Transcripts For CSPAN House Judiciary Committee Hearing On Police Reform Part 1 20240712

The House Committee on the judiciary will come to order. Without objections, the chair is authorized to declare recesses of the committee at any time. We welcome everyone to this hearing on policing practices and Law Enforcement accountability. I thank all of our members and witnesses for participating, both in person and remotely. I appreciate all the work that went into making use of this room and the technology we are using possible. Before we begin, i would like to remind members we have established an email address and distribution list dedicated to circulating exhibits, motions, or other written materials members might want to offer as part of our hearing. If you would like to submit turtles, please send them to the email address that has been previously distributed to your offices, and we will circulate the materials to members and staff as quickly as we can. In light of what is going on in the world today, i ask that everyone in the room wear a mask at all times other than when you are a speaker, when you are speaking, a member, when here she is speaking, please wear a mask at all times. This is for public health. I now recognize myself for an opening statement. We are familiar with the terrifying words, i cant breathe. They were uttered in minneapolis by george floyd while a Police Officer pinned a need to his neck for a chilling eight minutes and 46 seconds, taking from him the final breath of life. Six years ago, eric garner uttered those exact same fateful words while locked in a chokehold in new york city. He, too, died at the hands of Law Enforcement. Millions of americans have now i cant breathe, as a rallying cry and streets around the country, demanding fundamental change in the culture of Law Enforcement and accountability for officers. Today, we answer their call. Our hearts ache for the loss of george floyd and eric garner. They ache for breonna taylor, tamir rice, freddie gray, walter tamirmir rice, rice, and so many other victims of Police Violence in all parts of america. Their shocking death sparked momentary outrage, but no fundamental change. And for every incident of Excessive Force that makes headlines, the ugly truth is that there are countless others that we never hear about. Every day, africanamericans and other people of color live in fear of harassment and violence at the hands of some Law Enforcement officers. This is their reality. Our countrys history of racism and racially motivated violence rooted in the original sin of slavery continues to haunt our nation. To those who do not believe it, please look at the tragic statistics. Africanamericans are more than twice as likely to be shot and killed by police each year, and black men between the ages of 15 old ared and 34 years approximately 10 times more likely to be killed by police than other americans. This outrage is a reality we must change. Today, we look for ways to prevent racist acts of violence by Police Officers, to hold accountable those who commit such acts, and strengthen the trust between Law Enforcement and the communities they serve. On monday, i joined the chair of the crime subcommittee, karen bass, as well as the Congressional Black Caucus in introducing the justice in policing act, which would further that cause. The bill now has over 200 cosponsors in the house and 36 cosponsors in the senate. I want to make clear at the outset that the bill is not an indictment of all Police Officers. We must always remember that most Law Enforcement officers do their jobs with dignity, selflessness, and honor, and they are deserving of respect and gratitude for all they do to keep us safe. We owe a debt that can never be paid to the too many officers killed in the line of duty every year, and it is clear that there are many officers, including some local Police Chiefs who marched arm in arm with their communities, who want to separate themselves from the dangerous behavior of others in the profession. But there are too many officers who abuse their authority, and we cannot be blind to the racism and injustice that pervades far too many of our Law Enforcement agencies. The nation is demanding that we enact meaningful change. This is a systemic problem that requires a comprehensive solution. That is why the justice in policing act takes a holistic approach that includes a variety of front end reforms to change the culture of Law Enforcement while also holding bad Police Officers accountable, to separate them with a true ethic to protect and serve. Among other things, the bill would make it easier for the federal government to prosecute Police Misconduct cases successfully. It would ban chokeholds. It would end racial profiling. It would encourage prosecution independent of local police, and remove the dubious idea of qualified immunity for Law Enforcement. The department should meet a Gold Standard in training, hiring, deescalation strategies, bystander duty, and use of body cameras and other best practices. It also creates a new Grant Program for communitybased organizations to create local taskforces on policing innovation that would reimagine Public Safety so that it is just as equitable for all americans. The goal of this legislation is to achieve a guardian, not warrior model of policing. The justice in policing act is bold and transformative while also taking a responsible and balanced approach to the many complicated issues associated with policing. I look forward to bringing it before our committee in short order. To the activists who have been sounding the alarm for years only to be ignored and greeted with half measures, it is because of your persistence and determination that we are here today. If there is one thing i have taken away from the tragic events of the last month, it is that the nation demands and deserves meaningful change. We can and should debate the specifics, but at the end of the day, it is the responsibility and the obligation of the House Judiciary Committee to do everything in our power to help deliver that change for the American People. I look forward to hearing from our witnesses, who bring a wealth of knowledge and experience to the many issues we are examining today and will help guide us in that process. But first, i want to address one witness, the brother of george floyd. We are all very sorry for your loss, and we appreciate your being here today to discuss your brothers life. We must remember he is not just a cause, a name to be chanted on the streets. He was a man. He had a family. He was known as a gentle giant. He had a rich life that was taken away from him far too early. We mourn his loss. This is a very difficult time for our nation, we have lost more than 110,000 people to covid19, a toll that has fallen disproportionately on people of color. We have lost brave Police Officers and other frontline workers who risked their lives to serve their communities. We have lost george floyd, breonna taylor, and the many victims of Excessive Force by Law Enforcement. We must act today to honor their memory. I now recognize the Ranking Member of the judiciary the gentleman from ohio, mr. Jordan, for his Opening Statements. Jordan i want to thank all of our witnesses for being here today and extend our sympathy to mr. Floyd. We are also sorry for your loss and for what your families have had to live through and had to endure. Mr. Floyd, the murder of your brother in the custody of Minneapolis Police is a tragedy, it never should have happened, its as wrong as wrong could be, and your brothers killers will face justice. The murder of your brother by the riders in oakland is a tragedy and never should have happened. It is as wrong as wrong can be, and your brothers killers will face justice. There are 330 Million People in this great country, the greatest nation ever, not perfect, but the greatest ever. But the best nation ever. And they understand, the American People understand it is time for a real discussion, real debate, Real Solutions about Police Treatment of africanamericans. Americans also understand that peaceful protests, exercising their First Amendment liberties honors George Floyds memory and it helps that discussion, debate, and solutions happen. The people of this great country, you know what else they understand . You know what else they get . They understand there is a big difference between peaceful protests and rioting. There is a big difference between peaceful protests and looting. There is a big difference between peaceful protests and violence and attacking innocent people. And there is certainly a big difference between peaceful protests and killing Police Officers. You know what else they get . You know what else the American People fully understand . They know the vast majority of Law Enforcement officers are responsible, hardworking, heroic first responders. They are the officers who protect us every single day. They are the officers who rushed into the twin towers on 9 11. They are the officers in our neighborhoods and communities every day, every night, every shift they work, put their lives on the line to keep our communities safe. And guess what americans also get . Guess what else they understand . They know it is pure insanity to defund the police, and the fact that my democratic colleagues wont speak out against this policy is just frightening. Think about what we have heard in the last few weeks. We have heard the mayors of our largest cities, mayor garcetti said he wants to defund the police. The mayor of new york wants to defund the police. The city council in minneapolis says they want to defund the police and abolish the department. This congress started off with the democrats and folks on the left saying we should abolish ice, then saying we should abolish the department of Homeland Security, now they are talking about abolishing the police. This is wrong, and the American People know it is wrong. We should honor the memory of george floyd and work hard so that nothing like it happens again. We should honor the memory of Dave Patrick Underwood and work hard so that nothing like that ever happens again. A half ago, our mission was clearly stated. 