Transcripts For CSPAN Investigation Of Ferguson Missouri Police Department 20140907

Im so proud of this community today, and i want the entire world to know that im proud of everyone in here. And im also proud of myself for getting the help that i need, and you can have that, too. [cheers and applause] [captions Copyright National cable satellite corp. 2014] [captioning performed by national captioning institute] on monday, former president s bill clinton and george w. Bush will be at the new cm in washington dc to launch the president ial leadership scholars program. Its a partnership between the president ial centers of bush, clinton, george h. W. Bush, and lyndon johnson. You can watch live coverage beginning at 9 30 a. M. On cspan 2. Shortly after that, the health and Human Services Department Mission and future. Thats also on cspan2. The Justice Department this fast the Justice Department launched an investigation into the Ferguson Missouri Police department. The investigation is separate from the shooting death of Michael Brown. Focusing instead on allegations of misconduct by the police force in relation to searches and treatment of people in police custody. Attorney general eric holder spoke about the investigation with reporters during this dirty fiveminute News Conference all stop good afternoon. Im joined today by the assistant attorney general Human Rights Division and the director of the Community Policing division of the c. O. P. S. Office. We are here to announce the latest efforts and ongoing efforts to address the situations in ferguson ferguson, missouri in surrounding community. As you know, our federal civil investigation no the august 9 shooting of Michael Brown remains open and very active. As i made clear during my visit to ferguson, two weeks a ago, this investigation will take time. The American People can have confidence it will be fair, it will be thorough and independent. Over the course of that visit i had a chance to speak with a number of local residents. I heard from them directly about a deep distrust that has taken hold between lawenforcement officials and members of that community. In meetings and listening sessions and as well as informal conversations people consistently expressed concerns stemming from specific alleged incidents from general policing practices and from the lack of diversity on the Ferguson Police force. These anecdotal stories show the distrust in ferguson that has received a a good deal of attention. Result of this history and following extennive review of documented allegations and other data we have determined there is cause for the Justice Department to open an investigation to determine whether Ferguson Police officials have engaged in a pattern or practice of violations of the United States constitution or federal law. The investigation will be carried out by a team by the special litigation section, same of the same dedicated professionals that have achieved historic results that have achieved historical policing from coast to coast. Over the past five years the civil Rights Division has prosecuted over 300 individual officers for misconduct. We have opened 20 pattern or practice investigations into Police Departments across the country. That is more than twice as many as were opened in the previous five years and enforcing 14 agreements to reform Law Enforcement practices at agencies large and small. With these agreements we have seen dramatic decreases in acceptable uses of force him at witty in the delivery of police service, including port measures and most significantly increased confidence by communities in the Law Enforcement agencies. As a brother of a retired police officer, i know the overwhelming majority of our brave men and women in uniform do their jobs honorably. They do them with integrity and often at great personal risk. The civil Rights Divisions efforts are meant to ensure that Law Enforcement officers in every part of the United States live up to the same high standards of professionalism. In ferguson, our investigation will assess the Police Department use of force including deadly force. It will analyze stops, searches, and arrests. And it will examine the treatment of individuals detained at fergusons city jail. In addition to other potentially discriminatory policing techniques and tactics that have been brought to light. We have met with the mayor, the city manager and the police chief in ferguson. They have welcomed this investigation and they have pledged their complete cooperation. This investigation will be on ducted both rigorously conducted both rigorously and in a timely manner so we can move forward as expeditiously as possible to restore trust, build understanding and foster cooperation between Law Enforcement and community members. At the same time, i want to make very clear that as this investigation unfolds and as it evolves, we will follow the facts and the law wherever they may lead. And if at any point we find reason to expand our inquiry to include Additional Police forces in neighboring jurisdictions, we will not hesitate to do so. In fact, i can also announce today that above and beyond our investigation in ferguson, we are taking proactive steps to engage the st. Louis county Police Department in when is known as a collaborative reform effort. This partnership is being led by the c. O. P. S. Office working closely with the st. Louis county officials to conduct a comprehensive assessment. The st. Louis county police chief has voluntarily accepted the collaborative reform process and has also asked that the c. O. P. S. Office conduct an after action report on their response to recent demonstrations. And already with cooperation of st. Louis county leaders we have identified priority area for intensive