There has been some discussion among insiders in and around Phoenix that the police department is attempting to resolve the DOJ Investigation by a Memorandum of Agreement (MOA). We haven’t said much about this because frankly, the DOJ rarely does them, but they are more dangerous than a consent decree for a wide variety of reasons.
- While a consent decree places the so-called federal court and a judge over them to decide when it will end, the MOA places all of that control in the hands of the DOJ. The MOA will state that it will end on “the decision of both parties” which means that the Phoenix Police Department will be under federal control as long as the federal government wants. The court isn’t involved so there will be no one for the agency or the citizens to appeal or grieve to.
- Even though a court isn’t involved in a MOA, the DOJ can still select an “independent” monitor. We have already described the serious issues with these monitors but even if the monitor decries compliance by Phoenix PD, that isn’t good enough for the DOJ under a MOA. Just 3 years into a MOA in Miami, the. Monitor said that the agency complied, but the DOJ disagreed and simply began running the agency after the monitor left.
- During pattern or practice investigations (as PPD has been under), the DOJ does not have subpoena power, and they rely on the agency for cooperation. An MOA gives the DOJ complete authority and unlimited access to all things Phoenix.
Don’t be fooled by anyone that tells you that an MOA is a “best case scenario” for Phoenix. It’s worse and will completely destroy law and order in the community.
Ultimately, we don’t understand why the city is even negotiating anything with the DOJ. The DOJ continues to refuse to provide any details of their summary report and has we have discussed that report was full of falsehoods and lies.
Shouldn’t the DOJ answer to that first?
The fate of Phoenix is now in the hands of the leaders and their decision is quite easy. After spending over 10 million dollars on an investigation into their own agency, the DOJ gave them a report that was a fraud. You don’t have to believe us…go look for yourself.
Up until now, Phoenix Leaders have stood up. Now it’s time to walk away.