11 days ago in florida, the president of the United States clearly stated what our mission should be. He said he stood before us as a friend and ally to every american seeking justice and peace and in Firm Opposition to anyone exploiting tragedy. Tragedy to loot, attack, rob, and menace. Healing not hatred. Healing, not chaos, is the mission at hand. Justice, not chaos, is the mission at hand. That is our mission. This is the House Judiciary Committee. With its storied history of defending the constitution and the rule of law. Lets adopt that mission, healing, not hatred. Justice, not chaos. Lets Work Together to continue to make america the greatest nation ever. I yield back, mr. Chairman. Chair nadler thank you, mr. Jordan. I recognize the chair of the subcommittee on crime, gentle lady from california for her opening statement. Bass i want to thank you for your years of leadership on this issue. What we saw in minnesota, the slow torturous murder of george floyd by uniformed officer was an outrage and tragedy. What we have seen since then, millions in the street demanding justice and calls for reform, it has been an inspiration, and minus a few days of violence, it has been peaceful and in the american tradition. What we have here today is a hearing in the u. S. Congress to examine policing practices in america in an attempt to reform. We have an opportunity. What we have seen since then is an opportunity to rethink the nature of policing, an opportunity for meaningful accountability in policing, and it is an opportunity to show the nation and the world we are listening and will act. Too often, this debate is framed in citizens versus the police, us versus them, but this is about the kind of america we want to see. We all want to be safe in our communities. We all want the police to come to our rescue when we are in trouble. We all want to support the brave men and women who put their lives on the line every day. And when we interact with police, we want to be treated with respect and not suspicion. Nobody should be subjected to harassment because of the color of their skin, or suffer racial profiling or be on the end of a deadly chokehold. We should want for our children and our neighbors the same. On monday, i introduced, along with chairman nadler and 200 members of congress, the justice in policing act. This bold, transformative legislation would reimagine the culture of policing, while Holding Accountable officers who fail to uphold their service of the community. Of protecting their communities. When we do a markup, we will entertain an amendment to change the name of the legislation in honor of george floyd. If this had been a law last year, george floyd would be alive, because chokehold would be banned. Because chokeholds would be banned. Breonna taylor would be alive because no knock warrants for drugs would be banned. Tamir rice would have graduated high school this may because the officer that killed him had been fired from a nearby department, and he lied on his application. But this legislation calls for a National Registry so that would not have happened. Tamir rice would have graduated high school. I understand change is difficult but i am certain that Police Officers are professionals who risk their lives every day and are just as interested in building a strong relationship with the communities that they serve based on mutual trust and respect and those who rely on their action. As those who rely on their protection are. They want to increase and upgrade the profession, having having National Standards should never be that you can do a chokehold in one city and not another. There should be basic standards and basic accreditation. There should be continuing education, just as there are in so many other professions. When i was at the service yesterday, when i was there, i looked at the picture of george floyd, and i saw the year he was born. He was born in 1973. That was an important year in my life, because that was the year i joined the coalition against police abuse in los angeles. That was 47 years ago. Our police chief at the time we were suffering from victims who had died because of chokeholds. Our police chief held a press conference where he told los angeles that the reason why black people die of chokeholds is because our neck veins were different, and did not open up as rapidly as normal people. That is where we were 47 years ago. The question remains for us, it was 29 years ago that we saw the rodney king beating. And as an activist at the time, i was sad at the tragedy, it was horrific to see him beat like that, but most of the activists said, finally, we know we will have justice. Theres no way these Police Officers will get off, because the whole world saw what happened. In the civil rights movement, what led to great change and the end of legal segregation, aside from the house and the people that protested, it was the fact that there were cameras there. The beatings, the treatment of black people themselves had gone on for hundreds of years, but it was not until the cameras exposed to that that things began to change. What has happened in the 29 years since rodney king with the advent of cell phone cameras . We have seen example after example after example. 29 years since rodney king. Six years since eric garner. Just weeks since the death of george floyd. His death cannot be in vain. I told his brother that his name will live on in history, because the tragedy that he suffered has been the catalyst for what i believe will be profound change. And not just change that helps to Professionalize Police departments, not just change that prevents further abuse and death, but an opportunity for communities through receiving grants to take a look at their community and say, there are all of these issues that we face, why should Police Officers have to address homelessness and Mental Illness . Police officers complain all the time that they are not social workers. With these grants maybe communities can take an opportunity to reenvision what Public Safety is and come up with better models to work with police, and better models to reduce the problems that wind up needing a Police Officer. That is what we have the opportunity to do in this congress with that piece of legislation. With this piece of legislation. I hope that we work for passage of this legislation in the house, it gets through the senate, the president signs it, and in the year 2020, we never see again what we saw a few weeks ago. It was not just a tragedy for our country and our nation, but it was an embarrassment of our nation in front of the entire world. While we hold up human rights in the world, we have to hold them up in our country. With that, i yield. Chair nadler thank you. Since mr. Ratcliffe, the former Ranking Member of the crime subcommittee, has left the committee to serve as director of national intelligence, i recognize the Ranking Member of the subcommittee of constitution, civil rights, and Civil Liberties mr. Civil liberties, mr. Johnson, for an opening statement. Thankhnson i want to you, especially mr. Floyd and ms. Underwood jacobs, for making the trip in the midst of tragedy and difficult circumstances to share your experiences. It is valuable and we are grateful. You have our condolences and our profound sadness for your loss. My community has been praying for you and will continue to. We are going to talk about policing practices and reforms. That is a really important topic. Since this is the First Full Committee Hearing we have had in judiciary since the tragic death of mr. Floyd, i think it is also important for us to acknowledge here in the beginning what is believed by so many to be a root cause of the persistent challenges we face together as a country. That is the need for authentic reconciliation in our communities. Everyone here understands that racism in any form violates the most fundamental principles of our great nation and the rules of our creator. The central idea of america is that we boldly declare the the central idea of america, lets not forget, is that we boldly declare the selfevident truth that all men are created equal, and they are endowed by god with inalienable rights. There are serious implications that come from that. Among them is the idea that every person has inestimable dignity and valley. And our value is not related to the color of our skin, what zip code we live in, or what we contribute to society. Our valley was inherent because it comes to us by our creator. If we can ever learn to see one another as god does, i think it will solve a lot of our problems. This unspeakable act of cruelty that america witnessed in minneapolis has opened an important new dialogue on reform. While policing has always been regarded as an inherently local function, we do agree that congress has a key role to play in ensuring abuses are not being tolerated and can never happen again. Justice has to be swift, and bad Police Officers have to be held accountable. But at the same time, we want to be careful to recognize that officers like the ones involved in the death of george floyd are not representative of the vast majority of americas Law Enforcement officers. Most are faithful, selfsacrificing Public Servants that put themselves on the line to protect our community. Protect our communities. We need to honor that and recognize and empower those Law Enforcement officers, which is exactly the opposite of the radical, dangerous proposals we are seeing right now to defund them. A government of, by, for the people must be of law and order. Public safety, of course, is the key to maintaining a republic. Without that, things like the rioting, looting, and violence that has led to the destruction of cities and minority owned businesses, ironically, would prevail over the valuable, peaceful protests intended to bring about meaningful change. Theres a consensus among every member of the committee that there are solutions we can work toward that will restore faith in our institutions and build trust in our communities. From where we sit right now, we believe the most actionable must focus around three core concepts. Transparency, training, and termination of those rare bad apples in Law Enforcement that violate the law and the legitimacy that upholds the character of our system. This Common Ground is key if we are going to accomplish the goal of keeping our communities safe, upholding the Civil Liberties of individuals, protecting the legitimacy of Law Enforcement. None of these goals are mutually exclusive. We can and should clearly condemn the senseless violence we have seen and all causes of it from a few bad apples wearing a badge, to the bad actors and anarchists sparking riots in the street. At the same time, we can Work Together on meaningful reforms and real results while upholding the respect and appreciation that every american who faithfully serve us. I have faith we can Work Together as a committee. This is a bipartisan concern and we will have bipartisan solutions, i hope, for the future of our country and the americans to come. We have to do that. I urge my colleagues to hear and to listen to our witnesses and work with each other as friends and fellow americans to understand