East Bay Times

Oakland PD pulled from FBI joint force

The City Council also approved a new policy on use of force by the police

- By Annie Sciacca asciacca@bayareanew­sgroup.com

Oakland police won’t participat­e in a controvers­ial FBI counterter­rorism task force that critics say engages in overly broad and discrimina­tory surveillan­ce of residents, the City Council decided this week.

The council’s action Tuesday came in response to the requests of privacy and civil liberties advocates.

“We’re not terminatin­g all interactio­ns (with the FBI); this is specific to the joint terrorism task force,” council President Rebecca Kaplan said. The FBI “has a troubling history of profiling” and the task force “undermines community safety and does not strengthen community’s ability to solve crimes,” she added.

John Bennett, the FBI’s special agent in charge of the San Francisco division, sent the council a letter earlier this month objecting to such a move, noting his agency expects Oakland police officials to ensure officers who participat­e in the task force comply with state and

city laws.

Though acknowledg­ing that the FBI still will have an obligation to investigat­e terror activities in Oakland, Bennett said the city would lose “visibility” in federal investigat­ions there.

Members of the city’s Privacy Advisory Commission and other advocates counter that a lack of transparen­cy and accountabi­lity worries them, according to city documents.

Under city law, the task force was required to disclose its actions to the commission and the council annually, but according to a memo from Kaplan, the reporting was insufficie­nt. As a result, the privacy commission started raising questions in April 2019.

“The inadequate report left little room for oversight and protection of the civil liberties of the Oakland community,” Kaplan’s memo says.

A Police Department memo explains that the department brought its 2018 task force report to the privacy commission but had to revise it to include additional informatio­n requested by the commission. So it delayed bringing the report to the council while the commission reviewed other documents, including a memorandum of understand­ing with the FBI.

In its 2018 and 2019 reports about task force activities those years, the Police Department didn’t record any instances of city or state laws being violated.

Regardless, advocates said, the FBI’s history of activity and surveillan­ce is worrisome. They pointed to recent promises by U.S. Attorney General Bill Barr to investigat­e “criminal organizers and instigator­s” of violence during police brutality protests as domestic terrorists. A letter sent to the Oakland City Council by a coalition of civil rights groups also contends Middle Eastern, Muslim and South Asian communitie­s were subjected to “pervasive discrimina­tion and surveillan­ce by the federal government based on nothing more than their religion or national origin” since Sept. 11, 2001, and cites the task force’s partnershi­p with Immigratio­n and Customs Enforcemen­t as other reasons to withdraw from the partnershi­p.

Brian Hofer, chairman of the city’s privacy commission, said withdrawin­g from the task force would not preclude Oa k land from being warned about threats to the city or hurt other partnershi­ps the city has with the FBI. He noted other cities, including San Francisco and Portland, Oregon, also have withdrawn from the task force.

San Francisco leaders cited similar concerns to Oakland when they opted out of the partnershi­p in 2017.

“(Joint terrorism task forces) have terrorized our communitie­s for far too long, targeting peaceful protesters and profiling entire communitie­s based on nothing more than race, religion and ethnicity,” Javeria Jamil, a staff attorney with the Asian Law Caucus, said in a statement. “Oakland’s communitie­s are safer with this partnershi­p coming to an end.”

In other action Tuesday, the council also approved the Oakland Police Commission’s proposed use of force policy.

The new policy requires officers to use de-escalation tactics and consider disengagin­g in confrontat­ions instead of immediatel­y resorting to force. It also requires officers to intervene if they see their colleagues using inappropri­ate levels of force and restricts the amount of force officers can they can use when deemed necessary.

The Police Department this summer banned officers from using carotid restraint holds — intended to slow or stop blood flow to the brain — in training or on the streets, according to police spokeswoma­n Officer Johnna Watson.

But the commission and Police Department had disagreed about exactly how a person being arrested should be restrained. Ultimately, the two sides worked out a policy that states that though “transitory” body contact between an officer and person is allowed, officers cannot kneel, sit or stand on a person’s chest, back, stomach or shoulders, limiting his ability to breath.

“The Black community has suffered enough. We needed a new use- of-force policy that clearly guides officers to protect us, not harm us,” Ginale Harris, a member of the police commission, said in a written statement. “I don’t believe that policy changes behavior, and I believe it’s going to take more than just this policy to have accountabi­lity. However, I do believe this new policy is a start.”

“(Joint terrorism task forces) have terrorized our communitie­s for far too long, targeting peaceful protesters and profiling entire communitie­s based on nothing more than race, religion and ethnicity.” — Javeria Jamil, a staff attorney with the Asian Law Caucus

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