review and Technical Assistance, including racial profiling, stops, searches, and frisking, the handling of mass demonstrations by Police Officials and Law Enforcement training both at the Police Academy and at the continuing professional level. St. Louis county administers Training Programs for officers throughout the area including members of the Ferguson Police department. It makes sense to include the county Police Department as part of our comprehensive approach to confronting the challenges that we have seen in the region. I want to be clear, this is not a stop gap or a shortterm solution. It is a longterm strategy founded on Community Policing, that will provide a really dough tailed road map detailed road map to build trust, bolster public safety, ensure accountability and to change the way that Law Enforcement leaders make decisions, implement policies, and Forge Community partnerships. And our track record proves that such efforts to reform policing practices can be tremendously successful. For example, in 2012, the c. O. P. S. Office and the las vegas metropolitan Police Department completed an eight month review similar to the collaboration that we are launching today with the st. Louis county Police Department. The Las Vegas Review resulted in 75 findings and concrete recommendations regarding officerinvolved shootings and other use of force issues. Today, fully 95 of these recommendations have been adopted. And Police Agencies in two other jurisdictions are going through similar processes as we speak. And when i visited ferguson two weeks ago, i promised that the United States department of justice would continue to stand with the people there long after the National Headlines had faded. Today with our investigation into the Ferguson Police department and our Reform Efforts in st. Louis county, we are taking significant step towards keeping that promise. As these efforts unfold, my colleagues and i will keep working with the people in ferguson to ensure that a fair, thorough investigation occurs, to see that dialogue can be translated into concrete action and to facilitate lasting positive change that brings together public officials, civil rights leaders, and members of the public to bridge gaps and also to build understanding. This wont always be easy but i know that together we can and we will will meet this challenge. Now before we move to questions, there have been Court Decisions a announced today in two separate but very important cases on which i would like to briefly comment. First, we are pleased that the District Court in new orleans has found that the Largest Oil Spill in the United States history was caused by b. P. s gross negligence and willful misconduct. The courts findings will ensure that the company is held fully accountable for its recklessness. The case which was vigorousry pursued by the United States is i think stellar legal team marks another significant step forward in the Justice Department continuing efforts to seek justice on behalf of the American People nor disaster and we for this disaster and we are confident this will serve as a strong deterrent to anyone tempted to sacrifice safety in the environment in the pursuit of profit. Second, in ohio, a District Court has held that the plaintiffs challenging the state of ohios changes to its inperson early voting rules likely will be able to prove that those changes are in fact unconstitutional. The Justice Department has filed a statement of interest in this case and todays outcome represents a milestone in our effort to continue to protect Voting Rights even after the supreme courts deeply misguided decision in shelby county. I am pleased to note that todays decision and the judges analysis rest on some of the same legal reasoning that underlies the departments pending challenges to voting measures in texas as well as in North Carolina under section 2 of the Voting Rights act. And as we move forward my colleagues and i will continue to do everything in our power to aggressively defend access to the ballot box and to ensure that every american can exercise his or her right to participate in the democratic process unencumbered by unnecessary restrictions that discourage, discriminate or disenfranchise. With that we would be more than happy to take your questions. Pete . Give us more on why you decided to launch the investigation . Your own conversations you talk about review of documented allegations. Give us the universe of what went into this . We looked at a number of things in our initial and preliminary assessment of whether or not to open this investigation. It included not only discussions that the attorney general had with residents of ferguson two weebs ago but also other meeting weeks ago but other meetings that other Justice Department officials have had with residents. We looked, of course, at Public Records and other pieces of information that are available to make an assessment that this was, indeed, an appropriate opening for a pattern and practice investigation. Moreover, the civil rights that vision met with city leaders in ferguson yesterday and expressed a strong willingness to assist us and in fact were extremely open to this investigation. We will have cooperation from our local residents. What Public Records are we talking about . Any number of pieces of information that we looked at which would have included demographics, and Public Records related to cases that may have been filed by private litigants, there are any number of Different Things we looked at. Mr. Attorney general, what about your visit struck you to the point where you felt comfortable to move forward with this investigation . And then secondly, what do you say to supporters of the police that this investigation is premature