the need in our communitys mutual respect. In our communities and foster our discussions on a foundation of stability and mutual respect. We started that, and i hope we can continue it. With that, i yield back. All other Opening Statements will be included in the record. We have an unusally large panel today. But given the broad range of issues that we will be discussing, we have invited the broad range of witnesses. As is customary, the minority was given the opportunity to invite witnesses, as well, and they have selected mr. Bongino, pastor scott, and ms. Underwood jacobs. We welcome everyone. We thank them for their participation. If witnesses will arise, i will begin by swearing you in. Do you swear or affirm under penalty of perjury that the testimony you are about to give is true and correct to the best of your knowledge, information, and belief, so help you god . Let the record show the witnesses answered in the affirmative. Thank you, and please be seated. Please note that each of your written statements will be entered into the record in its entirety. Accordingly, i ask that you summarize your testimony in five minutes. To help you stay within that time, those witnesses testifying in person, there is a timing light on your table. When the light switch goes from green to yellow, you have one minute to conclude your testimony. When the light turns red, it signals your five minutes have expired. For remote participants, theres a timer on your screen to help keep track of time. Given the large number of witnesses, i will introduce each witness and invite him or her to give his or her testimony before introducing the next witness. We will begin with mr. Floyd. Philonise is the brother of george floyd, who was killed by minneapolis Police Officers may 25. On may 25. Mr. Floyd has spoken eloquently about his brothers life, and we appreciate his being with us today, having flown to washington to testify before us today directly from his brothers funeral in houston yesterday. We are all so sorry for your loss. Mr. Floyd, you may begin. Mr. Floyd thank you. Chairman Jerrold Nadler and members of the committee, thank you for the invitation here today to talk about my big brother, george. The world knows him as george, but i called him perry. Yesterday, we laid him to rest. It was the hardest thing i ever had to do. Im the big brother now. So it is my job to comfort my sisters, perrys kids and everyone who loved him, and that is a lot of people. I have to be the strong one now, because george is gone. And me being the big brother now is why i am here today. To do what perry would have always done, to take care of the family and others. I could not take care of george the day he was killed. But maybe by speaking with you today, i can make sure that his death will not be in vain. To make sure that he is more than another face on a tshirt, more than another name on a list that wont stop growing. George always made sacrifices for our family, and he made sacrifices for complete strangers. He gave the little he had to help others. He was always a gentle giant. I was reminded of that when i watched the video of his murder. He called all the officers sir. He was mildmannered. He did not fight back. He listened to all of the officers. The man who took his life, who suffocated him for eight minutes and 46 seconds, he still called him sir as he begged for his life. I cant tell you the kind of pain you feel when you watch Something Like that. When you watch your big brother, who you looked up to your whole entire life die, die begging for his mom . I am tired. I am tired of pain. Pain you feel when you watch Something Like that. When you watch your big brother when you watch your big brother, who you looked up to for your whole life die, die begging for his mom . I am here to ask you to make it stop. Stop the pain. Stop us from being tired. George called for help, and he was ignored. Please listen to the call i am making to you now, to the calls of our family and the calls ringing out in the streets across the world. People of all backgrounds, genders, and races have come together to demand change. Honor them. Honor george, and make the necessary changes that make Law Enforcement the solution and not the problem. Hold them accountable when they do something wrong. Teach them what it means to treat people with empathy and respect. Teach them what Necessary Force is. Teach them that deadly force should be used rarely and only when life is at risk. George was not hurting anyone that day. He did not deserve to die over 20. I am asking you, is that what a black man is worth . 20 . This is 2020. Enough is enough. The people marching in the streets are telling you enough is enough. The people elected you to speak for them to make positive change. Georges name means something. You have the opportunity here to make your name mean something, too. If his death ends up changing the world for the better, and i think it will, then he died as he lived. It is on you to make sure his death is not in vain. I did not get the chance to say goodbye to perry while he was here. I was robbed of that. But i know he is looking down at us now. Perry, look at what you did, brother. Big brother. You changed the world. Thank you for everything. For taking care of us while on earth, for taking care of us now. I hope you found mama and you can rest in peace with power. Thank you. Rep. Nadler thank you, mr. Floyd. Vanita gupta is the president and ceo of the Leadership Conference on civil and human rights. Ms. Gupta previously served as acting assistant attorney general and led the departments Civil Rights Division. She received her jd from New York University school of law and her ba from yale university. You may begin. Ms. Gupta thank you for those incredibly powerful words, mr. Floyd, and we are so sorry. Chairman nadler, Ranking Member collins, members of the committee, thank you for the opportunity to testify today. Thank you, chairman nadler, for calling this hearing on policing practices and the need for transformative policies that promote accountability begin to reimagine Public Safety and respect the dignity of all people. That promote accountability, begin to reimagine Public Safety and respect the dignity of all people. While the recent murder of george floyd at the hands of four minneapolis Police Officers put the issue of Police Brutality in the national spotlight, the outpouring of pain and anger is anything but a reaction to one isolated incident or the misconduct of a few bad apples. Instead, the outcry is a response to the long cycle of the stolen lives and violence with impunity toward black people in our nation. We are now at a turning point. There is no returning to normal. We have to create a new way forward, one that does more than tinker at the edges, that promotes data in training. We need something that truly transforms policing and leads to more accountability for police for communities. It is imperative we get this right and congress reflects the acknowledgement of black lives matter, the movement for black lives, so many people that are bringing us to this tipping point. My tenure as head of the Justice Department Civil Rights Division began two months after 18yearold Michael Brown was killed by a Police Officer in ferguson. The Justice Department was hardly perfect, but we understood our mandate to promote accountability and constitutional policing in order to build Community Trust. During the obama administration, we opened 25 pattern or practice investigations to help realize greater structural and communitycentered change, often at the request of Police Chiefs and mayors who needed federal leadership. After making findings, we negotiated consent decrees with extensive engagement and input from Community Advocates who not only identified unjust and unlawful policing practices, but also helped develop sustainable mechanisms for accountability and systemic change. That is not the Justice Department that we have today. Under both attorneys general, Jeff Sessions and bill barr, the department has abdocated its responsibility and abandoned the use of tools like pattern practice investagations and consent decrees. Instead, it has focused on dismantling Police Accountability and halting any new investigations. The investigations throughout the department of justice to bring forth accountability and transparency and policing is deeply concerning. In the absence of federal leadership, the Leadership Conference Education Fund launched the new era public era of Public Safety initiative, comprehensive guide and toolkit outlining proposals to build trust between communities and Police Departments, restore confidence, and imagine a new paradigm of Public Safety. While much of these changes must happen at the state and local level, success is going to require the leadership, support, and commitment of the federal government, including congress. Last week, the Leadership Conference in more than 400 civil rights organizations sent a letter to congress to move us forward on a path of true accountability. The recommendations included the following one, create a national necessary standard on these of force. Racial profiling and data collection. Three, end the use of chokeholds and other restraint maneuvers. Four, end the militarization of policing. Five, prohibit the use of no knock warrants, especially in drug cases. Six, strengthen federal account accountability systems and increase the Justice Departments authority to prosecute officers that engage in misconduct. Seven, create a national Police Misconduct registry. And eight, end qualified unity. The act introduced by both house of representatives and the senate reflects much of this accountability framework. This is congresss most comprehensive effort in decades substantially address Police Misconduct by taking on issues that are critical, affecting black and brown communities. As the bill advances toward passage, we will continue to work on it and ensure real change is achieved. Let me say in closing that policing reform alone is not going to solve a crisis that we are in today. This moment of reckoning requires leaders together with communities to envision new paradigm of Public Safety that respect for human rights of all people. That respects the human rights of all people. That means not just changing policing practices and culture, but ultimately shrinking the footprint of the criminal legal system and black and brown peoples lives. And it means shifting our approach to Public Safety from exclusively focusing on criminalization and policing toward adjustments in education, health care, and other public benefits. Police chiefs and officers talk about the same thing. This