Transcripts For CSPAN3 Key Capitol Hill Hearings 20140910 :

CSPAN3 Key Capitol Hill Hearings September 10, 2014

Private residences during s. W. A. T. Raids. Some departments conduct as many as 500 Swat Team Raids a year, above its the poor and communities of color that is most impacted. It is hard to imagine that anyone intended for the wars on crimes, drug, and terrorism to deinvolve into widespread police demilitarization. At the same time its also hard not to seep7a6wni by declaring war, we have opened the door for outfitting our police to be soldiers with a warrior mindset. To conclude, i mention that police mill terization predates 9 11. This is not just an interesting historical fact. Its critical because it illuminates the most important reason or causal factor in this unfortunate turn in american policing and american democracy. It is the following. Our longrunning and intensely punitive selfproclaimed war on crime and drugs. It is no coincidence that the skyrocketing number of Police Paramilitary deployments on american citizens since the early 1980s coincides perfectly with the skyrocketing imprisonment numbers. We now have 2. 4 Million People incarcerated in this country and almost 4 of the American Public is now under direct correctional supervision. These wars have been devastating to the minority communities and the marginalized and have developed into a selfperpetuating growth complex. Cutting off the military supply weaponry to our military police is the least we can do to begin the process of reining in police mill terization and intending to make clear the increasing employ blurred decision between the military and police. Please do not underestimate the gravity of this development. This is highly disturbing to most americans on the left and the right. Thank you. Thank you, dr. Kraska. Mr. Lomax. You need to turn on your microphone. Id like to thank everything members of this committee to have the opportunity to speak request you today. Since its inception in 1983, the ntoa has served as a not at for profitassociation representing Law Enforcement professionals and special assignments in local, state, and federal Law Enforcement agencies. The mission of the ntoa is to enhance the enforcement of Law Enforcement personnel by providing a credible and proven training resource as well as a forum for the development of tactics and information exchange. American Law Enforcement officer recognizes probably more accurate lay than most that theyre not in conflict with the citizens they serve to. The contrary, the brave men and women of this profession willingly placed themselves between danger and the public every day at personal sacrifices to themselves and their families. This is evident by the Law Enforcement memorial walking distance from where we sit today. Law enforcement agencies in the United States have taken advantage of the 1033 programs from its inception, but certainly at greater frequency after the terror attacks on september 11th, 201. Dhs, doj grants, and the dod 1033 program alouis agencies to acquire the necessary equipment rapidly and at a considerable cost savings to the local taxsavings public. The 1033 program has allowed local agencies to acquire low duty heavy duty vehicles, forklifts, generators that improve operational capabilities and responder safety. The threat that firearms pose to Law Enforcement officer and puppet incidents has proven that armored rescue vehicles have become as essential as individually worn body armoire and helmets in saving lives. More oth moreover, in the security document it is recommended that s. W. A. T. Teams have Tactical Equipment including armored rescue vehicles in the event of a disaster. Most tactical kmaernlds utilize these resources judiciously and are sensitive in a real and perceived appearance. However, it is not uncommon for agencies to take receipt and receive little or no training on,000 utilize it, when to deploy it, and equally as important, when not to deploy it. Prior to obtaining equipment from the 1033 program or purchasing commercially utilizing dhs grant monies, agencies are not mandated to demonstrate training levels for the use of that equipment. It is incumbent upon that agency to obtain the necessary training based upon regulatory or e voluntary Compliance Standards associated with such equipment. Such training could take place at the requesting agency location. Another challenge is that there are not enough specialized Law Enforcement teams developed specifically mobile Field Force Teams in every jurisdiction around the country. Consequently when a Law Enforcement administrator is faced with a disorderly event they often deploy the only resource they have immediate access to, the local s. W. A. T. Team. It is important to note that 87 of enforcement agencies in the United States have fewer than 50 officers. With the exception of those who had prior civil disorder ee sents, most have not invested in a mobile field force capability. Theres also a general lack of training regarding civil disorder for tactic cam planners, Public Information officers and first line supervisors. This must change. The ntoa published an ntoa s. W. A. T. Standards in 2001 which outlines the most base uk requirements for Tactical Teams in terms of operational capabilities, training, mamgts, policy vept, operational plans, and multijurisdictional response. The standard, however, is a voluntary compliance standard. Subsequently many Law Enforcement leaders look view them as unfunded mandates. The ntoas