Seattle Police Issues in US DOJ Report

An 11-month investigation by the Department of Justice into the Seattle Police Department has uncovered widespread use of excessive force and constitutional violations, especially against people of color, by officers at the Seattle Police Department. The 67 page report details a number of issues with the Seattle Police Department with interesting findings, for example:

"Use of Force – We find that SPD engages in a pattern or practice of using unnecessary or excessive force, in violation of the Fourth Amendment to the United States Constitution and Section 14141. Deficiencies in SPD’s training, policies, and oversight with regard to the use of force contribute to the constitutional violations."

Good to know if litigating in Seattle. Full coverage in the Seattle Times as well including the Seattle Police's response today.

Did You Get That Memo?

Extreme Police Makeover

From The Inlander:

David Condon has inherited an opportunity — a once-in-ageneration chance to reform the Spokane Police Department.

"It is my No. 1 issue. Make no mistake about it," says Condon, the incoming mayor of Spokane. "I've told directors of the other departments that it is my top priority. Everything is on the table.

"We're going to have a new mayor, new police chief, new assistant chief, a new council. There's a tremendous opportunity before us," says Tim Burns, the department's civilian ombudsman. "As I told Mayor Condon, [outgoing Mayor Mary] Verner inherited an impending train wreck. Mayor Condon has inherited an opportunity."

"Once in a generation," adds Breean Beggs, a longtime advocate for police reform who is representing Otto Zehm's family in a lawsuit against the city.

This fall, Officer Karl Thompson was convicted of using excessive force and lying to investigators about Zehm, who died in 2006 after being beaten and hog-tied by police. "The public understands broadly what went wrong," Beggs says. "It's totally the time [for reform]. This is the closest I've ever seen."

In addition to new political leaders, there's new leadership coming to the police department as well, with the retirements of Chief Anne Kirkpatrick and her assistant chief, Jim Nicks. The Thompson verdict and subsequent invitation from City Hall for the U.S. Department of Justice to review SPD's polices have put the force on notice: Times are changing.

The months ahead could see cameras installed on officers' uniforms, or perhaps the creation of a new position at City Hall — an elected city attorney. The police department could also be put under the purview of the sheriff.

These are all potential answers to the one question everyone seems to be asking: How do you reform the police department? 

Full article can be found here.

December 15th is Bill of Rights Day

The Bill of Rights was ratified on Dec. 15, 1791, when Virginia’s support gave the amendment a three-fourths majority needed to become a law. The Bill was drafted by James Madison, and it included the first 10 Amendments to the United States Constitution. How to celebrate this sometimes seemly evaporating group of important rights? Bill of Rights.com has some ideas including taking this quiz to test your Bill of Rights knowledge or watch some of their informative videos. Or just take a moment to remember the Rights and be inspired to keep fighting for them.

The Bill of Rights:

The Preamble to The Bill of Rights

Congress of the United States
begun and held at the City of New-York, on
Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

Note: The following text is a transcription of the first ten amendments to the Constitution in their original form. These amendments were ratified December 15, 1791, and form what is known as the "Bill of Rights."

Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment II
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment III
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment VII
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

DOJ Releases Findings of Misconduct in Maricopa County Arizona Sheriff's Office

The Justice Department announced its' findings today in a civil rights investigation into the Maricopa County Sheriff's Office. The Justice Department found constitutional and civil rights abuses including discriminatory stops and arrests of Latinos. An excerpt of the press release follows and the full report is available here:

The Justice Department found reasonable cause to believe that MCSO, under the leadership of Sheriff Joseph M. Arpaio, has engaged in a pattern or practice of misconduct that violates the Constitution and federal law. The investigation, opened in June 2008, was conducted under the provisions of the Violent Crime Control and Law Enforcement Act of 1994 and Title VI of the Civil Rights Act of 1964, and the Title VI implementing regulations.

