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For context on precisely why DOJ’s TRO request is disgusting, let’s look at the purpose of consent decrees, the Trump administration’s regard thereof, and how the TRO is a bastardization of the purpose for such decrees. 1/ https://twitter.com/lovemytn/status/1287040890159222786
When DOJ believes state or local law enforcement agencies engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution, it can investigate such agencies under 42 U.S.C. § 14141 and later pursue injunctive relief. /2
The purpose is clear: To diminish police misconduct like, among other things, excessive force, discriminatory harassment, false arrests, coercive sexual conduct, and unlawful stops, searches or arrests. /3
In 2011, DOJ concluded that Seattle PD engaged in a pattern of unnecessary and excessive force, so the U.S. and Seattle entered into the consent decree linked here: https://www.seattle.gov/Documents/Departments/Police/Compliance/Consent_Decree.pdf
Forgot the “/4” oh well.
Here’s the consent decree flatly stating that its purpose is to ensure compliance with the Constitution, public safety, and public confidence in Seattle PD. /5
Here’s the consent decree flatly stating that its purpose is to ensure compliance with the Constitution, public safety, and public confidence in Seattle PD. /5
That’s all good & well, but remember, that was 2011-2012. @BarackObama was president. Things changed drastically when @realDonaldTrump took over... /6
Since 2017, there’s been a tremendous drop in the number of consent decrees and little interest in them generally. You can thank @jeffsessions for that. Here’s a good article from @JoeDavidsonWP on it: https://www.google.com/amp/s/www.washingtonpost.com/politics/justice-department-has-a-tool-to-make-police-forces-better-its-not-using-it/2020/06/02/96caf940-a451-11ea-8681-7d471bf20207_story.html%3foutputType=amp
Forgot the “/7”! You can tell how few threads I post. Anyway, as of this new TRO request, it seems DOJ doesn’t want to use consent decrees to avert police misconduct; now, it’s using the decree to *promote* excessive force. /8 https://twitter.com/omarisal/status/1286854301353009152?s=21
An agency tasked with promoting justice, a division intended to preserve civil rights, and lawyers who purport to care about civil liberties asked a court to block an anti-tear gas measure, and that is absolutely revolting. Shame on these people: /9
According to them, the U.S. and the public will suffer “irreparable harm” if police aren’t allowed to use tear gas on protesters. /10
That’s why it’s disgusting. Trump DOJ & Bill Barr took a measure intended to guard against excessive force and bastardized it to promote excessive force. /fin https://twitter.com/lovemytn/status/1287040890159222786?s=21 https://twitter.com/lovemytn/status/1287040890159222786