approach will not only for their equity but also constitute effective policy. When we stop using criminal Justice Policy is social policy, as social policy, we will make communities safer and more prosperous. Now is the time for congress to pass lasting accountability measures, and we look forward to working with you until the day these reforms are signed into law. George floyds death has impacted the world, and now it is on us to change it. Thank you. Chair nadler thank you very much. Without objection, at the request of the Ranking Member, i will now recognize the distant the distinguished minority leader of the house for a brief introduction of his constituent, our next witness, Angela Underwood jacobs. Thank you for convening this very important hearing. Mr. Floyd, thank you for your powerful words. I will make one promise to you, your brother will not have died in vain. Im here to introduce Angela Underwood jacobs. Her husband, michael, and her daughter, trinity. More importantly, im here to listen to them and all of you. I know angela, and i am proud to call her a friend. She is a mother, a businesswoman, and the first black woman to become a city councilmember in lancaster, california. Angela is here to testify because her brother, Dave Patrick Underwood, he was tragically and senselessly murdered in the line of duty two weeks ago in oakland. We mourn and pray for angela and the entire underwood and floyd family. As a member of the federal protective service, pat was guarding the federal courthouse. A symbol of equal justice and the rule of law. During the riots in oakland on the night of his death, it appears his death was part of a targeted attack on federal Law Enforcement. We pray that justice comes swiftly and completely for pat, for george floyd, and all victims of violence. Pat underwood should be alive today. George floyd should be alive today. David dern should be alive today. And so should countless others. And though we cannot bring them back, we can learn from their lives and deliver the justice and change they deserve. I hope that every member of this committee will listen closely and carefully to what angela has to say. Our nation must listen, and it must heal. Like dr. King, we must reconcile our differences with a renewed sense of love and compassion. Like president lincoln, we must remember that we are not enemies that we are not enemies, but we are friends. Friends that have a responsibility to rise above. To make sure that we will become the more Perfect Union we strive to be. And i hope at this moment in time, we rise to the occasion. I yield back. Chair nadler thank you, mr. Mccarthy. Ms. Underwood jacobs, you may begin. Ms. Underwood jacobs i truly appreciate the opportunity to be here today. As a nation, as a people, we must come together to defeat fear, hate, prejudice, and violence. I want to ensure the memory of my brother, patrick, is a catalyst against injustice, intolerance, and violence of any kind. I want to honor my brother, Dave Patrick Underwood, and our family, and help our nation think about how to navigate the righteous path to equality, freedom, and nonviolent systemic change. I want to extend my sympathies and condolences to George Floyds family. Mr. Floyds murder was just not cruel and reprehensible, but criminal. The officers involved should be brought to justice and held accountable for their actions as well as their inaction. I wish that same justice for my brother, patrick, who served with distinction and honor as a federal officer for the department of Homeland Security until he was murdered anonymously by blind violence on the steps of the federal courthouse in oakland, california. As he took his last breath, on the cold, hard cement after being shot multiple times, he died. Fear, hatred, ignorance, and blind violence snatched the life of my brother, patrick, from all of us. Dr. Martin luther king jr. Preached, always avoid violence. If you succumb to the temptation of using violence in your struggle, unborn generations will be recipients of a long and desolate night of bitterness. And your chief legacy to the future will be an endless reign of meaningless chaos. I have spoken to many people across this country, in fact, across the world, regarding what is going on in america. America is in pain, and she is crying. Can you hear her . I am here to seek justice to the chaos for my brother patrick, through the chaos for my brother patrick, for george floyd, for citizens of all colors, for communities across america, and for the Police Officers that protect those communities and their citizens every day. The actions of a few are dividing us as a nation at a time when we should be coming together and uniting for the wellbeing of all people. We will never solve injustice we will never solve generational, systemic injustice with looting, burning, destruction of property, and killing in the name of justice. We must find lawful, Peaceful Solutions that uplift and benefit everyone. And this, this is greater than a black, white, or blue issue. It is a humanity issue. When those in a position of authority choose to abuse their power, that is the very definition of oppression. And when innocent people are harmed in the name of justice, no one prevails. We all lose. Everyone deserves the opportunity to feel heard, be seen, and feel safe. Police brutality of any kind must not be condoned. However, it is blatantly wrong to create an excuse of out of discrimination and disparity to loot and burn our communities, to kill our officers of the law. It is a ridiculous solution to proclaim Defunding Police departments is the solution to Police Brutality and discrimination. Because it is not a solution. It gets us nowhere as a nation. It removes a safety net of protection that every citizen deserves. There is a path to achieving what we desire and deserve as a nation and as a people. Equality, fairness, justice, peace, and freedom from oppression. It is the same path we started on during the civil rights movement. The solution to our nations ills are straightforward. Education. We need to actually invest in education again and make it our nations top priority. Through education comes knowledge. Through knowledge comes understanding. And through understanding comes opportunity and freedom. Jobs. If there isnt any chance of making a decent living, there isnt any chance of having a decent, just society. We need to create more jobs that in turn will create more Economic Justice for all americans. Housing. There is no way to live a decent life if you cant find, or in americas case, afford shelter. We need to listen and learn from each other. It is time for everyone to open their ears and listen to what each other has to say. America is the worlds melting pot, because we have so many people, cultures, beliefs, and points of view. And somehow, we have become siloed. As a single voice in this chambers, attempting to honor my brother and family, i hope i can make a difference today. I want america to make a change. I want you, as our representatives in congress, to make a change so that no one ever has to wake up to the phone call that i received telling me that my brother was shot dead and murdered. How my brother died was wrong, and i am praying that we learn something about how he lived. Patrick was the type of man that when our mother fell to the ground as she was dying, he picked her lifeless body up as her spirit was leaving to place her upon her bed, because that is where she wanted to die. My question is, who will pick up patrick and carry his legacy . I believe this is the responsibility for all of us. Please, do not let my brother, name, go in vain. Patrick was a good man who only wanted to help others and keep his community safe. He had an infectious laugh and a corny sense of humor. He would go out of his way to help family, friends, and strangers. He did not deserve to die in such a horrendously inhumane way. No one does. Now, my family is in a state of hollow disarray. We all feel the anxiety of wondering what tomorrow may bring or may not bring, which has struck fear in our hearts. Nevertheless, i wholeheartedly urge us all, all americans, not to give in to hate and anger, but to resolve conflict with kindness and love, to lead with a sense of purpose and renewed energy, to create positive change as i have outlined here through education, jobs, housing, and listening. Pat did not tell anyone how to live, but he lived. And what an amazing life it was. I will never forget the way my brother smiled, and the way he loved his family with every piece of his heart. My wish is for us to live, and live without fear and discrimination. Do not simply tolerate your neighbor, but strive to understand one another. We will be a better, more just society for all. Thank you. Chair nadler thank you. Serves as thess chief of the Houston Police department and also served as president of the major cities Chiefs Association. Chief, you may begin. Thank you, chairman. [indiscernible] chairman nadler, Ranking Member jordan, and members of the committee, thank you for the opportunity to participate. Participate virtually in todays hearing. Its good to be with you and especially my congresswoman. I want to thank congresswoman Sheila Jackson lee and congresswoman bass for their leadership. Please know we support the intent of the justice in policing act and we look forward to working with the committee. You as the chief of police in houston texas. It is also my privilege to testify on behalf of the Major City Chiefs Association as their president. No matter the circumstance, every time a life is taken, he loved one is taken. A loved one is taken. George floyd was a child of god and raised in houston. His death was deeply disturbing and a shock to the conscience. Over the past few days, i have had the opportunity to meet with the floyd family, and i will continue to keep them in prayer. Mr. Floyd, thank you to you and your family for allowing us to join you in this journey. You on your brothers journey at home. There is no denying that changes in policing must be made. Out of crisis comes opportunity. And this is an opportunity for all of us to have tough conversations to listen, learn, and enact meaningful reform that is long overdue. As a profession, we must learn what is being shared with us, that includes being honest about our history. We must acknowledge Law Enforcements past contains institutional racism, injustices, and brutality. We must acknowledge policing has had a disparate treatment and impact on disenfranchised communities, especially those of color and poor communities. Several topics have risen to the forefront, and all reforms must be vetted to ensure they are sustainable, effective, and have no unintended consequences. Law enforcement plays an important role. No two calls for service are the same. In houston, we respond to an average of 1. 