The department found reasonable cause to believe that a pattern or practice of unconstitutional conduct and/or violations of federal law occurred in several areas, including:

Discriminatory policing practices including unlawful stops, detentions and arrests of Latinos;
Unlawful retaliation against individuals exercising their First Amendment right to criticize MCSO’s policies or practices, including but not limited to practices relating to its discriminatory treatment of Latinos; and
Discriminatory jail practices against Latino inmates with limited English proficiency by punishing them and denying them critical services.

The Justice Department found a number of long-standing and entrenched systemic deficiencies that caused or contributed to these patterns of unlawful conduct, including:

A failure to implement policies guiding deputies on lawful policing practices;
Allowing specialized units to engage in unconstitutional practices;
Inadequate training;
Inadequate supervision;
An ineffective disciplinary, oversight and accountability system; and
A lack of sufficient external oversight and accountability.

In addition to these formal pattern or practice findings, the investigation uncovered additional areas of serious concern, including:

Use of excessive force;
Police practices that have the effect of significantly compromising MCSO’s ability to adequately protect Latino residents; and
Failure to adequately investigate allegations of sexual assaults.

While no formal findings of pattern or practice violations have been made in connection with these issues, the investigation remains ongoing.

Holder to GOP Critic: 'Have You No Shame?'

From CNN:

GOP critics cranked up the political heat Thursday on Attorney General Eric Holder, threatening impeachment and accusing him of withholding information from Congress about Operation Fast and Furious, a severely flawed and discredited federal gun-sting program.

At the end of a long, combative day of testimony before the Republican-controlled House Judiciary Committee, California GOP Rep. Darrell Issa compared Holder to disgraced Nixon-era Attorney General John Mitchell.

Holder shot back by comparing Issa to Sen. Joe McCarthy, the infamous Wisconsin Republican censured by the Senate in 1954 for leading what critics called a Communist witch hunt.

"As they said in the McCarthy hearings, have you no shame?" asked Holder, referencing a famous retort to McCarthy.

Holder acknowledged mistakes were made, but said he would not resign over the controversy. The attorney general, accusing the GOP of playing political games, said he also didn't think any of his top aides should step down.

Operation Fast and Furious, which started in 2009, allowed illegally purchased firearms to be taken from gun stores in Arizona across the Mexican border to drug cartels. The intent of the operation was to monitor the flow of weapons to their ultimate destination.

However, hundreds of weapons were lost or unaccounted for, and a storm of outrage erupted when two of the missing weapons were found at a site where Border Patrol agent Brian Terry was killed in December 2010.

Democrats and Republicans have since been at odds over who knew what about the operation and when.

Wisconsin GOP Rep. Jim Sensenbrenner told Holder Thursday that "heads should roll" over the matter.

Full article can be found here.

US Agents Laundered Drug Money: Report

(AFP) - Anti-narcotics agents working for the US government have laundered or smuggled millions of dollars in drug proceeds to see how the system works and use the information against Mexican drug cartels, The New York Times reported Sunday. Citing unnamed current and former federal law enforcement officials, the newspaper said the agents, primarily with the Drug Enforcement Administration, have handled shipments of hundreds of thousands of dollars in illegal cash across borders. Some 45,000 people have been killed in Mexico since 2006, when its government launched a major military crackdown against the powerful drug cartels that have terrorized border communities as they battled over lucrative smuggling routes. According to these officials, the operations were aimed at identifying how criminal organizations move their money, where they keep their assets and, most important, who their leaders are, the report said. The agents had deposited the proceeds in accounts designated by traffickers, or in shell accounts set up by agents, the paper noted. While the DEA conducted such operations in other countries, it began doing so in Mexico only in the past few years, The Times said. As it launders drug money, the agency often allows cartels to continue their operations over months or even years before making seizures or arrests, the report said. According to The Times, agency officials declined to publicly discuss details of their work, citing concerns about compromising their investigations. But Michael Vigil, a former senior official who is currently working for a private contracting company called Mission Essential Personnel, is quoted by the paper as saying: "We tried to make sure there was always close supervision of these operations so that we were accomplishing our objectives, and agents weren?t laundering money for the sake of laundering money."