Washington, D.C. ~ Thursday, September 4, 2014
Remarks as Prepared for Delivery
Good afternoon. I am joined today by (Acting) Assistant Attorney
General for the Civil Rights Division Molly Moran and Director Ron
Davis, of the Community Oriented Policing Services – or COPS – Office.
We are here to announce the latest steps in the Justice Department’s
ongoing effort to address the situation in Ferguson, Missouri, and the
surrounding communities.
As you know, our federal civil rights investigation into the August 9
shooting death of Michael Brown remains open and very active. As I made
clear during my visit to Ferguson two weeks ago, this investigation
will take time. But the American people can have confidence that it
will be fair, it will be thorough, and it will be independent.
Over the course of that visit, I had the chance to speak with a number
of local residents. I heard from them directly about the deep mistrust
that has taken hold between law enforcement officials and members of the
community. In meetings and listening sessions – as well as informal
conversations – people consistently expressed concerns stemming from
specific alleged incidents, from general policing practices, and from
the lack of diversity on Ferguson’s police force.
These anecdotal accounts underscored the history of mistrust of law
enforcement in Ferguson that has received a good deal of attention. As a
result of this history – and following an extensive review of
documented allegations and other available data – we have determined
that there is cause for the Justice Department to open an investigation
to determine whether Ferguson Police officials have engaged in a pattern
or practice of violations of the U.S. Constitution or federal law.
This investigation will be carried out by a team from the Civil Rights
Division’s Special Litigation Section – some of the same dedicated
professionals who have achieved historic results in ensuring
constitutional policing from coast to coast. Over the past five years,
the Civil Rights Division has prosecuted over 300 individual officers
for misconduct. We have opened 20 pattern or practice investigations
into police departments across the country. That’s more than twice as
many as were opened in the previous five years. And we’re enforcing 14
agreements to reform law enforcement practices at agencies both large
and small. With these agreements, we have seen dramatic decreases in
excessive uses of force; greater equity in the delivery of police
services, including important measures to address bias; and, most
significantly, increased confidence by communities in their law
enforcement agencies.
As the brother of a retired police officer, I know that the overwhelming
majority of our brave men and women in uniform do their jobs honorably,
with integrity, and often at great personal risk. The Civil Rights
Division’s efforts are simply meant to ensure that law enforcement
officers in every part of the U.S. live up to those same high standards
of professionalism. In Ferguson, our investigation will assess the
police department’s use of force, including deadly force. It will
analyze stops, searches, and arrests. And it will examine the treatment
of individuals detained at Ferguson’s city jail, in addition to other
potentially discriminatory policing techniques and tactics that are
brought to light.
We have met with the Mayor, City Manager and Police Chief in Ferguson.
They have welcomed the investigation and pledged complete cooperation.
This investigation will be conducted both rigorously and in a timely
manner, so we can move forward as expeditiously as possible to restore
trust, rebuild understanding, and foster cooperation between law
enforcement and community members. At the same time, I want to make
very clear that – as this investigation unfolds and evolves – we will
follow the facts and the law wherever they may lead. And if, at any
point, we find reason to expand our inquiry to include additional police
forces in neighboring jurisdictions, we will not hesitate to do so.
In fact, I can also announce today that – above and beyond our
investigation in Ferguson – we are taking proactive steps to engage the
St. Louis County Police Department in what’s known as a “collaborative
reform effort.” This partnership is being led by the COPS Office,
working closely with St. Louis County officials to conduct a
comprehensive assessment. The St. Louis County Police Chief has
voluntarily accepted the collaborative reform process and has also asked
that the COPS Office conduct an After Action Report on their response
to recent demonstrations. And already, with the cooperation of St.
Louis County leaders, we have identified priority areas for intensive
review and technical assistance – including racial profiling; stops,
searches, and frisking; the handling of mass demonstrations by police
officials; and law enforcement training both at the police academy and
at the continuing professional level.
Because St. Louis County administers training programs for officers
throughout the area – including members of the Ferguson Police
Department – it makes sense to include the county police department as
part of our comprehensive approach to confronting the challenges we’ve
seen in that region.
I want to be clear: this is not a stopgap or a short-term solution.
It’s a long-term strategy, founded on community policing, that will
provide a detailed roadmap to build trust; to bolster public safety; to
ensure accountability; and to change the way that law enforcement
leaders make decisions, implement policies, and forge community
partnerships. And our track record proves that such efforts to reform
policing practices can be tremendously successful.
For example, in 2012, the COPS Office and the Las Vegas Metropolitan
Police Department completed an eight-month review similar to the
collaboration we are launching today with the St. Louis County Police
Department. The Las Vegas review resulted in 75 findings and concrete
recommendations regarding officer-involved shootings and other
use-of-force issues. To date, fully 95 percent of these recommendations
have been adopted. And police agencies in two other jurisdictions are
going through similar processes as we speak.
When I visited Ferguson two weeks ago, I promised that the U.S.
Department of Justice would continue to stand with the people there long
after the national headlines had faded. Today, with our investigation
into the Ferguson Police Department and our reform efforts in St. Louis
County, we’re taking significant steps to keep that promise. As these
efforts unfold, my colleagues and I will keep working with the people in
Ferguson to ensure that a fair, thorough investigation occurs; to see
that dialogue can be translated into concrete action; and to facilitate
lasting, positive change – that brings together police officials, civil
rights leaders, and members of the public – to bridge gaps and build
understanding.
This won’t always be easy. But I know that, together, we can and will meet this challenge.
Before we move to questions, there have been court decisions announced
today in two separate but very important cases on which I would like to
briefly comment.
First, we are pleased that the district court in New Orleans has found
that the largest oil spill in U.S. history was caused by BP’s gross
negligence and willful misconduct. The court’s findings will ensure
that the company is held fully accountable for its recklessness. This
case, which was vigorously pursued by the United States’ stellar legal
team, marks another significant step forward in the Justice Department’s
continuing efforts to seek justice on behalf of the American people for
this disaster. And we are confident this decision will serve as a
strong deterrent to anyone tempted to sacrifice safety and the
environment in the pursuit of profit.
Second, in Ohio, a district court has held that the plaintiffs
challenging the State of Ohio’s changes to its in-person early voting
rules likely will be able to prove that those changes are
unconstitutional. The Justice Department had filed a Statement of
Interest in this case. And today’s outcome represents a milestone in
our effort to continue to protect voting rights even after the Supreme
Court’s deeply misguided decision in Shelby County.
I am pleased to note that today’s decision, and the judge’s analysis,
rests on some of the same legal reasoning that underlies the
Department’s pending challenges to voting measures in Texas and North
Carolina under Section 2 of the Voting Rights Act. And as we move
forward, my colleagues and I will continue to do everything in our power
to aggressively defend access to the ballot box and ensure that every
American can exercise his or her right to participate in the democratic
process, unencumbered by unnecessary restrictions that discourage,
discriminate, or disenfranchise.
At this time, we would be happy to take your questions.
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