Commission on civil rights issued a statement condemning last weekends violence in trouble its it proposed amendment to that statement condemning violence by counterprotesters was also supposed but voted down. This is one hour. On thelieve we have telephone, but i would like you commissioner. Are you present . Yes, i am. Thank you. I am having button trouble already. A quorum of the commissioners is present. The Court Reporter is present. The meeting now comes to order. We are here to propose the agenda for the meeting. I am going to ask for amendments. First, i would like to remove the discussion and vote on lgbtq employment report. Some commissioners have asked for additional time to review the report. Second, i would like to amend to add considerations for a statement entitled the u. S. Commission on civil rights condemns the administrations the lee terry ban on transgender individuals. I would like to also add a statement from. There any other part most are there any other proposed amendments . [indiscernible] madam chair, i would like to add two items. One, a statement on the reversal from the department of justice on the National Voting on the on thed to add a vote Administrative Instruction that i proposed and shared with the other commissioners. I would like to add a statement on charlottesville on behalf of the commission which has been circulated to the commissioners. Any other post amendments . There are no further amendments. All those in favor say aye. All those opposed . Any abstentions . The motion passes unanimously. First, we will discuss and vote on a discovery plan, outlined, briefing date and location for 2018 commission on Voting Rights. Now, we will have a discussion on the motion. I will start with a few amendments. My proposed amendments are to the discovery plan and outline adding ingots to specify that the report should look at section 208 of the Voting Rights act that states voters requiring assistance because of blindness, disability, or inability to read or write, may be given assistance by a person of the voters choice. Also, adding subsection d two number one. And the lettering the subs subsequent sections. That section with state participation by doj in claims under section 208 with one subsection identifying the United States versus brussels county, Southern District of texas, 2006 alleging that the votersfailed to allow with disability to have assistance of their choice. To 3a people with disabilities come up before with in the president ial election. To the outline, the following changes are proposed. After the chapter to section add examine trends in section 208. Disability access litigation. Second, voter turnout and registration. Adding and persons with disabilities. Third, in the second sub bullet of the same section, adding section 208. , ad claimsee under section 208 after the first two sub bullets. Do i have a second for these amendments . Second. Thank you. Any other points for discussion. Yes, madam chair, i have two. My proposed amendments are to the outline. The first one is under chapter two, under state actions after the shelby decision. Actions undertate , where it decision talks about automatic Voter Registration. I would simply like to add voting registration to make it clear that we are also looking at changes to Voter Registration processes. As you know, there have been several states that have made it much more difficult to register. I suspect that there may be problems there. , insecond change is under the same section, just to add a examplesat talks about of impasse to students of color i am notpting trying to expand it to cover all of the issues around student voting which are not covered by the Voting Rights act but simply where it istion that minority students are being targeted. Thank you. Are there any other proposed amendments for discussion . Madam chair i would like to thank the commissioners for their flexibility with respect of thisroposed date briefing. I have some International Travel that will keep me away from the originally contemplated date. I think we are now focused on february 2. I just wanted to thank the commissioners for that accommodation. Thank you. Any other discussion . I think again we may be getting into trouble with a too ambitious project here. That when we pass the requirement that the discovery plan be put before the commission, we had in mind something that was a bit more elaborate and detailed than this but on a smaller scaled project. I would like him in the future, for us to get back to a more focused question than what we have here. But i think the staff has done a good job with this so i will vote in favor of it. I appreciate the caution and the history about how we got here. Thank you. I will call the question and take a roll call vote. [roll call] the motion passes unanimously. And vote on discuss the briefing dates and locations in our two other briefings fiscal year 2018. I move we hold the School Discipline meeting on december 8 here in washington. And the hate crimes reefing on may 11. And the hate crimes briefing on may 11. Any discussions . Hearing none. I will take a roll call vote. [roll call] the motion passes unanimously. The amendedconsider business items beginning with the statement on charlottesville. I will turn it over to my colleague who will read the statements we know what we are voting on. Thank you. Commission on civil rights statement on charlottesville. The u. S. Commission on civil rights expresses its profound dismay over the violence and deadly events in charlottesville, virginia between august 11 and august 13, 2017 motivated by racial and religious intolerance. We join the nation in mourning the death of 32yearold heather heyer, who, along with many other injured people, was a victim of domestic terrorism motivated by a white supremacist ideology. She lives now in our National Memory as a martyr for racial and religious injustice. We also mourn the deaths of state trooper h. Jay cullen and crew berke bates. They also died in a tragic Helicopter Crash after they were just asked dispatched to monitor the violence in trouble itself. As americans, we are