and in fact unfair to the Police Department . Well, i mean i would say that as molly said, the assistant attorney general said, the decision to go ahead was based not only on what i heard while i was out there which was fairly compelling, and there was a certain continuity and similarities in the kinds of things this i was hearing with regard to traffic stops, revenue raising on the basis of traffic stops, traffic stops that occurred in certain parts of the area. But in addition to that and in response to the earlier question there has been a review of documentary evidence indicating that there are problems. I dont think there is any question that there is a basis to begin a pattern of practice investigation. So that with regard to those who might be concerned that we are somehow being premature all we are saying that the point is that we are opening an investigation to see whether or not there are in fact problems. I think that the fact that we have pledges of local cooperation is an indication that there are issues felt even there at the local level indicating a need for us to Work Together to make the situation the situation better. I want to emphasize as i said in my prepared remarks, you know, the vast majority of the people who serve the American People in a Law Enforcement capacity in this country do to honorably, do so quite well. The vast majority of Police Departments do so i think quite well. Where we find problems it is incumbent upon us to use federal law to make sure that in fact occurs. What predicated this . This is a thing where we read a lot of stuff. You said there is no question there is justification for opening it. It just sounds like we talked to people and read some stuff. What specifically, there are cases that specifically predicated the opening of this . You seem dismissive when you say we read a lot of stuff. That is kind of what we do. I know but you are saying there is no question to you but for people who dont know what you read and dont know what you are looking at, what specifically have you seen that said yes, we have to open this investigation . Ile let molly get into more of the specifics. There are variety of documents and materials contain in the Public Record that exists about the percentages of stops that occurred that involve certain ethic groups and whether those are consistent with the numbers of people who will make up the population. There are a whole variety of things that you all have reported on that i think have given us a good factual basis to proceed in the way that we have announced. I dont think there is any i think it is important to note that these are just preliminary facts that we have gathered. The investigation really is starting today. And so we will now be doing a lot of our evidence gathering in cooperation with the Ferguson Police department and its city leaders which will include any number of ways to talk to people and gather evidence directly from the Police Department. So, it is, in teed, today is really the first step in the investigation. If i could ask general holder, what went into the decision to open a pattern or practice investigation with the Ferguson Police department but not do the same with the county police . Since the c. O. P. S. Office has been advising the county police for some weeks now do you see any potential for conflict moving forward with them working with the county police . Thanks. So, over the last several weeks we have received a lot of information from residents and other places that caused us to think that, indeed, there was a potential pattern or practice of unconstitutional policing there and that in combination with the willingness of the local government to work with us caused us to open the pattern or practice. It is not to say, however, that if we in the course of our investigation determine that there are facts that lead us to other journals nearby or to the county, we reserve the right to expand the pattern and practice investigation to other jurisdictions including the county, but at this point, given that the county is training the Ferguson Police department we felt that the immediate Technical Assistance that comes from the collaborative reform that the c. O. P. S. Office provides would be an appropriate first step for the county and ron can speak to that. We have started the Technical Assistance actually a couple of weeks ago and really for us to collaborative reform process is a form of Technical Assistance so we will build on that. We have in initialial consultations. Talked about the next steps and how to engage in community police. The collaborative reform process will allow us to do in depth assessments and organizational and identify devins and come up deficiencies. The county is voluntarily going to participate because they provide training for most if not all of the agencies in st. Louis county. In this way this effort will not only benefit st. Louis county but ferguson and the other 50 plus cities inside the counties. The Technical Assistance we provide as part of the agreement with the st. Louis county police chief makes it open to the Highway Patrol and the troopers a well. This is about advancing Community Policing and constitutional policing through Technical Assistance in a manner that does have an objective independent assessment so we know exactly what we are doing with it. How concerned are you that in regards to the timing of this investigation that it could inappropriately influence the grand jurors looking at evidence in the Michael Brown shooting . We are announcing today the beginning of an investigation and one should not draw a connection between what we are doing today and the the matter that the grand jury is in the process of considering. In addition to the fact that we