position, though, is that when an agency makes a decision to develop a s. W. A. T. Capability it should also make the investment in training, equipment, and best practices that are required to support such an effort. Again, on behalf of the 40,000 Law Enforcement professionals that ntoa represents, i thank you for this opportunity to speak today on these Current Issues and challenges and look forward to answering the questions that the committee may have. Thank you. Mr. Price. Good afternoon. My name is why employ price. Id like to first thank senator mccaskill for inviting me here today. The shooting death of Michael Brown, an unarmed teenager by a ferguson plefr on saturday, may very well become the turning point in moving forward in the way policing is conducted in this country, especially in neighborhoods of people of color. First, mandatory body cameras for officers patrolling our streets to ensure accountability for the way citizens are addressed during routine stops. This policy would allow us to examine the methods police use during these steps. These are special challenges to policing in urban areas where there are strong feelings, often negative, about the conduct and the role of the police. There are strong feelings often negative about the role of the police. The uprisings in ferguson are an example of inemt Police Behavior at the heist decisionmaking level. It raises the question of how much force is appropriate to control a group of angry protesters armed initially with rocks, bottles, and later molotov cocktails. What police use to defend themselves at the early stage of the confrontation was a high level of military weaponry not often seen on the streets in the United States. What we saw were large militarystyle weapons including Armored Vehicles normally seen on National News during conflicts concerning the middle east war zones. Most americans would not be so shocked if this were a response to an overt terrorist attack on an american city. But not doing a spontaneous protest over the shooting of a young africanamerican male by a white Police Officer while walking in the street in the middle of the day. Most believe that we can spend this kind of money on weapons im sorry, most believe that if we could spend this kind of money on weapons, why not use those same resources to better train the police in Community Policing and train them also in the best way to resolve conflict. If heavy military weapons are to be deployed they should be in the hands of competent high level police command. This show of military mite by Ferguson Police only understood escalated the strong feelings that the police of the people are sworn to serve and protect. The days of unrest were followed by a growing protest from people who already felt disrespected and frustrated by the local Law Enforcement on daily 5grbasis. That concludes my statement. Thank you, mr. Price. Mr. Shelton. c thank you very much, senator mccaskill, and thanks, senator harper and cobritain and all the others gathered here tore. I want to thank you for inviting me to testify on behalf of the nc ncaap on behalf of this important topic. The ncaap appreciates the needs of local government including Law Enforcement agencies to secure equipment as cost effectively as possible. We have supported increased resources in personnel for local Police Department since the founding of the association 105 years ago. Over the last couple of decades given the shrinking state and federal budgets and oftentimes increasing demands, the communities served by the ncaap seems to have suffered disproportionately from reduced state and local funding. Our concerns are when military equipment, weapons of war are commonly used to vow avenge against those in our country with little or no oversight training and specific and clear integration when and how they are used in civilian circumstances. The tragic killing of Michael Brown in ferguson, missouri, the ensoaring protests and the result in demonstrations of force by local Law Enforcement attracted the attention of many to a future for a little known program the defense programs 1033 program by which the federal government transfers excess military equipment to state and local lawpi a. Fnpceme agencies. While Many Americans were rightfully upset by the ic the race in america that this is a not a new phenomenon to most americans of color. The war on drugs and the war on crimes have been predominantly waged in ethnic communities and too arch against africanamericans. Since 1989 military equipment has been used by Law Enforcement agencies to fight the war on drugs, thus it should be nor surprise that theyve grown accustomed of seeing weapons of war in our communities, on our streets, and even entering our homes. On saturday, august 9th. An unarmed collegebound teenager named Michael Brown was shot to death by a Police Officer in ferguson, missouri. According to every report the ensuing protest began peacefully. The people were angry admittedly and understandably outraged but initially peaceful. Their protests were met by local Law Enforcement agents in mraps with militarystyle assault weapons aimed at them. The resulting impression on people in ferguson and throughout our country and the world who were watching these events is these americans were being marginalized, that their concerns, anger, protests were not being valued or respected by local Law Enforcement. One cnn reporter said it looked more like belfast or the middle east than the heartland of america. Thus the fact that population of