committed to the right to assemble peacefully but we condemn religious hatred, incitements, and violence. The events in charlottesville stand as another tragic and painful reminder that an ideology of racial and religious intolerance can lead, in an instance, to irretrievable acts of violence, death, and suffering. Nation, we have marched through legally sanctioned slavery, secession, civil war, terror,uction, kkk internment of japanese citizens, jim crow, and the civil rights era, in pursuit of equality. Progress has come only as a result of the courage of individuals, not all of whom are remembered as they should be. And with the resolve of our leaders and the people alike to stand for the rule of law, equal protection and human dignity. The United States, department of justice, the federal bureau of investigation, and appropriate virginia Law Enforcement officials, to bring any and all people responsible yer toe killing of ms. He justice. We urge the investigation of all other apparent crimes committed in charlottesville last weekend. Year of60th anniversary the United States civil rights commission, we all must grapple with the violence in charlottesville as a bracing wereder that the nations two in short equality is urgent and ongoing. White supremacy and religious is theynce is that demean america and americans. Name ofence in the these ideologies must be met swiftly and forcibly with condemnation and unwavering and unified response. Said therine e lehman every american deserves to live confident in the expectation that his and her equal dignity will be respected and receive protection from government. Gencies last weeks violence, driven by racial animus, degrades our nation and merits swift and comprehensive federal response. In america, we live by the rule of law. In law must prevail charlottesville, virginia. As in any city or town faced with similar violence. Sadly, we know that no law will bring back the fallen. We live by symbols and ms. Heather heyer stands as a symbol that our nation must not depart from the fight for human dignity. Her neighbor,f she lived her life like a path and it was one of justice. On behalf of the commission, we urge the nation to rededicate itself to walk that path. Thank you. Let us go to the floor for discussion. We did not have a motion. I have an amendment. I move that we adopt the statement. I move an amendment. That we add to the second paragraph, at the very end, the following sentence though we support peaceful protest, and note that most of the counterdemonstrators were byceful, we condemn violence anyone, including violence by socalled demonstrators. Antifascists they have been called that. This is a sentence that would go at the end of the second paragraph. Though we support peaceful protest, and note that most of the counterdemonstrators were peaceful, we condemn violence by anyone, including violence by fa demonstrators. Is this contemplated to make ,ore clear what the statement in fact, already captures by suggesting that the rule of law be applied . I think that the statement does not make it clear that there were protesters who were kkkamong the nazis, or the who we all condemn. But were coming at it from the opposite direction and were also violent. Understandcertainly motivation of the event i would like to express my sentiments regarding the statement as a whole. To supportecessary the statement, but i do not find it sufficient. If we were to put anything else in this statement, it should be a strong statement about the courage, andrship, moral authority of the president of the United States in dealing with this situation. A situation be where the president of the United States says that they are very fine people on both sides. There are no find people that are nazis, people in the vanguard movement. People who train every day to provoke a race war and try to do that. In charlottesville. Place for a be a president to do anything other than to, not just condemn what happened, but to put the full force of the office as president and the executive branch to prosecute those that came those that became violent. Violence is there ideology. Out, rooto dig them and branch, as we have had other president s and attorney generals do before in our history. This is really where i think the , but icould be would prefer to have a unanimous commission a unanimous statement from the commission. But i do not support the amendment to this that was if that is thee price of come on not going to pay it. We know how this happened. The way these people came, armed and ready to do violence and battle, because that is part of who they are. There are no very fine nazis. There are only people who are relitigate a moral cause that was defeated more than 70 years ago by the blood and treasure of this country and many other countries throughout the world. So, i would say that i will ipport the statement as is, will not support any changes to it. But i would point out that we as the commission should take to task the president who has providing aally in clear direction in leadership and moral center for this nation in the situation where kate became thehere hate motivator. This is not intolerance. Ideology of hatred towards people of color, towards lgbts, towards the jewish community. This was not religious intolerance. These are people that chanted slogans aimed at members of the jewish faith. Slogans aimed at people of the lgbt community. This was a good statement. I commend my fellow commissioners for putting it together. But i have to say that it could have gotten so much further. And given the fact that we have byar that has been set people such as senator bob corker and Mitch Mcconnell that has Strong Language condemning and questioning the leadership of this president , i just wish we could do the same. Vice chair . Commissioner herriot, i understand your statement and i erstand a little about why i am at a loss to understand why the first part of that paragraph does not generally cover your concern. It says as americans, we are committed to the right to assemble peaceably but we condemn ethnic and religious in violence. Ement, granted, that