have our own independent investigation going on into the shooting. I think that these are separate matters. I worked with grand juries myself as a prosecutor. And i know that grand juries have the capacity to keep separate those things that should that should be a part of their considerations. And im confident this will not have an impact on the grand jury process. Can i ask since we are talking about the civil Rights Division and civil rights investigation about an investigation into another shooting a racial incident there was a big announcement that you made years ago about the investigation into the Trayvon Martin shooting. Have you ever finishd that civil rights investigation . Are you ever going to finish that . That is ongoing. In anticipation of that question, i was asked i asked give me, you know, as best we can where do we stand. That matter is ongoing. There are active steps we are still in the process of taking. There are witnesses who we want to speak to as a result of some recent developments. So that is that matter is still underway. Attorney general when you opened the preliminary inquiry for patterns and practices, when did you open that . What date did that happen . The Ferguson Police chief seems to think you are investigating as well their hiring practices. I dont see that anywhere if your statement. Are you looking at hiring practices . So, today is the day that we are opening the investigation to the Ferguson Police department. Right, the preliminary inquiry when did that begin . That was part of intake the last several weeks. There wasnt any particular day that it started. The pattern and practice will cover four particular area. One is the use of force. Excessive use of force. The second is going to be the stops, searches and arrests. We are also going to be looking at the manner in which the Ferguson Police detainees in the jail and discriminatory policing in general. So hiring is not part of that . Not part of the initial but we reserve the right to expand if we find there are potential issue theres. Why wouldnt that be a logical thing given the complaints in the community with the community that is 2 3 black there are only two Police Officers black on the police force . Those dont in and of itself prove there is discriminatory policing. It is one of the factors we will consider if we need to expand the investigation. Talk about the general timeline measures . What can you tell us about the investigation into the chicago Police Department . There are some different civil rights investigations into Police Departments, what can can you tell us about that one and that involved Police Shooting . So the f. B. I. Is involved, civil rights, can you bring us up to date when is going on in chicago . We do not have the to my understanding we do not have an open investigation into the chicago Police Department. The civil Rights Division. What about any other investigation by the department of justice . We do not have any open investigations into the chicago Police Department as far as we can tell. Do you see anything in response to the shooting, sir, that would make that part of necessary for a civil rights investigation . I know there is going to be the c. O. P. S. Office review in terms of training and whatnot. Is there anything that would track any of the Police Response to the protests a and whatnot into the pattern and practice investigation . Sore that not on the table sore that not or is that not on the table . It will concentrate on the four areas that i outlined but we will examine all of the facts that we find including potentially the response to the protests. Although i think it is important to note that the county requested and c. O. P. S. Will provide an after action review of the demonstrations and the response to demonstrations which ron can comment on. [ overlapping speakers ] one clare flying point. You mentioned about the training aspects. We will look at beginning to end. Responses. Talking to officers, community members. Leaders. A little more comprehensive than just the training aspect and along the way if we see something that needs to be referred we work closely with the components and the department of justice we will pass the information forward as necessary. This was at the request of the police chief. We will take the next question from the a. P. One thing just to make clear ace indicated in my remarks, you know, we are we will let the facts and law take us where it is appropriate. And to in response to the question maybe pete raised about the question of diversity, if we have a basis to believe that part of the issues out there should we find any is a lack of diversity on the police force that is something clearly that we will look at and make recommendations with regard to. This is something that we have done in other jurisdictions and this would not be something that is off the table in our examination in ferguson. Thank you. More questions. The next one is going to be from eric. Thank you. How long is there sort of an average length. I imagine these are lengthy investigations, that that will span a couple of years into the future now before a resolution . And generally is the Consent Decree generally sort of the desired end result into the investigation or are there other outcomes . The timing can vary depending on the level of cooperation with the jurisdiction. Historically, they have taken months not weeks. Sometimes longer than months. But there is no set deadline and there is no standard time period. It really does depend a lot on the level of cooperation that we receive from locals and in this case they have expressed a willingness to be expreemly cooperative. A Consent Decree is one remedy that could be achieved but there are any number of remedies