ferguson is over 67 africanamerican has not been lost on many of the protesters nor on the u. S. Or international observers. As a matter of fact, i was at the United Nations when all this broke loose and they were asking me questions about ferguson. Even people who could not speak english knew the word ferguson. So what steps does ncaap recommend in overseeing the association of Law Enforcement association. First we must change the paradigm which drives our criminal justice system. Need to move away from the field of war on drug scenarios and Law Enforcement needs and be trained to stop stereotype what they look like, the clothes they wear, and the neighborhood in which they live. If the program is allowed to continue it should be restructured and the equipment should be used not to pursue the flawed war on drugs or protests and demonstrations but rather it be used to promote the idea that Law Enforcement is designed to protect and serve the citizens who are within their jurisdiction. Included the requirements must also be policies, training and oversight which includes the racial profiling act thats pending in the house and senate and that which is being prepared for reintroduction by congressman john conniers. Secondly, all lawen forcement agency should develop their own internal policies and proof of these policies should be a requirement before any Equipment Transferral or funding occurs. And thirdly we need full transparency and disclosure. State and local Law Enforcement agencies melissa also be required to publicly report on the equipment they have requested and received and the intended purpose. Of justices Community Policing, or cops program, and for increase in the funding of c. O. P. S. Program. Its intended to incentivize better Law Enforcement practices through community engagement. It remains a primary vehicle through which the federal government awards on police transparen and accountability. In summation, american policing has become increasingly militarized through weapons and takttics designed for war. The lines between federal military force and civil Law Enforcement has become increasingly blurred. Increasingly blurred. Sadly the colors have born the brunlts of this. We need to correct this program, not just check it. We need to continue to strive for democracy which also under americans can live and we shouln not allow any American Community or Government Entity to be considered at war with any ereda other. I thank you again, chairman carper, cobritain, and hers h mcercaskill, and i certainly lo forward to your questions. Thank you so much. Go a im going go ahead and defer my questions and allow the other senators who are here go first. R senator coburn . Thank you. Thank you for your testimony. Mr. Buerrmann, at what point yoe do thing the federal lo governmentsca enforcement of l. Forcement begins . Thats greats question. Thing that one of the benefits of the federal government is trying to create a national coheerns. Ifficu thats a difficult place forlt e federal government to be. Le there are leadership training os programs like the l National Academy that the i puts on at the fbi academy that helps Police Leaders across the United States better understand these t kinds of issues that were ing b talking aboutou to, southward sd certainly that would be an gove appropriate role for the federal government. As somebody who used toed t be p police chief, i really appreciated the ability to acquire equipment in my department we used it primarilyr for vehicles and office offi equipment for oucer Community Policing stations or our tion recreation programs that we could not have afforded if the 1033 program hadnt existed. So from a local perspective, i e thought that was a wonderful wae for us to get a return on our da federal tax investment. With dr. Kraska, i appreciate your coming. Tell us the difference between n militarized and specialized military police force and a standing army. Its actually a bit of a complicated history i wont get into too much but we have to osi remember the posse come tacy ac of 1878 had been in place for quite a long time until the t 1980s drug war and it wasnt until the 1980s drug war it d was the Reagan Administration that wanted to completely repeae the posse kamata ta as the, but what they did is allow it significantly for cross train g trainingtraining and weapons transference. We also have to remember the nt department of defense has been d very actively involved in training local Police Departments as well, not just providing them equipment but i providing them training. Gievet a great quote. Ead it im not going to read it now bui if you ask me to read it will i will having army s. E. A. L. S and e rangers come to local police to departments and teach them and things. So its notte just weapons transference. The federal government hasnt h g increasingly sincely 9 11 playea significant role in acceleratini these trends toward mill terization. Youand, know, the extent to whi the 1033 program, didnt of Homeland Security funds, et a, h cetera, have contributed to it,w i would certainly call it significant, but i think we have to remember that the militarized culture of a component of policing and its just a component of policing, this snt isnt a unified phenomenon in all of the police in the United States of america. A. Hell, we havehe a police didnt right next to us, a lexington p. D. , very smart, very wise, ery they dont do this kind of thine at all, and they would ne

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