Transcripts For CSPAN Key Capitol Hill Hearings 20150305 : v

CSPAN Key Capitol Hill Hearings March 5, 2015

Isis. We will talk to John Wunderlich about Hillary Clintons use of personal email to conduct official business. Washington journal is live each morning. Here are some of our featured programs for this weekend. On cspan2s book tv, saturday night at 10 00 eastern david morris on the history of posttraumatic stress disorder that affects 27 million americans, including himself. Sunday at 8 00, scott taylor argues that the Obama Administration is hurting our national security. On American History tv on cspan3, the commemoration of bloody sunday, when voters rights advocates began to march from selma to montgomery and were met with violence by state and local police. We are live from solyndra with your phone calls followed by the commemorative ceremony with president obama and john lewis. Sunday, our live coverage continues from the brown chapel ame church. Find our complete Television Schedule at cspan. Org and let us know what you think about the programs you are watching. Call us, email us, or send us a tweet. Join a cspan conversation. Like us on facebook, follow us on twitter. A Justice Department investigation into the Ferguson Missouri Police department and the citys invisible court has found evidence of racial bias. It was prompted by the Police Shooting of Michael Brown last summer. Eric holder discussed the investigation in a 25 minute news reefing news briefing. Good afternoon. Id like to take some time this afternoon to talk about the two informations the Justice Department has been conducting in missouri the last several months. The matter we are here to discuss is significant. Not only because of the conclusions that the Justice Department is announcing today but also because of the broader conversation and the initiatives those conversations have inspired across the country on both the local and national level. Those initiatives have included extensive and vital efforts to examine the causes of misunderstanding and mistrust between Law Enforcement officers and the communities that they serve. To support and strengthen our Public Safety institutions as a whole and to rebuild confidence wherever it has eroded. Now, nearly seven months have passed since the shooting death of 18yearold Michael Brown in ferguson, missouri. That tragic incident provoked widespread demonstrations and stirred really strong emotions from those in the ferguson area and around our nation. It also prompted a federal investigation by the United States department of justice with the criminal section of our civil rights division, the United States Attorneys Office for the eastern dribblingt of missouri, as well as the f. B. I. Seeking to determine Eastern District of missouri, as well as the f. B. I. Seeking to determine if this violated federal civil rights law. The promise that i made when i went to ferguson and at the time that we launched our investigation was not that we would arrive at a particular outcome but rather that we would pursue the facts wherever they led. Our investigation has been fair and rigorous from the start. It has proceeded independently of the local investigation that concluded in november. And it has been thorough. As part of a wideranging examination of the evidence, federal investigators interviewed and reinterviewed eyewitnesses and other individuals claiming to have relevant information and independently canvas more than 300 residences to locate and interview additional witnesses. This morning, the Justice Department announced the conclusion of our investigation and released a comprehensive 87page report documenting our findings and our conclusions that the facts do not support the filing of criminal charges against officer Darren Wilson in this case. Michael browns death, though a tragedy, did not involve prosecutable conduct on the part of officer wilson. Now this conclusion represents the sound, considered, and independent judgment of the expert career prosecutors within the department of justice. I have been personally breefed on multiple occasions about these findings. I concur with the investigative teams judgment and the inability to meet required federal standard this outcome is supported by the facts we have found but i also know that these findings may not be consistent with some peoples expectations. To all those who have closely followed this case and the national dialogue, i urbling you to read this report in full. Now i recognize that the findings in our report may leave some to wonder how the departments findings can differ so sharply from some of the initial widely reported accounts of what transpired. I want to emphasize that the strength and integrity of americas Justice System has always rested on its ability to deliver impartial results in precisely these types of difficult circumstances. Adhearing strictly to the facts and to the law, regardless of assumptions. Yet it remains not only valid but essential how such a statement of events was able to take hold so readily. A possible reason was uncovered in a second federal investigation, don by the civil rights division, determine if Ferguson Police officials have engaged in a widespread pattern or practice of violations of the United States constitution or federal law. As detailed in our