available at the end of an investigation. Thank you. Dispatch next. General holder, as you know, there was some discussion about the timing of you visit to ferguson and the efficacy of the visit. Do you think you would have arrived or the department would have arrived this quickly to this decision without that visit . That is an interesting question. I mean i think there is certainly i think the trip was invaluable from my own perspective to have obtained in a very personal way a sense of what the situation was there. By interacting with residents of ferguson, by speaking to the investigators who were involved in the ongoing investigation. I think that certainly at least in for me, you know, sharpened the my own sense of what was going on there and the potential need for that which we are announcing today. So i think that visit certainly influenced the decision that we made today and are announcing today. Thank you. The next question. In your discussions with residents around ferguson im sure one thing you heard there are a lot of different jurisdictions around the area. Walk a couple of blocks from where Michael Brown was shot and you are in bellwood. A lot of different jurisdictions. Do you think it as likely outcome we will end up with investigations into other municipalities in the area . Im not sure i would say likely. But i think there is a certain i feel certain we will being to an examination in some form or fashion with or fashion with regard to the other police forces. Certainly is part of what c. O. P. S. Will be doing. Whether or not the pattern of practice thing expands into the other jurisdictions we will have to say. There is no question that i think in some fashion we will be interacting with and looking at what those other Police Departments are doing. Next question. Does it make sense im sorry . To you think the way it is set up makes sense having so many municipalities or ultimately the potential for a larger police force under one shoaled . We will have to see what the examination uncovers and what kinds was recommendations we will make. Im sure that give the interest that those people on the local scene have expressed those are the kinds of questions i would assume they are asking themselves as well. Mr. Attorney general, we had the brutal killing of another american journalist this week. We are one week out from the 9 11 anniversary. With all of the activity in syria, foreign fighters, questions about alqaeda, yemen bomb makers, how would you assess the current threat environment leading up to 9 11 . We are not in possession of any specific credible information that would evidence a threat to the homeland. But we are also cognizant of the situation as it exists in the middle east now. Threats that have been made and that our allies, for instance, in the u. K. Are teaing with. And dealing with. And we are very sensitive to that and to the extent that we find anything we will take the appropriate action. But we are not in possession, at least that the point, of any specific Credible Threats to the homeland. One more question. On the righthand. You mentioned policing rights. And do you have an indication of how Many Americans could be denied the right to vote come the mid term elections because of the chings across america . That because of the changes across america . That is hard to quantify. But in light of the forecast that one of the i guess pry the fact this one of the i guess primary reason for the new voting restrictions to be put in place is the notion of voter fraud given the fact there is really no i think credible indication that we are dealing with that kind of problem, the question really becomes why put these measures in place . We are not opposed to all kinds of voter identification and that is you know, the notion that somehow we just think people can walk up and vote, no. It is a question of making sure that the voting identification provisions that are in place dont discriminate, dont inhibit peoples a ability to do that which is most fundamental to this country. It is hard to quantify exactly what the numbers are, but i think we have certainly shown through cases that we have brought and won against texas, here in the district for instance before the shelby decision, that these kinds of measures have a negative impact on the ability of certain communities to cast ballots. All right, thank you. Mr. Attorney general, the verdict in the former Virginia Governor mcdonald trial is he has been found guilty of multiple counts. Any reaction, comment, anything to share with us . I only heard about the fact that there was a verdict as we were coming in. I only found out it was a guilty verdict on the basis of what you have said. It was a case that i thought was well tried by the people in the Eastern District of virginia and a case that was appropriately brought. That is all i would say. Last question. Last question. With regards to isis there is a lot of concern about americans going over there to join the fight in syria and iraq. How confident are you that the u. S. Knows the identity of the americans who have made it over there and those who have come back to the u. S. . Our f. B. I. Uses a variety of techniques to determine who is here and interested in going to the middle east, syria, iraq, other places. We also take use a variety of techniques working with the Intelligence Community and allies to identify people who are there. Our best estimate now is that there are 12,000 foreign fighters there, about a thousand europeans, maybe as many as 100 americans or so. And i think that we have a good handle on who is there and a good handle on who potentially might want to go there. We have brought a number of prosecutions and have a number of ongoing investigations into that