2 million calls for service annually. Those calls disproportionately originate from communities of color. If we are going to talk about better policing, we need to talk about the root causes behind the needs for service. Some think defunding the police is the answer. Im here to tell you on behalf of our mayor and other mayors across the country and Police Across the country, and the Diverse Communities we serve, this is simply not the answer. Defunding the police without addressing the socioeconomic reality faced by poor communities in the disenfranchised and how they are riddled with missteps, which would increase the need for police services. History has shown that underfunding the police can have disastrous consequences and hurt those most in need of our services. Appropriate Police Funding is critical to ensure agencies have resources to invest in Technology Like body worn cameras, recruit qualified Police Officers that are service minded, and train an implicit bias, competency, deescalation, and other critical training. The overwhelming majority of cops are good people. This cannot be lost. They are faithful, Public Servants who put their uniform on every day willing to make the ultimate sacrifice. We cant let the actions of bad cops let us lose sight of the fact that most cops are good. We must all judge each other through the prism and content of our hearts and actions, and not individual hearts and actions, and not through the prism of color and uniform we wear. While there is no national use of force standard in previous efforts at establishing one, several components are ubiquitous throughout the u. S. Prioritization of the sanctity of life, duty to intervene, and the use of deescalation tactics and techniques is a must. Let me be clear. The actions of the four officers involved of the death of mr. Floyd are inconsistent, unjustified, and repulsive. They are contrary to the protocols of policing profession and they sabotage the Law Enforcement communitys tireless effort to build trust. Moving our profession forward begins with a sustained commitment to accountability from the start of academy training. Recruits must understand they have an absolute duty to put Public Safety, service, and security first. In the Houston Police department, we instill in our men and women that certainty that policy violations will lead violations regarding truthfulness will lead to termination, or as we put it, if you live, you die. If you lie, you die. Every chiefs administrative authorities are different across the nation and not everyone has the Legal Authority to take immediate action like our chief did. There have been errors in history where police found it difficult to speak up but we are speaking up today. Officers have consistently been holding each other accountable for many years, and Police Complaints originate mostly from within agencies, not members of the communities. Communities have an absolute responsibility, as well. We ask citizens to report Police Misconduct without ale. Without fail. This will afford us the opportunity to investigate, track, and report those complaints. We have to address the issue of officers who have been terminated with cause only to get rehired by another department. Many of us refer to these individuals as gypsy cops. Many gypsy cops have exhibited trouble behavior and that in turn undermines efforts to build trust with the public and efforts in terms of internal department accountability. Mutual trust and respect between Law Enforcement and the public is crucial to the policing, the civil unrest occurring throughout our nation, and through the entire country. It is a sobering reminder of how quickly we will lose public trust and the consequences of that fact. Ensuring the department looks more like the communities we serve helps build trust and confidence. Unique perspectives and insights help the department lead and serve the communities of color. Im happy to report that the Chiefs Association has several departments now that our minority majority, like houston, and the Houston Police department, are reflective of the communities we serve. On behalf of the major city chiefs, i want america to know that we hear you, we will continue to do everything in our power to facilitate your right to peacefully protest. The mcca will not shy away from this challenge and will continue to be a leader and voice in the National Discourse in policing and reform. To the floyd family and the activists across the nation, our commitment is to be your voice, to join you, and to make sure mr. Floyds death was not in thing. In vain. I yield the remainder of my time and look forward to any questions the committee might have. Rep. Nadler thank you, chief. The next witness is she received her jd from new york Diversity School of law and the a vassar college. You may begin. Good morning. My name is Sherrilyn Ifill and im the president and director of the council naacp Legal Defense and educational fund. Civil right Legal Organization the nations oldest civil rights Legal Organization. I want to thank chairman that there, Ranking Member jordan, want to salute the leadership of representative staff and the Congressional Black Caucus on this issue. I want to extend, on behalf of the Legal Defense fund my condolences to the floyd family, and thank them for their courage and voice at this important moment. We welcome the justice in policing act as the first step of addressing this policing reform. The legislation includes reforms campaigns that advocated for years to ensure rater accountability for Police Officers engaging in misconduct and brutality. Members of congress incorporate the number of [inaudible] which is a step in the right direction to ensure Police Responsibility nationwide. I want to bring the attention to the significance of this moment and the importance of the federal governments role. You are in a civil rights moment. In a civil rights moment. , 964 harlem, minneapolis, and scores of other cities. [inaudible] it was during that. Of unrest that dr. Martin luther king spoke. Of unrestthat night that dr. Martin luther king spoke. Recommendations focus on Law Enforcement presence and conduct. This period overlapped the years most people think of as civil rights movements when federal legislation was demanded for segregation, voter suppression, and economic injustice. The results were statutes and in northerne unrest cities, and over 100 cities during that decade, there was no legislation to address the issue of Police Brutality in africanamerican communities. As a result, little has changed since that period as it relates to this issue. Canmany officers feel they commit the most heinous acts against africanamericans without accountability. Ranking member jordan said the killing of george floyd will face killer of george floyd will face justice but those who have killed others, eric garner, michael stewart, sean bell, and countless others never were held accountable for the crimes they committed. Is the snapshot of the officer kneeling on george floyd and no fear should shame every member of this body. Every judge, lawyer, everyone who has participated in the patch away in the perpetuation of the system that allows officers of the state to take innocent lives in the community. You have the chance now to change that. One of the key parts of the system of impunity has been followed by that that shields officers it now provides near immunity for Police Officers to a age and constitutional acts of violence. In 2018, United States Supreme Court appeal a decision for the 11th circuit that affirms free judgment in favor of a law. Nforcement officer the u. S. Court denied the position. This is not a oneoff. Are cases inhere which Law Enforcement officers disregard accountability for immunity defense. The justice and policing act will amend the civil rights [inaudible] welcome this amendment. We want it to apply to all civil suits that are pending or filed after the enactment of the act and we will work toward the elimination. There is bipartisan support for ending qualified immunity. From a federal Circuit Court judge and the Circuit Court of appeals, it was written by the first proposedas by george w. Bush. Says, in martinsburg, as henry floyd said, when jones was killed one year after [inaudible] askedyears later, we are to decide whether it was clearly established that five officers could not shoot a man 22 times as he lay motionless on the ground. Before the inca dried, ink fbid, the opened an investigation into the death of george floyd in minneapolis. This has to stop. Which we cannot accept. This decision represents a minority of cases, so we need congress to act. You are required to meet this civil rights moment. A moment in which he we have a chance to transform Public Safety, to recognize most Community Conflicts do not ,equire an armed officer [inaudible] health, as the true Public Safety for all. Thank you. Rep. Nadler thank you. Our next witness is darrell scott, the founder and Senior Pastor of the new spirit revival to nominal church in cleveland heights, ohio. He is also the author of the book nothing to lose, unlikely allies in the struggle for better black america. Pastor scott, you may begin. Chairman nadler, members of the committee, Ranking Member jordan, thank you or inviting me. To participate in these serious hearings today. I want to begin by stating the prospect of defunding and or dismantling Police Forces across the country is one of the most unwise, irresponsible proposals by american politicians in our nations history, and makes absolutely no sense at all. At least to me. I believe it is nothing short of politicizing current social events in an effort to garner votes during this election season. I also believe it is a reactionary measure that can and will result in short and american damage to society, particularly in our inner cities and urban communities. I recognize the fact the elimination of excessive wars and physical react out Excessive Force and physical retaliation against american scissors and american citizens is essential today. The harsh treatment of minorities is a real reality that must be eliminated immediately. Times in my testify life where i felt racially profiled by police. I can testify of times in my life where i was pulled over for driving while black. I can testify giving my grandson, who is now driving age, the talk of how to properly behave if old over by police, because he had the question of a very real fear of the possibility of death at the hands of police. In