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Friday, June 05, 2020

Attorney General Frosh Urges Congress to Give State Attorneys General Authority to Investigate Unconstitutional Policing

BALTIMORE, MD – Maryland Attorney General Brian E. Frosh today joined a coalition of 18 attorneys general urging Congress to expand federal law to give state attorneys general clear statutory authority to investigate patterns or practices of unconstitutional policing.

In a letter issued to Congressional leadership, the coalition is asking Congress to expand the law enforcement misconduct section of the Violent Crime Control and Law Enforcement Act of 1994, which was enacted following the severe beating of Rodney King by Los Angeles Police Department officers in 1991. The coalition argues that attorneys general should have authority to investigate and resolve patterns or practices of unconstitutional policing, particularly in the event that the U.S. Department of Justice (DOJ) fails to use its authority to act.

“Our nation is in the midst of turmoil following yet another instance of police brutality against black people,” said Attorney General Frosh. “We must act with urgency at all levels of government to bring justice to victims and eliminate the systemic failures that cause and allow police brutality to continue. We are asking Congress to give attorneys general the authority to conduct pattern-or-practice investigations, and the tools to bring enforcement actions when the federal government is unwilling to act.”

The attorneys general are calling on Congress to take urgent action as thousands of Americans march in cities throughout the country to protest police brutality and the systemic failures that cause and allow misconduct to perpetuate. The coalition is asking Congress to grant statutory authority to conduct “pattern-or-practice” investigations, to obtain data regarding excessive use of force by law enforcement officers, and to bring appropriate actions in federal court to ensure constitutional policing in states, in particular when the federal government is unwilling or unable to act.

According to the attorneys general, the DOJ initiated 69 pattern-or-practice investigations between 1994 and 2017, which resulted in 40 court-enforceable consent decrees. However since 2017, the DOJ has largely curtailed the ability of federal law enforcement to use court-enforced agreements to reform local police departments. Since January 2017, the DOJ has initiated zero pattern-or-practice investigations into police conduct and has not entered any consent decrees. The attorneys general state that the DOJ’s refusal to address the pervasive problem of police misconduct has left communities without critical civil rights protections. As a remedy, the coalition is asking Congress to authorize state attorneys general, in addition to the DOJ, to investigate complaints of pattern-or-practice violations through the use of investigative subpoenas, which the DOJ has proposed in the past to help strengthen its oversight capacity.

In addition, the coalition is asking that attorneys general be granted authority to gather data about the use of excessive force by law enforcement officers. Such data would be essential when identifying law enforcement agencies that have above-average rates of excessive force complaints, which can also help identify at-risk law enforcement agencies before a devastating incident occurs. For example, the former Minneapolis police officer accused of killing 46-year-old George Floyd on May 25 had 18 prior complaints filed against him with the Minneapolis Police Department’s Internal Affairs.

According to a 2018 report issued by the U.S. Commission on Civil Rights, people of color comprise less than 38 percent of the nation’s population, yet make up almost 63 percent of unarmed people killed by police. Additionally, unlawful use of force by police officers rarely leads to discipline, termination or criminal punishment. The advocacy group Mapping Police Violence found that 99 percent of police killings from 2014 to 2019 did not result in officers being charged with or convicted of a crime.

Joining Attorney General Frosh in filing the comment letter are the attorneys general of California, Delaware, Hawaii, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Virginia, and Vermont.

14 comments:

  1. Another campaign message brought to you by AG Frosh. With all of his extracurriculars, I wonder if he has time left over to attend to the business of Maryland citizens.

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  2. If Barr let’s the activists AGs to investigate cops on liberal theory’s you might as well forget le. It will be over. The same AGs are suing the whites house over cow farts, his taxes and supported impeachment should never get the power to do this. Same AGs that were against travel bans, support sanctuary cities and now want to enforce lock down orders

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  3. Fresh is the most joining person I know. It’s hard these days to keep memberships up.

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  4. Relax moron. You and Hogan won't be around long enough to do anything.

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  5. And while Congress is at it (seldom there), give police authority to investigate unconstitutional state attorneys

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  6. How about this. The feds investigation dirty crooked communist attorney generals

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  7. Frosh does not care. He is Never Trump and all he wants to do is dig up dirt that can be used against Trump. Thanks to Hogan. If He wants to investigate, start there. start with Hogan and Franchot.

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  8. It's a pack of Democrat AGs; they move in lockstep. One does the work and the rest hop on the tailgate for a free ride.

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  9. Frosh is a Democrat and was a member of the Assembly before being elected AG. The Governor in Maryland has very little control over the AG, and even less over Frosh since the legislature gave him a princely sum to litigate with as he pleases. Not Hogan's doing or fault.

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  10. And now he wants authority to enforce federal laws but does not want to help with the enforcement of federal laws! Can't have it both ways idiot!!

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  11. Another Liberal Socialist agenda. I thought law enforcement was supposed to be neutral except for the defense of our Constitution.

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  12. Frosh is part of the Judicial Branch which already has the responsibility of having a check on the Executive branch(police and governor)

    His comment makes no sense except to show he is unaware of his actual duties. He thinks he is there to rail against Trump and that's it.

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  13. Politically, Frosh is a leftist-weirdo nut job, who, unfortunately, is in a position of power. He is pushing his political agenda via lawsuits and the taxpayers are paying for his legal "services".
    He seems to have a desperate need to prove how much he hates Trump and how WOKE he is in order to gain attention. He must have been deprived of sufficient love and attention as a child.

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  14. Luciferian goose steeper..he is not fooling me. One of straws in the MD camels back.

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