searing report, this investigation found a community that was deeply polarized. A community where deep distrust and hostility often characterized interactions between police and area residents. A community where local authorities approached policing not as Public Safety but a way to generate revenue. A community where it was disproportionately found to harm africanamerican residences. And where it seems to stem from racial bias both implicit and explicit. And a community where all these conditions, unlawful practices and constitutional violations have not only severely undermined the public trust, eroded Police Legitimacy and made local residents less safe but created an intensely charged atmosphere where people feel under assault and urge siege by those who were charged with serve and to protect them. Of course, violence is never justified. But seen in this context a highly toxic environment, define pid mistrust and resentment, intird illegal and misguided practices, its in the difficult to imagine how a single tragic incident set off the city of ferguson like a powder degree. In a sense, members of the community may not have been responding to a single altercation but to a general distrust. They have been subject to unreasonable searches and seizures, exacerbated by disproportionate use of these tactics against africanamericans an driven by overriding pressure from the city to use Law Enforcement not as a Public Service but as a tool for raising revenue. Now according to our investigation, this emphasis on Revenue Generation through policing has fostered unconstitutional practices or practices that contribute to constitutional violations. At nearly every level of fergusons Law Enforcement system. Ferguson Police Officers issued nearly 50 more citations in the last year than they did in 2010. An increase that has not been drive or even accompanied by a rise in crime. As a result of this excessive on ticketing, today the city generates significant revenue from enforcement of Code Provisions along with taxes and other Revenue Streams in 2010, the city collected 1. 3 million in fines and fees collected by the court. For fiscal year 2015, fergusons city budget anticipates the revenues to exceed 3 million. More than double the total from just five years prior. Our review of the evidence and our conversations with Police Officers have shown that significant pressure is brought to bear on Law Enforcement personnel to deliver on these revenue increases. Once the system is primed for maximizing revenue, starting with fines and fine enforcement, the city relies on the police force to serve essentially as a Collection Agency for the Municipal Court rather than as a Law Enforcement entity focused primarily on maintaining and promoting Public Safety. In a wide variety of tactics including disciplinary measures are used to ensure certain levels of ticketing by individual officers regardless of Public Safety needs. As a result, it has become common place in ferguson for officers to charge multiple violations for the same conduct. Three or four charges for a single stop is considered fairly routine. Some officers even compete to see who can issue the largest number of citations during a single stop. A total that in at least one instance rose as high as 14. And we have observed that even minor Code Violations can sometimes result in multiple arrests, jail time, and payments that exceed the cost of the original ticket many times over. Now, for example, in 2007, one woman received two parking tickets that together totaled 152. To date, she has paid 550 in fines and fees to the city of ferguson. She has been arrested twice for having unpaid tickets. And she has spent six days in jail. Yet today, she still inexplicably owes ferguson 541. And her story is only one of dozens of similar accounts that our investigation uncovered. Over time, its clear that this culture of enforcement action is being disconnected from the Public Safety needs of the community, often to the detriment of community residents, has given rise to a disturbing and unconstitutional pattern or practice. Our investigation showed that Ferguson Police officers routinely violate the Fourth Amendment in stopping people without reasonable suspicion. Arresting them without probable cause. And using Unreasonable Force gerns them. According to the Police Departments own records, their own records, its officers its officers frequently infringe on residents First Amendment right, they interfere with the right to Record Police activities. And they make enforcement decisions based on the way individuals express themselves. Many of these constitutional violations have become routine. For instance, even though its illegal for Police Officerses to detain a person even briefly without a reasonable suspicion its become common practice for officers in ferguson to stop pedestrians and to request identification for no reason at all. And even in cases where Police Encounters start off as constitutionally defensible, we found that they frequently and rapidly escalate and end up blatantly and unnecessarily crossing the line. During the summer of 2012, one Ferguson Police officer detained a 32yearold africanamerican man who had just finished playing basketball at a park. The officer approached the man while he was sitting in his car and he was arrested. The