fact, my very first interaction with police when i was 13 years old resulted in me being rubbed up roughed up. I could have easily have been george floyd. He could have easily been me, my brothers, my friends, or any number of any other black men in america. However, i do not recommend throwing the baby out with the bathwater by labeling all Police Officers as bad cops simply because of the bad actions of a rogue segment of those whose job is supposed to be to protect and serve american citizens. In fact, in certain innercity communities across america, increased funding for police and increased Police President Police Presence is necessary to enforce the law and guarantee the safety and security of lawabiding members of those communities. In thisho is formally street life years ago, i might be a pastor but i didnt come down from heaven. I came up out of hell with the rest of everybody else. I was formally in that street life and i know much about the middle element, and i can state definitively that the criminal element in and of society will enjoy Nothing Better than the reduction in Police Presence and police power. It will allow those with criminal intentions and criminal actions to flourish virtually unchallenged in the communities of america. The lawabiding members of society would directly threatened by the absence of police or inability of police to respond to criminal activities, and in many cases, endeavor to take the law into their own hands to ensure their safety and wellbeing as evidence by the response of some who decided to defend themselves and property from vandalism. An absence of Police Presence could give riots acts of domestic terrorism, mob rule, gang rule, neighborhood intimidation, oppression, and vigilante is him. Defunding a police vigilantism. Defunding a Police Apartments have happened in the number of cities and rather than remedying problems, it has made things worse. Cleveland is a prime example. In2004, the city of people theyd up 285 officers. The entire Police Budget was slashed by 31 . Services, the following units were either disbanded or cut forever. The district strikeforce units, the narcotics unit was completely cut, swat was downsized, the fugitive unit was disbanded, the intelligence the was cut to barebones, aviation units was down completely for three years and is now only utilized ring special events, harbor unit was disabled, both rotting in a drydock. The Scientific Investigation unit was cut 80 . All the lab techs were let go. All evidence collection is done by priority. Abuse Resistance Education Program was cuts, Community Policing was cut, 45 . Cleveland went a decadelong sawsizing with saw which the 1900 officers down to 1500 officers on average. Coverage that affect citizens has been cut. Police presence in any given district or shift has been cut in half. One and two men units have been cut in half. Response time is dramatically longer. If the police show up at all. The murder rates have climbed. The property crime is at record levels. Aggravated robbery statistics are higher. Drug use and drug sales and abuse is higher. Cleveland went from a relatively safe city per capita to an unbelievably unsafe city. Because of service have increased even though the population has dropped significantly over the last 20 years. Once safe areas of the cities are now unsafe. Once nice neighborhoods in the city are now not nice. Homicides are up 55 in cleveland from this time last year, and cleveland now has a higher murder rate per 100,000 residents than chicago does. I believe the Police Departments are only as effective as politicians, and their appointees allow them to be. Politicians end appointees are responsible for the state of their Police Departments. , and iveg citizens spoken to a great deal of them, overwhelmingly think defunding or disbanding Police Departments is a horrible idea. Community policing is a viable option to address the needs of innercity communities. Having police in the communities to get to know the residents is the best way to obtain the results we all want. When i was growing up, the residents and Business Owners knew the Police Officers that were assigned to our neighborhoods, and their presence was a deterrent to criminal activity. In short, defunding of Police Departments in america has already happened, and proven to be an epic fail. We cannot allow their paradigm to continue if we want the neighborhoods of america to safe to live in, the streets of america to be safe for residents to walk on, and communities of america conducive for businesses to thrive in. I recommend and agree with the fact that Police Reform, or better yet, police revisions should be enacted. But it has to be one sensitive to the stress, tension, pressure, and paranoia policing produces. The fact that on any given day, any given call, stop, can result in an officers death and be very challenging mentally. While also being sensitive to the citizens of america who are supposed to be protected by the police and not to be enemies of the police, whether in the suburbs or inner cities, whether we are black, white, red, yellow, or brown. I believe most Police Officers most badir careers cops began their careers as good cops, but they allowed the rigors of their job to affect their perspectives and social interaction with those they are supposed to protect and began perceiving those they are supposed to protect as those they themselves need to be protected from. I am in agreement. I endorse lease reform, but it has to be sensitive to both sides of that issue. Thank you for allowing me. I bless you. Rep. Nadler thank you. Before i call the next witness, i remind witnesses to turn off the mikes when they are not speaking. Turn them on when you are speaking. Please. Our next witness is mr. Paul butler, a professor at Georgetown University law center , where he specializes in criminal law and race relations. The professor is the offer of the book lets get free, hiphop erie of justice and chokehold, policing a blackman. Black men. Mr. Butler, you may begin. Chairman nadler and Ranking Member jordan, honorable members of the committee, thank you for this opportunity to testify. Floyd, im so sorry for your loss. Memory of your brothers be a blessing to people all over the country and world who are rising up in what Martin Luther king called the beautiful struggle for east four four equal justice. There has been not not one moment in American History for peace black people have endured jim crow segregation, being shut out of Social Security and the g. I. Bill, massive resistance took school december to school desegregation, nonstop efforts to prevent us from voting and poison our water. The rare times black people have set aside traditional several rights strategies and have risen in the streets, destroyed property, and resisted symbols been because of something the police have done. In 65, miami 1980, l. A. 1992, ferguson 2015. Minneapolis in 2020. All of those cities went up in flames because the Police Killed another black male. Unlawful violence is Never Acceptable either as a misguided roach of a refute or as a an abuse of power we put in law enforcing officers. The main problem is not bad apple cops. Officers have difficult jobs and many serve with honor and valor. Still, almost every objective investigation of the Police Departments find police, as policy, treat africanamericans with contempt. The police kill, wound, pepper spray, beat up, detained, frisk, handcuffed, and use dogs against black people in circumstances in which they would not do the same to white people. When armed agents of the state are harming american citizens in our name, we the people must ask why. In the past two weeks, we have seen act of race and every by Police Officers. In new york, they took a knee. In houston, the chief arranged for an honor guard to accompany mr. Floyds body when he came home. We have also witnessed these past two weeks, Police Officers committing deplorable acts of violence against the citizens they are sworn to serve and protect. Strolledrk, officers two large Police Vehicles into a crowd of protesters. In atlanta, officers broke the window of a car, dragged out two college students, and shot them with a stun gun in buffalo. A Police Officer knocked a 75yearold man to the ground. What happened next was just as bad. The two officers were disciplined the criminal conduct and 57 other officers quit in protest. President obamas task force described the warrior mentality present into many officers. The nations warriors on steroids. Icanamerican and thecanamericans are 60 of people cops use violence against. The result is that there are more black people than the in the criminal legal system today than there were slaves in 1850. I told a potential young man i told a young man i would mentor to wear a mask but he wanted to me to know as a young black man, he has a greater risk of dying from the police virus rather than the coronavirus. One in 1000 africanamerican boys will be killed by the police. What africanamericans need to realize, equal justice under the law, is for selective emplacement selective enforcement. We need the police to stop killing us, stop beating us up, stop arresting us in situations in which they do those things to white people would not do those things to white people. This act is common sense reform. Among other things, it requires cops to be trained on understanding racial bias. In minneapolis, there are three officers that crushed the life out of mr. Lloyd and another served as a lookout. Someone said to the cops, he is human, bro. But these four humans did not treat him like a human being. Too often, police enforce the dehumanization of police of color. Le of understanding racism in the United States will make our men and women in blue more effective officers. In the end, this is about the legitimacy and sustainability of our democracy. No justice, no peace is not a threat. It is a description of how the world work. The multiracial, multi generational demonstration have risen up all over the United States, reflecting the wonderful diversity of our great nation and the potential ordinary citizens to make our country live up to its highest ideals. Heraldsice and policing the urgency of transformation and promise for all americans of equal justice under the law. Rep. Nadler thank you, mr. Butler. Our next witness is benjamin crump. The principal owner of ben crump law. He is representing George Floyds family. Mr. Crump received his ba from Florida State university. You may begin. Thank you, chairman nadler. And distinguished members of the committee. I know all the speakers have five minutes to speak, but i wish it was eight minutes and 46 seconds, not