to the ground by pressing his knee into Floyd’s neck for about eight minutes.

Photo courtesy of KMBC-TV

The casualty is stirring up the pain felt when 18-year-old Michael Brown, Jr. was shot to death in 2014 by a Ferguson police officer. Brown, an unarmed African-American man, was killed by Darren Wilson, who is white.

Brown’s death led to protests for days on the streets of Ferguson, looting, and vandalism – some of the same acts happening in Minneapolis, Atlanta, and elsewhere during protests. His death also sparked a movement driven to stop unarmed African-Americans from getting killed by law enforcement.

Kansas City Mayor Quinton Lucas tells KMBC-TV he wants this weekend’s protesters to work for change in the community between African-Americans and police.

“What we are not out here to do is act a fool, is to have generalized hooliganism, is to do something that will, I think, tarnish not just the life of George Floyd but also to tarnish, I think, what is a wonderful peaceful rally,” he says.

Lucas, who is African-American, spoke with passion about bringing people together – not driving them apart.

“We’re not here to just try to start something that is tangential to what the goal of us is – is to make sure that people can live equally, to make sure that people can walk around feeling safe, to make sure that every black mother in this city has the chance to say ‘I know my son’s going to come back and he’s not going to get shot by somebody on the street, he’s not going to get shot by the police, he’s not going to get messed by somebody in those different areas.’ That’s all I’m asking,” says Lucas. “And that’s all we want today.”

Taylar Johnson Coody spoke with heavy emotion.

“I’m tired of having to wake up and go to social media to see every, I’m sorry, of having to see another black person on the floor. I’m tired of people dying and I’m tired of having to come out here and protest for the people I love and care about,” she tells KMBC.

In Kansas City, some protesters have been arrested and police have used pepper spray on some individuals. On Twitter, the Kansas City Police Department confirmed officers are using tear gas to keep people off of streets.

In the St. Louis region today, protesters lined the streets in Clayton, University City, and in Ferguson. Some demonstrators blocked traffic on Interstate 70.

State Representative Rasheen Aldridge, D-St. Louis, spoke during today’s rally.

“This is our moment. Let’s make it right. This is our moment to show the world that we ain’t f***ing around no more,” he says. “Just because we’re mad don’t make us violent. Just because we’re pissed don’t make us terrorists.”

Before an Urban League donation drive today, Missouri Congressman Lacy Clay, D-St. Louis, said there should be justice for George Floyd.

“If George Floyd would have been white, would he have died on the street like an animal begging for mercy while he struggled to breathe,” asks Clay. “The three officers who stood by and did absolutely nothing to save his life must be charged as accessories to murder.”

After Brown’s death, Clay helped to create a consent decree between the City of Ferguson and the U.S. Department of Justice to help change policing practices.

Here are scenes from earlier today in southwest Missouri’s Springfield:

In response to the protests, Gov. Mike Parson has declared a state of emergency. He has signed an executive order giving the Missouri Adjutant General or his designee the power to activate National Guard soldiers if necessary. In a press release, Parson says the Missouri National Guard and the Missouri Highway Patrol stand ready to support local authorities.

“We are deeply saddened by the tragic death of George Floyd. We are also saddened by the acts of violence that have transpired across our nation and state in response to this event. At this time, we are taking a proactive approach to protect Missouri and its people,” the governor says. “Citizens have the right to peacefully assemble and protest, and the State of Missouri is committed to protecting the lawful exercise of these rights.”

Parson says despite the many peaceful assemblies, other events have created conditions of distress and hazards to the safety, welfare, and property of residents and visitors that are beyond the capacities of local authorities.

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