cars windows appeared to be more heavy tinted than fergusons code allowed so the officer did have legitimate grounds to question him. But with no apparent justification the officer proceeded to accuse the man of being a pedophile. He prohibited the man from using his cell phone and ordered him to get out of his car if a pat down search even though he had no reason to suspect that the man was ared and when the man objected, citing his Constitutional Rights, the Police Officer drew his Service Weapon pointed it at the mans head, and arrested him on eight different counts. Now this arrest caused the man to lose his job. Unfortunately this event appears to have anything but an isolated incident. Our investigation shows that members of fergusons police force frequently escalate rather than defuse tensions with the residents they encounter. Such actions are sometimes accompanied by First Amendment Violations Including arresting people for talking back to officer, for recording their public activities or engaging in other conduct that is constitutionally protected. This behavior not only exacerbates tensions in its own right, it has the effect of stifling Community Confidence that is absolutely vital for effective policing. And this in turn deepens the widespread distrust provoked by the departments other unconstitutional exercises of police power. None of which is more harmful than its pattern of Excessive Force. Now among the incidents of Excessive Force discovered by our comprehensive review, some resulted from stops or arrests that had no legal basis to begin with. Others were punitive or retaliatory in nature. The Police Departments routine use of tasers was found to be not really unconstitutional but abusive and dangerous. Records showed a history of using unnecessary force against people with mental illness. And our findings indicated that the overwhelming majority of force, almost 90 , is directed against africanamericans. This deeply alarming statistic points to one of this the most pernicious aspects of the conduct our investigation uncovered, that these policing practices disproportionately harm africanamerican residents. In fact, our view of the evidence found no, no alternative explanation for the disproportionate impact on africanamerican residents other than implicit and explicit racial bias. No other basis. Between october 2012 and october 2014, despite making up only 67 of the population, africanamericans accounted for a little over 85 of all traffic stops by the ferguson Police Department. Africanamericans were twice as likely as white residents to be searched during a routine traffic stop even though they were 26 less likely to carry contraband. Between october 2012 and july 2014, 35 black individuals, 35 black individuals and zero white individuals received five or more citations at the same time. During the same period africanamericans accounted for 85 of the total charges brought by the ferguson Police Department. Africanamericans made up other over 90 of those charges with a highly discretionary offense described as and i quote, manner of walking along roadway. Unquote. Manner of walking along roadway. And use of dogs by Ferguson Police appears to have been exclusively reserved for africanamericans. In every case of a recorded person being bit by a police dog that person was africanamerican. The evidence of racial bias comes not on if statistics but also from remarks made by police, city and court officials. A thorough demofplgse records a thorough examination of the records, including a large volume of work emails shows a number of publicer is vapts shows a vast number of people expressing racist comments or gender discrimination, demonstrating, quote, test views and don straiting grotesque views of africanamericans in which they were characterized as other and i want to emphasize these conclusions are drawn directly from the exhaustive Findings Report that the department of justice has now released. Clearly these findings and others included in the report show that though some Community Perception of Michael Browns tragic death may not have been accurate, the widespread conditions these were paced on and the climate that gave rise to them were all too real. Some of those protesters were right. This is is a reality that our investigators repetedly encountered in their interviews of police and city officials. Their conversations with local residents and their review of thousands of pages of records and documents. This evidence pointed to an unfortunate and unsustainable situation that has not only severely damaged relationships between Law Enforcement an members of the community, but made professional policing vastly more difficult. And i think very significantly unnecessarily placed officers at increased risk. Today, now that our investigation has reached its conclusion, it is time. It is time for fergusons leaders to take immediate, wholesale and structural corrective action. Let me be very clear. The United States department of justice reserves all of its rights and abilities to force compliance and to implement basic change. Nothing is off the table. The report from the Justice Department presents two sets of immediate recommendationers in ferguson Police Department and the Municipal Court. These

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