As we mentioned in a previous article, the DOJ has a problem. For the first time, a major city has refused to simply sign up for a multi-million dollar consent decree, that promises higher violence and fewer cops, before seeing the results of the investigation.
The DOJ can’t leave because that would signal to future cities that they don;’t have to be bullied.
The DOJ also can’t go to court because that entails actually proving their case. If you are questioning whether there is actual evidence of a “pattern and practice” of civil rights violations with the Phoenix Police Department, ask yourself why the DOJ is refusing to show the decision makers the investigation?
So that leaves the only option the DOJ has which is extreme private pressure combined with outright lies.
The pressure has been on and so far, the city councilors have wisely decided to not sign anything without seeing evidence. So now it’s time for extreme PUBLIC pressure.
The DOJ Playbook
The public pressure started several weeks ago when a well known “reverend” activist showed up in front of city hall with a press conference and tales to tell. He talked about police murdering people and the decades of abuse. The problem is that there was no evidence of that…a DOJ dream press conference.
Here is what was said and served as the first volley in a battle that is coming.
“This is the umpteenth time that they have racially profiled someone…There is an endless litany of people who have been maimed, mistreated, and murdered by the Phoenix Police Department, and it really is time for it to come to an end…We’re going to bring out somebody every day until the consent decree is signed or until the chief has been fired and they get somebody else in there who’s willing to cooperate.”
Propaganda serves as much as a role if not more than the actual fighting in any battle and that is what the next play in the playbook is.
It started last night at a city council meeting where the Maricopa County Attorney’s Office discussed the effect of a consent decree on their county (one that has cost 250 million dollars thus far).
Thomas Liddy, MCAO’s Civil Division Chief, told the council that “If there’s a consent decree, you have a seat at the table writing it.”
We assume that Mr. Liddy has been misinformed but let’s look at that premise from some intellectual honesty.
If Phoenix voluntarily signs for a consent decree, they don’t write the consent decree. The DOJ writes it and Phoenix will have to sign it. There is no seat at the table because you may be at the DOJ table but you will not get to sit down. There is absolutely nothing given to Phoenix that says they are mutual partners in a coming consent decree.
Sure, it’s in the DOJ’s interest to get compliance but all you have to do is ask any cop in any city under a consent decree and they will tell you that they aren’t working for their local police department, they work for the DOJ.
With a consent decree, the DOJ does not have to PROVE ANYTHING. That’s why they rely on consent decrees and voluntary compliance.
The public and the politicians will hear more propaganda in the coming weeks as national and local media will descend upon Phoenix to help their friends with the DOJ and when they do, don’t be fooled. Listen for actual facts and notice how many times emotion and race are discussed.
The Only Playbook
We live in a country that has historically placed a priority on due process and it is that process that the Phoenix City Council should embrace. The DOJ should be treated like any other entity threatening legal action against the city. They need to go to court, file their lawsuit and present their evidence. The city will have an opportunity to refute or confirm the evidence, and a judge will make the decision.
Refuting that evidence, using court rules, will give Phoenix an opportunity to see the entire investigation (not just a summary report), methodology, and experts used.
If the DOJ wins, then they have PROVEN their allegations and the Phoenix Police Department will pay for it by being placed under a court order.
But…
If Phoenix signs a consent decree without this due process, they have agreed to the sentence without any presentation of evidence or due process.
No sane individual or group would ever do that and they certainly wouldn’t do it if they knew the 30 year disaster that decision has been.
