Rep. Johnson in Judiciary: Justice in Policing Act is just the beginning

WASHINGTON, D.C. – As part of the Judiciary Committee oversight hearing on Policing Practices and Law Enforcement Accountability on June 10, Rep. Johnson, a senior member of the Committee, highlighted the Justice in Policing Act of 2020, the first-ever bold, comprehensive approach to hold police accountable, change the culture of law enforcement and build trust between law enforcement and our communities. He also questioned expert witnesses on the path forward and illuminated the need for greater accountability, transparency and federal standards in how police officers are governed and held responsible for use of excessive force and the killing of civilians.

Watch here: https://youtu.be/34W_E50x9cs

Rep. Johnson: Thank you for holding this hearing, and I thank the witnesses for being here to help us forge a new path forward. The path to a place where Black men and women cannot be murdered with impunity by those sworn to protect them. Mr. Floyd, know that we grieve with you on the loss of your brother and my condolences go to you and your entire family. Ms. Underwood-Jacobs, I offer my sincere condolences to you and your family on the loss of your dear brother. Mayor Morial, we have seen repeated instances where Black people often unarmed have been killed by police officers and the death results in a use-of-force investigation. That investigation is often conducted by the law enforcement agency that employs the officer who used the deadly force. Isn't that correct?

Mr. Morial: That is traditionally the way it works.

Rep. Johnson: Professor Butler, we have also witnessed these use-of-force investigations being overseen by the local district attorney, works hand-in-hand, day after day, year after year with the same officer and agency that employs the officer who used deadly force in a case under investigation. Isn't that correct?

Professor. Butler: Yes, Congressman.

Rep. Johnson: Attorney Crump, we have seen time and again the investigation becomes long and drawn out and at some point, months or even years later, the local prosecutor takes the case before a secret grand jury and out of that grand jury usually comes what is called a no bill, which is a refusal to indict the officer who committed the homicide. Isn't that correct?

Attorney. Crump: Yes sir, Congressman Johnson.

Rep. Johnson: And Professor Butler, because grand juries are secret, the public never learns what evidence the prosecutors presented to the grand jury – isn't that correct?

Professor Butler: Just like the grand jury procedure in Staten Island (Eric Garner), who was placed in an illegal chokehold, we have no idea why that grand jury did not indict that officer for murder.

Rep. Johnson: It becomes just another justified killing of a black person by police in America. Wouldn't it be fairer if the investigation were undertaken by an independent police agency, Attorney Gupta?

Attorney Gupta: Yes, I think that's important. It would also give community members more faith in their legal system if there was an independent investigator.

Rep. Johnson: Wouldn't it be better for the use-of-force investigation be overseen by an independent prosecutor? Attorney Ifill?

Attorney Ifill: Without question.

Rep. Johnson: Professor Butler, wouldn't it inspire public confidence that the law require transparency in the investigation and that the results of the independent investigation be made available to the citizenry within a reasonable period of time, but not two years later like in the Michael Brown case in Ferguson?

Professor Butler: Yes, Congressman. When an officer dishonors their badge, they should receive the same process as any other criminal.

Rep. Johnson: Attorney Ifill, do you believe that the Justice in Policing Act should withhold funding when the states in which the law enforcement department in question operates does not require independent deadly force investigations overseen by an independent prosecutor and police agency in police use of force -- deadly use-of-force investigations?

Attorney Ifill: I believe there needs to be an entire overhaul for the funding, from the Department of Justice to local police departments to ensure they comply with Title VI of the federal Civil Rights Act of 1964.

Rep. Johnson: Thank you. Attorney Gupta, many police officers are protected from being questioned and investigations because of cooling-off periods mandated under state law, like in Minnesota or under labor contracts negotiated by police unions. Cooling-off periods prohibit investigators from interviewing officers sometimes as long as 10 days after an incident. They give police officers a chance to learn the facts uncovered in the investigation and also to get their storylines straight. Cooling-off periods can cover up misconduct, isn't that correct?

Attorney Gupta: That is correct.

Rep. Johnson: Is it time for federal law to mandate restrictions on cooling-off periods as has been mandated by the Department of Justice in consent decrees in Los Angeles, Seattle, Albuquerque, and Portland?

Attorney Gupta: The Justice Department specifically put those provisions into consent increase because they were a problem, not only in individual investigations, but undermined the community's faith in the fairness of an investigation with setting up two different sets of rules.

Rep. Nadler: The gentlemen from Georgia's time is expired.

The hearing featured the testimony of Philonise Floyd, Houston, TX; Vanita Gupta, President and CEO The Leadership Conference on Civil & Human Rights; Chief Art Acevedo, President Major Cities Chiefs Association; Pastor Darrell Scott, Pastor at New Spirit Revival Center; Sherrilyn Ifill, President and Director-Counsel NAACP Legal Defense and Educational Fund, Inc.; Paul Butler, The Albert Brick Professor in Law at Georgetown Law School; Angela Underwood Jacobs, Lancaster, CA; Ben Crump, President and Founder of Ben Crump Trial Lawyer for Justice;

Ron Davis, Chair, Legislative Committee for National Organization of Black Law Enforcement Executives; Daniel Bongino, Host of The Dan Bongino Show; Phillip Goff, Co-Founder and President of Center for Policing Equity; Marc Morial, President and Chief Executive Officer of the National Urban League.