Of course, violence is never justified. But seen in this context – amid a highly toxic environment, defined by mistrust and resentment, stoked by years of bad feelings, and spurred by illegal and misguided practices – it is not difficult to imagine how a single tragic incident set off the city of Ferguson like a powder keg. In a sense, members of the community may not have been responding only to a single isolated confrontation, but also to a pervasive, corrosive, and deeply unfortunate lack of trust – attributable to numerous constitutional violations by their law enforcement officials including First Amendment abuses, unreasonable searches and seizures, and excessive and dangerous use of force; exacerbated by severely disproportionate use of these tactics against African Americans; and driven by overriding pressure from the city to use law enforcement not as a public service, but as a tool for raising revenue.
United States Attorney General from 2009 to 2015
Eric Himpton Holder, Jr. (born January 21, 1951) was the 82nd Attorney General of the United States and the first African-American to hold the position. He served under President Barack Obama.
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Though this nation has proudly thought of itself as an ethnic melting pot, in things racial we have always been and continue to be, in too many ways, essentially a nation of cowards. Though race related issues continue to occupy a significant portion of our political discussion, and though there remain many unresolved racial issues in this nation, we, average Americans, simply do not talk enough with each other about race. It is an issue we have never been at ease with and given our nation’s history this is in some ways understandable. And yet, if we are to make progress in this area we must feel comfortable enough with one another, and tolerant enough of each other, to have frank conversations about the racial matters that continue to divide us.
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The evidence of racial bias comes not only from statistics, but also from remarks made by police, city and court officials. A thorough examination of the records – including a large volume of work emails – shows a number of public servants expressing racist comments or gender discrimination; demonstrating grotesque views and images of African Americans in which they were seen as the “other,” called “transient” by public officials, and characterized as lacking personal responsibility.
Over the last few months, these goals have driven President Obama and me to announce a series of Administration proposals that will enable us to help heal mistrust wherever it is found – from a National Initiative for Building Community Trust and Justice, to a historic new Task Force on 21st Century Policing – which will provide strong, federal support to law enforcement at every level, on a scale not seen since the Johnson Administration. These aims have also led me to travel throughout the country – to Atlanta, Cleveland, Memphis, Chicago, Philadelphia, Oakland and San Francisco – to convene a series of roundtable discussions dedicated to building trust and engagement between law enforcement, civil rights, youth and community leaders from coast to coast.
This outcome is supported by the facts we have found – but I also know these findings may not be consistent with some people’s expectations. To all those who have closely followed this case, and who have engaged in the important national dialogue it has inspired, I urge you to read this report in full.
I want to emphasize that all of these examples, statistics and conclusions are drawn directly from the exhaustive Findings Report that the Department of Justice has released. Clearly, these findings – and others included in the report – demonstrate that, although some community perceptions of Michael Brown’s tragic death may not have been accurate, the widespread conditions that these perceptions were based upon, and the climate that gave rise to them, were all too real.
Although dialogue, by itself, will not be sufficient to address these issues – because concrete action is needed – initiating a broad, frank, and inclusive conversation is a necessary and productive first step. In all of the Civil Rights Division’s activities in Ferguson – as in every pattern-or-practice investigation the Division has launched over the last six years – our aim is to help facilitate and inform this conversation; to make certain it leads to concrete action; and to ensure that law enforcement officers in every part of the United States live up to the same high standards of professionalism. It is clear from our work throughout the country—particularly the work of our Civil Rights Division—that the prospect of police accountability and criminal justice reform is an achievable goal; one that we can reach with law enforcement and community members at the table as full partners.
This conclusion represents the sound, considered, and independent judgment of the expert career prosecutors within the Department of Justice. I have been personally briefed on multiple occasions about these findings. I concur with the investigative team’s judgment and the determination about our inability to meet the required federal standard.
Unfortunately, this event appears to have been anything but an isolated incident. Our investigation showed that members of Ferguson’s police force frequently escalate, rather than defuse, tensions with the residents they encounter. And such actions are sometimes accompanied by First Amendment violations – including arresting people for talking back to officers, recording their public activities, or engaging in other conduct that is constitutionally protected.
During the summer of 2012, one Ferguson police officer detained a 32-year-old African American man who had just finished playing basketball at a park. The officer approached while the man was sitting in his car and resting. The car’s windows appeared to be more heavily tinted than Ferguson’s code allowed, so the officer did have legitimate grounds to question him. But, with no apparent justification, the officer proceeded to accuse the man of being a pedophile. He prohibited the man from using his cell phone and ordered him out of his car for a pat-down search, even though he had no reason to suspect that the man was armed. And when the man objected – citing his constitutional rights – the police officer drew his service weapon, pointed it at the man’s head, and arrested him on eight different counts. The arrest caused the man to lose his job.
A community where local authorities consistently approached law enforcement not as a means for protecting public safety, but as a way to generate revenue. A community where both policing and municipal court practices were found to disproportionately harm African American residents. A community where this harm frequently appears to stem, at least in part, from racial bias – both implicit and explicit. And a community where all of these conditions, unlawful practices, and constitutional violations have not only severely undermined the public trust, eroded police legitimacy, and made local residents less safe – but created an intensely charged atmosphere where people feel under assault and under siege by those charged to serve and protect them.
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This deeply alarming statistic points to one of the most pernicious aspects of the conduct our investigation uncovered: that these policing practices disproportionately harm African American residents. In fact, our review of the evidence found no alternative explanation for the disproportionate impact on African American residents other than implicit and explicit racial bias.
For example, in 2007, one woman received two parking tickets that – together – totaled $152. To date, she has paid $550 in fines and fees to the city of Ferguson. She’s been arrested twice for having unpaid tickets, and spent six days in jail. Yet she still – inexplicably – owes Ferguson $541. And her story is only one of dozens of similar accounts that our investigation uncovered.
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The promise I made when I went to Ferguson and at the time that we launched our investigation was not that we would arrive at a particular outcome, but rather that we would pursue the facts, wherever they led. Our investigation has been both fair and rigorous from the start. It has proceeded independently of the local investigation that concluded in November. And it has been thorough: as part of a wide-ranging examination of the evidence, federal investigators interviewed and re-interviewed eyewitnesses and other individuals claiming to have relevant information and independently canvassed more than 300 residences to locate and interview additional witnesses.
Among the incidents of excessive force discovered by our comprehensive review, some resulted from stops or arrests that had no legal basis to begin with. Others were punitive or retaliatory in nature. The police department’s routine use of Tasers was found to be not merely unconstitutional, but abusive and dangerous. Records showed a disturbing history of using unnecessary force against people with mental illness. And our findings indicated that the overwhelming majority of force – almost 90 percent – is directed against African Americans.