regard. We are doing everything that we can to ensure that anybody who is intent on supporting isil either from the homeland or 20 toliver go to the or to go to the middle east and potentially come back and do harm to our country is monitored and held accountable and is prevented from doing so. What is being done regarding the two journalists that were executed by isis . Can you give us a sense of what the u. S. Government response is that is underway . Is it f. B. I. Broader than f. B. I. . What can be done given the chaotic situation over there to find the folks and bring them to justice . There is an ongoing f. B. I. Investigation that had been begun when these journalists were hostages. And now that has been transformed. Been investigations have transformed into homicide investigations, but we are working with the Intelligence Community in the United States and with our allies to try to determine who the individuals were that we saw on the states. Im confident we will be able to make some identifications in that regard and people who were involved in those incidents and presently engaged in Holding Americans or our citizens of allied nations are going to be held accountable. I want to be very clear i speak now as a member of the National Security team, not as the attorney general. We will take those legal steps that we can, but we will use all American Power that we can to hold people accountable. That means using the resources from the department of defense as well as the department of justice. Since you are here talking to us journalist, i want to ask about another fellow journalist, james rison. Are you continuing to prosecute that case question mark you say you dont want a journalist to go to jail, why not drop that case . I dont want to comment too much on what is a pending case, but i think that case was appropriately charged. Intend to seewe through to the end and we will deal with the issue that you have raised in an appropriate way and consistent with what i have said on a number of occasions. Could go back to ferguson for just a second, we had the Trayvon Martin shooting and the incident and ferguson. As you look over your tenure and the state of policing in the United States, give us your sense of what you think about race and policing in this country. Where do we need to go on that issue. I think that there is the need we always say this, i said the starting in 2009, in the great hall, i talked about the need for a conversation in this country about race. I think there is still that need, but i think we need to go beyond that and come up with concrete ways in which we are going to move this country forward and deal with these issues and understand there are communities that feel discriminated against. That senseases for of alienation and we hope to come up with concrete ways in which to deal with that. Lawenforcement is just the part of the larger society. There are flashpoints that come up every now and again that i think. 2 problems but i want to make clear the vast majority of people in Law Enforcement, the vast majority of leased departments do their job and away we would expect. To the extent there are problems, we as a society need to have the guts to say we are going to identify this as a problem. Is a deficiency in our country and thats what makes us special the fact we recognize issues and deal with them and move this country closer to the ideals that founded america in the first place. Thank you. With congress returning monday, heres a message to congress from one of this years cspan student cam competition honors. Water, it makes up 75 of our body. Take water away and humanity would harish within a week. Water is the most vital substance to a human body, yet it is because of humans that nearly 50 of all streams, lakes, bays and estuaries are unsuitable for use due to pollution. In the u. S. , we have learned to take water for granted. Faucets, bottled water and flush toilets reinforce the same idea. Water is an unlimited resource. Localep outside to our waterways and their diminishing condition tells a different story. Water pollution kills marine life, destroys ecosystems, and disrupt an already fragile food chain. Animals are not the only one that suffer the negative effects of water pollution. Congress, and 2014 commie must provide federal funding to Wastewater Treatment agencies across the country. Nation isood of our tainted with the negligence of generations and it must stop here. Join us wednesday during washington journal for the 2014 student cam documentary competition. With the balance of power at stake in congress, cspan is bringing more than 100 bates from key senate, house, governors races from across the country. Our midterm coverage includes featured debates every sunday until election day starting at noon eastern on cspan. Today, we bring you the North Carolina Senate Debate between incumbent democrat kay hagan and republican challenger tom tillis. Thats followed by the governors race in california between democratic governor jerry brown and republican neil cache kari. Later, the first debate between dan malloy and tom foley. The rothenberg political report and roll call call it a tilt democrat race will stop kay hagan and tom tillis recently participated in their first debate with a discussion education and health care and the minimum wage. Of the northesy Carolina Association of broadcasters and good evening and thank you for joining us for the first of two North Carolina association of broadcasters Educational Foundation Senate Debates. I am Norah Odonnell and i am delighted to be here as your moderator. First, lets introduce the candidates. To your right is speaker thom tillis, who greatly serves as the speaker of the house in North Carolinas state legislature