is a general statement, but i do not see why it doesnt cover your concern. We all write differently. I would not right at the same way, just as you probably wouldnt, but consider again, please, why that for statement would not cover it. I would think that is because when in context, the statement as written makes it very clear that we are condemning one side. Although i do not think it is appropriate to condemn both sides, because there were a lot of demonstrators, counterdemonstrators that were making the point that they should make which was that they are not going to stand for nazis and their views. There were some people on that side who were in fact violent. And i think that is important to point out. And the statement does not do so. I would oppose the amended language. First of all, i feel that it is covered in the fourth paragraph where it says we urge of authorities to use all available resources to investigate other apparent crimes including any federal or state hate crimes committed. Second of all, i feel very strongly that there is a lack of moral equivalency here. So, i have a problem because i excusing somehow it is thepeople who caused violence to begin with. Actually thate there were significant numbers of counterdemonstrators who were those who violent as were in fact in citing violence to begin with. So, i just oppose that. Sorry. An important moment for the nation and for this commission. Welcome the careful thoughts and thinking of all of the commissioners, many of whom have given input into this statement that we are trying to negotiate to a sure that we can, to the full extent possible, speak with a unified voice at a time when it seems that the circumstances in the country would reasonably have the expectation that they United States commission on civil rights, to the full extent possible, would speak with one clarion voice. I think that this statement does not condone violence in any way. Of any kind. And i think that is apparent from the language that we have negotiated and is on the page. I share the concern that we be falsel not to create equivalencies. It is one thing not to condone violence. And i think the best and highest editions of the fight for civil rights in this country has been a disciplined use of nonviolence in the face of extraordinary hate and violence. And i think that the marchers went to charlottesville in the that history. There are some circumstances where protests resulted in violence but i do not read anything in this statement as written to condone that violence. And i think it is adequate to address the needs. And on that basis, i will not support the amendment. I also want to be clear that i was raised in the nonviolent civil rights tradition. And i strongly oppose violence and feel strongly about nonviolent civil rights protest. I think the statement is an eloquent, strong, powerful statement of opposition to a racist opposition to ideology and a return to the nations darkest past. I also oppose any language that would water down the sentiment that i think is in the statement as crafted and also that captures opposition to violence of all types. I would like to say that it was not the intention of the language to water down the sentiments in the statement as a whole. It is the intent of the proposed amendment, my intent, to make it clear that there was indeed theence by people against kkk. And that needs to be condemned. Peaceful protesters should any comfort in equivalency from the u. S. Commission on regard to s with their actions passing blame on people, on groups or were out ons that there peacefully protesting, away orsome got carried not, the intent and their their ideology is hatred, is not y otivated by violence, and it oes terrible justice to the consider her family to this amendment. I would hope the commissioner he commissioner kirsanow would consider the statement drafted. I think its a good statement but if their support for this is amendment, in that ill have no hesitation in starting to offer amendments of my own. We r lhamon commissioner, have a packed agenda today, so i will move us to a vote and note hat commissioner kirsanow hasnt taken a position and we shouldnt be speculating on what his position is. As amended is to vote statement with the he rriot that dmigzer has proposed. Im going to call for a role call. Youissioner adegbile how do vote. Nay. Chair lhamon commissioner heriot . I vote yes and just want to comment that New York Times stolberg cheryl reporting from charlottesville clubwielding antifa beating white of onalists being led out the park. Chair lhamon commissioner vote . W, how do you yes. Chair lhamon commissioner kladney . Yes. Na r lhamon commissioner rasaki . I vote no, given the fact that we had the discussion last whether one should trust everything thats written press. This is kladney again. I apologize. Voted the wrong way. I voted no. Chair lhamon you voted no . Okay. You. I thought we were voting on the statement. I apologize. Chair lhamon thank you. Yaki. Sioner no. Commissioner goodson. No. Chair lhamon and i vote no. Motion fails. We want to move to reconsider statement . I would like to move the statement as proposed. Thats still a pending motion. Thats the way roberts rules work. Its still a pending motion. You dont have to remove it. Fair enough. To the we should proceed vote on the motion that has been moved. Chair lhamon commissioner vote . , how do you aye. Chair lhamon commissioner heriot. Yes xhichlt commissioner kirsanow. Yes. Chair lhamon commissioner kladney. Yes. Na r lhamon commissioner rasaki. Yes. Hair lhamon commissioner goodson. Yes. Chair lhamon and i vote yes. It passes unanimously. On asset vote forfeiture. Its titled the u. S. Commission disapproves of the department of justice civil asset foritture of policy. U. S. Commission on civil rights strongly disagrees with department of justices recent decision to expand ederal participation in the practice of civil Asset Forfeiture. Civil asset foritture is defined of property by Law Enforcement without a criminal conviction, was sharply curtailed by the department in 2015. Efforts to limit the practice suppo