as a symbolic gesture, but as an actual exact time reference of how long george floyd literally begged. Documentary of his death, begging for his life. , saying saying he cant breathe and calling for his mama. This has mobilized americans to demand a more just system of policing. Obviousecome painfully thats what we have right one for white americans and another for black americans. Is one in a long line of luck americans, unjustly, are killed at the hands of police at thegeorges case, knee of the Police Including breonna taylor, pamela, rice,garner, tamir philando castile. On, but ites on and is important we remember their names. We revise thee role of police to become peacekeepers and community partners. Prepared, they must be to protect themselves and the public in direct, lifethreatening situations, but these should be the exception and not the rule. What we are witnessing throughout our country is not that. Americans are being tear gassed in the streets, hit with rubber bullets, shoved violently to the ground cracking their skulls against the pavement, beat bloody with batons and for what . For demanding justice for black americans. Our rights are under attack in the broad daylight. Policeg the behavior of and their relationships with people of color starts at the top. Standard forional policing behavior built upon transparency and accountability. The only reason we know what happened to george floyd is because it was captured on video. Evidence isf video bringing into the light what long was hidden. Black americans have known for a long, long time that it is dangerous for a black person to have an encounter with a Police Officer. That haveincidents led to this moment in time it should be mandatory for Police Officers to wear body cams and should be considered obstruction of justice to turn them off. Recorder in a replace body cams competing narratives with a ofgle narrative, the truth what we see with our own eyes. Insist Police Officers only use the level of force needed on the level of threat actually posed by the circumstances. Many blackn way too people shot in the back or on armed black people shot and killed or handcuffed black man face down on the pavement is with a knee in his neck. Restraint was used by Minnesota Police more than 200 times resulting in suspects losing consciousness at least 44 times. Make restraints like chokehold and stranglehold outlawed. Finally, reform how qualified immunity applies to Police Officers. If officers know they have immunity, they act with impunity. If officers know they can unjustly take the life of a black person with no accountability, they will continue to do so. Eyesis what you saw in the of Derek Chauvin with his hand casually tucked into his pocket as he extinguished the life of george floyd. Accountability requires that officers face public consequences for unjustly taking a life or brutalizing a fellow american that they are sworn to protect and serve. Officers arey silent in the face of evil because of the blue shield. The brotherhood of Police Officers, which fosters butematic racism and abuse, there is a higher brotherhood that god calls us to honor. The brotherhood of mankind, black and white. That is what we are witnessing in that diverse protesters filling our streets today. That is the brotherhood our Police Officers must honor above all. The Founding Fathers knew they had not built a infallible butem, a faultlessly union, they did task us with the perpetual duty to aim for it, a more Perfect Union of justice, liberty, resilience, hope, and compassion. And we musto better strive to live up to those american ideals. We are better than this. Chairman, members of the committee, you have the power to make this moment in history the us havepoint so many of been waiting for, fighting for, and pray for. Power to make sure George Floyds death is not in vain. I have been asking for us to take a breath. Number one, the breath that george floyd was denied. Second, take a breath to consider how we use police in our society and how we hold them accountable for the tremendous power we place in their hands. Breath to consider how we create a more Perfect Union that extends equal protection and equal justice to people of color. Finally, take a breath for because his life mattered and black lives matter. I thank you, chairman. Thank you. Chair of thethe National Organization of black Law Enforcement executives. He directed the offices of communication and policing services at the u. S. Department of justice. In 2014 he was appointed executive director of the task force on 21st century policing. He completed the Senior Executive state and local Government Program at Harvard School of government. Mr. Davis, you may begin. Thank you, mr. Chairman and good morning. I come on behalf of nobl and thank you for letting us testify today. For 30 as the director years and a Police Officer of 20 nobl i do want to say condemns the heinous killing of mr. Floyd and offer our condolences to his family. I want to thank mr. Floyd this morning for his testimony. Chairman, we know the death of mr. Floyd was just one in a long list of tragedies. We know that many police in this country are honorable men and women, but it also has a lot of bad apples. Acknowledge that the blem we still suffer from racism and system inefficiencies. Bad cops and racist cops cannot use impunity. Most of these determine how we please, where he police, and they were actually constructed to enforce jim crow and other discriminatory practices. This committee should acknowledge that our policing systems are not broken. They are doing what they were designed to do. To understand this hard truth is to recognize the system cannot be reformed, it must be reconstructed. It also means the demand for Police Reform should not require a indictment against all police. In fact, it is our hope our brothers and sisters who wear the badge will not only embrace this moment, but join the movement and become a part of the change. We have seen chiefs and officers walk with crowds and take any and that is great. E that is great. The first step in reconstructing a new system is accountability and trust with communities. This was the core charge president obama gave the task force on 21st century policing. In 2015 they provided recommendations to advance this. Unfortunately, the Trump Administration not only tossed the report away he retreated backwards to the socalled law and order days. Abandon that oftoric, abandon the idea law and order, and enhance Public Safety and assure justice for all. We need to support the federal government to advance the recommendations from president obamas task force and take immediate action. Bulletsrt the eight already given. We need to resend them, so the artment of Just Department Justice Department can look at that. We should restore programs that allow Police Departments to do voluntary reviews so they can identify structural inefficiencies. We believe all agencies should obtain some kind of accreditation before receiving federal funds. We also need the federal governments help in supporting local and state efforts. Doj absence of this the state of california passed Assembly Bill 392, the most comprehensive use of force reform bill. Governor newsom also ordered the state to stop using the carotid chokehold and made clear he would support legislation that som supported that technique. In illinois the attorney general use the office to negotiate with the city of chicago to adopt the most comprehensive consent agreement in history. In california, the attorney general used his office to conduct a pattern of practice investigation, provide organizational assessments, and use of force reviews. In minnesota the attorney used their office to convene a task force, a working group of diverse people, to address the issue of police encounters. Unfortunately, the Group Released the report weeks after george floyd was killed. It was too late to impact that tragedy, but it provides a roadmap for minnesota as it moves forward. These are activities thank you, mr. Davis. These are sorely needed if we address Police Reform. Andones i just mentioned the ones that you have heard today are all contained in the justice and policing act and we appreciate congressman bass, yourself, and the cosponsors for introducing this comprehensive bill and we look forward to working with this body as you move the bill forward. Thank you, thank you, thank you. [gavel banging] i asked my colleagues to follow. We should start the reimagining policing process. The first step is to publicly acknowledge the historical and occurt Police Abuses that in impact the committee of color. [gavel banging] we can start our reconciliation. Acceptance of changing the police culture. Three, we give time for Police Officers to reaffirm the constitution and Core Principles of our democracy. I say that because we need to oath iseople that the to the constitution and our democracy. Four, collaborate with communities to redefine policing including the development of reinvestment strategies that relies less on police and more in safety programs. [gavel banging] we need to address the social programs and communitybased grams that go to the core mr. Davis, your time has expired. Thank you for your testimony. Your time has expired. The next witness is daniel bongino. Daniel has served with the new york Police Department a United States secret service. He is a bestselling author and host of the dan bongino show. Nba ma and ba from the university of new york. I deeply appreciate the opportunity to speak on this critical issue. Lossdeeply sorry for your and i hope you take solace in the justice we praise to come. It was a tough video to watch for all of us. Police officer Dan Osullivan was a friend of mine. We went to the academy together and we lost touch when we graduated. We were assigned to separate precincts in different areas of new york. Dan and i were briefly reunited in 1998. It was not a joyous occasion. I was reunited with dan in the hospital in queens where he was hospitalized with devastating injuries after pulling over, offduty, to assist a driver and a critical emergency situation. He was hurt badly. Dan was the very essence of a public servant. He always put himself last while putting his commitment to the safety of the public he pledged to serve first. That was the dan i knew. My plan of the nypd and United States secret service i had the honor and privilege of working with agents and Police Officers who commit themselves to a higher cause. Just like dan, i met so many committed Public Servants that i cannot even recall all of their names. These are good men and women. Yes, with any professions there are officers, no question, more