Phoenix has called DOJ’s bluff. Phoenix has told the DOJ Civil Rights Division that they will refuse to sign a consent decree even before DOJ has released its pattern-or-practice findings. This is a historic event and could bring down the entire consent decree industrial complex.
Phoenix has told DOJ that during the more than two-year pattern-or-practice investigation, Phoenix PD has implemented many reforms that have remedied the problems of the past. Therefore, a consent decree is not needed to ensure constitutional policing. Phoenix has asked DOJ to issue a technical assistance letter instead.
LISTEN TO INTERIM CHIEF SULLIVAN DISCUSS THE STATUS OF THE CONSENT DECREE
DOJ has never had to deal with this type of resistance before. DOJ attorneys are in panic mode, and they will be consulting with their political advisors on the best course of action. DOJ will want to make sure this does not harm the current administration during an election year.
Phoenix has poked the bear, and the bear is going to fight back. DOJ has been publicly humiliated, and they cannot just walk away from Phoenix. I expect that DOJ will forego their national press conference announcing their pattern-or-practice findings and will instead go straight to federal court and file a lawsuit against Phoenix. During the litigation process, DOJ will try to put pressure on Phoenix to settle and sign a consent decree. If Phoenix stands their ground, they will win in the end because DOJ is bluffing and does not have any evidence to prove that the police department has a pattern or practice of unconstitutional policing.
IS A CONSENT DECREE CONSTITUTIONAL?
Louisville and Minneapolis should put their consent decree negotiations on hold and wait and see what happens in Phoenix. These cities should not sign a settlement agreement unless DOJ can actually prove their case in court.
Bob Scales is the CEO of Police Strategies.
