(Bob Scales): DOJ civil rights attorneys came out from the shadows yesterday to hold a virtual “community” meeting in Phoenix. DOJ has been silent since they released their pattern-or-practice findings in June at a virtual press conference: https://lnkd.in/dw7YQAb9
DOJ has refused to speak with City officials during the three-year investigation and after their findings were released. Now suddenly DOJ wants to talk, but first they want to make their case to the media.
Phoenix has asked DOJ for a technical assistance letter, but DOJ made it clear last night that the only thing they will accept is a consent decree overseen by a federal judge and a for-profit monitor.
Phoenix has challenged DOJ’s findings by releasing information about the cases that were used in the DOJ report. Phoenix PD, the police union and independent experts have all reviewed the cases used by DOJ and determined that the DOJ’s findings have no merit and are not based on the facts or the law. DOJ fabricated its findings.
DOJ’s response is that there are many more cases that it used to reach its findings that are not included in the report. How convenient. This is standard operating procedure for DOJ. Whenever DOJ is challenged, they will claim that they have secret information that supports their findings, but they will not share it with anyone. We are just supposed to trust that DOJ has all the evidence that it says it has.
Phoenix has a simple choice to make because DOJ is not willing to negotiate. The City can either sign a federal consent decree or refuse and let DOJ sue them in federal court. DOJ is bluffing and they do not have sufficient evidence to prove their case. If DOJ had the evidence, they would have no problem providing everything to the public.
Phoenix needs to understand that they are holding all the cards and there is no way that DOJ can prove by a preponderance of the evidence that Phoenix PD has a pattern-or-practice of unconstitutional policing. All Phoenix has to do is say no and then the burden shifts to DOJ to prove their case.
If Phoenix decides to sign a consent decree, then they will essentially be pleading guilty to a crime they did not commit with a prosecutor who has no evidence.