suited for the job. Some will cause trouble and sometimes worse. We have seen that. In my experience this is rare. Withpecial agents i work and remain friends with, the nypd, new York City Fire department, on that tragic day of september 11, 2001 they sprinted into those buildings and escorted people out. We all know those buildings collapsed and taking many of those nypd souls with them. Those brave souls running into the buildings and everyone else was evacuating. These are the types of people i was honored and privileged to work with. Public safety came first. Everything else can second. Sometimes even their own families. Two defund the police would target these people. This is not some amorphous mass, these are real heroes, in real time, right now. Removing these heroes from your community in my community will do nothing but ensure chaos and destruction. Police officers are the frontlines, putting themselves en the evildoers and americans. We can and should commit to accountability, but we do not need to shred the wall. There are a few jobs in the country as stressful as policing. I received a email or text if you times of year notify me of the death of a Police Officer i knew, work with, or had worked with. Think about that for a minute. God for bid you found out a coworker of yours was killed in the course of doing their job. You just get a text. You got this a couple of times a year. That is policing. That is what they do. They risk their own lives for yours. I will say in closing i spoke at a event years ago and a spouse of one of these heroes said this. The most wonderful sound in the world for the spouse of a Police Officer is the sound of velcro at night. That is how a Police Officers body armor is secure to their body and when that comes off and a sound echoes in their ears, the families of these heroes know they are finally home safely. I ask you with the greatest of respect and humility, please stop the defund the police abomination before somebody gets hurt. Thank you for your time. Thank you, mr. Bongino. The next witness is phillip goff. He is the cofounder and president of the center for policing equity. He also serves as the inaugural franklin a thomas professor at John Jay College of criminal professionals. Ba from harvard university. You may begin. Nadler, you, chairman Ranking Member jordan, members of the judiciary committee. I say that we mourn with you and mr. Floyd, i want to thank you for giving your witness in front of this body. I offer my condolences that major presence necessary in your words have moved a nation that was already mourning with you. It is my honor to be here to provide testimony on policing practices and accountability. Behavioralnd is in sciences. I was a witness for the president s task force of 21st century policing. We issued a consensus report of proactive policing is one of three leads to build Community Trust and justice. I am best known for my work the center for policing equity. My testimony today is in that capacity. The largest collection of police behavioral data in the world with focus on combining police behavioral data, psychological surveys, and that from the u. S. Census to estimate not only racial disparities, but to stop the use of force. A proportion of those of which Law Enforcement are responsible and could do something about. Havee to say that what we seen on the streets in the United States in the past two weeks nearly defies description. Some have called it massive protests, others have called a riot, others have called a revolution. Im confident that what we have seen has been larger than the incident that sparked collective outrage and is still tearing at the fabric of our democracy. Griefeven larger than our at the brutal extension of the thousandsn that have killed by police. That has not changed since newspapers began cataloguing them in 2015. What we are seeing is a past due notice for the unpaid debt of black people for 400 plus years but the response to this moment are not we will pay it with interest again and again. Turning to the complex issue of police or form i think congressman bass to put forward accountable. Police the policing active 2020 would ban neck restraint and create registry of Police Misconduct. I want to focus on what science says about bias and policing. I feel this is important to set a baseline especially with the false information circulating in the media, given the vacuum in the ecosystem of this area. First, there is no doubt black, late of, and latino people in this country have more contact with Law Enforcement than white people. There is relative agreement that where there are fewer public services, fewer drug treatment, Mental Health programs, Law Enforcement has more contact. Bias is evidence of racial in who was contacted by police and who is targeted. However, it is also the case that clearly not all disparities we see are from Police Policy or behavior. It is some, but not all. Given this understanding of bias policing what are we to do . We have heard the most recent debate between institutional reform and defunding the police. While there is no Quantitative Research literature on abolishing policing i have reason to believe many within black communities are not aligned with this vision. Historical and polling shows the black communities support less bias and less deadly Law Enforcement more than eliminating it. With the mood of the nation changing so quickly so too make these attitudes. The idea that a path forward allows Police Budgets to invest black amenities, the process must be led by evidence. Evidence about what works in policing and communities. Evidence about where cities can receive a higher return. Regardless, there is no need to wait for a decision on Police Budgets to invest in our most venerable communities. Whatever the country length of Police Budgets we can all agree the communities that have the resources to solve their problems and do not need to call the police in the first place are Safer Communities that are better equipped to realize the american dream. There is no reason to avoid this obvious truth and no reason not to act on it. Mentioned that justice in policing active 2020 contains the best reform package of the bills i have seen before this congress. Many of our partners thank you. Support many provisions especially the neck restraint and National Register of those who have been fired for misconduct. And they long overdue should be enacted immediately. Thank you. I want to emphasize the need for a National Registry of Police Officers. Thank you very much. It will increase transparency in the Publics Trust in Law Enforcement agencies. Doctors and lawyers and those tasked with protecting life and liberty, as officers have to do on the job every day, along with many other professions required to be licensed and data is shared across state lines by appropriate entities and inappropriate ways. Thank you, dr. Goff. Your fiveminute have expired. Our next witness is marc morial. He is the president and ceo of the National Urban league. He also served as mayor of new orleans from 1994 until 2002. A ba from the university of pennsylvania. Thank you. Bass, thankative you for your leadership on this issue. First, we at the National Urban league strongly support the passage of the justice and policing act. To mr. Floyd and underwood jacobs, i share our thoughts and prayers for you. Your courage is admirable. Thank you very much. And 1968, an 8 year. Over 2000 black people were lynched in the United States. These murders were turned into public spectacles with people being tortured, mutilated, and burned. In front of hundreds of spectators. In 1922 the United States house of representatives have the courage to pass a bill to make a lynching a federal crime. Supremacists in the United States Senate Filibuster that bill and blocked 200 attempts to pass that bill. A blockage which continues to this day in the United States senate. In 1922, the congress of the United States had demonstrated the courage to make lynching a federal crime . Peopley of those 4742 would not have died . We look at most recent totory and we see from 1954 , including the four little girls at that Birmingham Church in 1953. In 1964 andgress, 1965, this congress, with bipartisan majorities, courage of a seven president who had previously supported segregation andnstrated the courage conviction to pass the 1964 civil rights act, the 1965 Voting Rights act, and the 1968 fair housing act. Since 2013, when Trayvon Martin ,291killed in florida, 1 black people have been shot and killed by the police. Over 100 of them were unarmed. 2020, as we stand just six years away from the 250th anniversary of this nation , before the eyes of the world, george floyd was lynched on the streets of minneapolis, minnesota. Hungary tod, from new zealand to australia to to big cities, small towns, every village, every hamlet, every neighborhood inthis nation has risen up mainly peaceful protests to simply say enough is enough. And blackenough, lives matter. This justice in policing act represents a bold and clear step forward, but an opportunity. An opportunity at a historic time in American History. Nationsther this elected representatives will cries,e pain, hear the hear the suffering, hear the outrage, and realize this is not the time for a the minimus, back room washington political compromise. This is a moment for bold and courageous action. Where 20, 40,tion 60 years hence history will ask, your children will ask, your grandchildren will ask, where did you stand . Where did you stand . This is a moment not a politics. This is not a moment of black or white. This is a moment of morality. It is a moment of human decency. This act does a number of things. Practices that we all know have to be banned. Warrants, no knock racial profiling. It creates an accountability system. Something the system of the courts in both civil and criminal proceedings, and strengthens the hands of the Justice Department so we can do its job. It also suggests thank you, mayor. Let me say one last thing. I will go back to what i said earlier. I am asking this congress, this body, and the United States senate to recognize the gravity of this moment and the importance of this time, and to stand with the people of this nation to say enough is enough. Black lives matter. Thank you. From all theeard witnesses before the committee. The committee for now have a recess for 45 and as for lunch. As a matter of safety there will be no eating in this room. The committee will reconvene in 45 minutes. The committee is in recess. [crowd talking] this House Judiciary Committee hearing on Police Reform and racial profiling is taking a lunch break. [indiscernible]