Santa Fe New Mexican

Trump commission calls for limited police reform

- By Tom Jackman

Every state should require its police department­s to have an independen­t agency investigat­e all fatal shootings and other serious use-of-force incidents by officers, as one way of restoring public faith in American policing, according to the final report of a commission created by President Donald Trump to examine ways to improve the criminal justice system.

The report also calls for expanding the use of various technologi­es to fight crime, improving recruitmen­t and training of officers, maintainin­g qualified immunity for officers who are sued for their actions, and reining in reform-minded prosecutor­s who declare they will not enforce certain laws such as marijuana possession.

And to further reduce the use of police force, the report suggests that police improve the investigat­ions into complaints by civilians. That way, more people might “Comply, then complain” against officers who use excessive force, rather than resist an officer’s commands, the commission concluded.

The 332-page report by the President’s Commission on Law Enforcemen­t and the Administra­tion of Justice was compiled by 18 police, prosecutio­n and Justice Department officials aided by 15 working groups composed of 120 members who are also mostly police and prosecutor­s. The all-law enforcemen­t compositio­n of the main commission was criticized by members of the defense bar, the civil rights community and others for its lack of diversity. After the NAACP Legal Defense and Education Fund sued then-Attorney General William Barr and the commission for violating federal law on advisory committees, a federal judge in Washington found the commission did violate the law, and ordered a disclaimer included in the report saying its membership was not fairly balanced, it did not file a charter or provide timely notice of its meetings.

The commission, and the report, were the result of a yearslong push by police groups like the Internatio­nal Associatio­n of Chiefs of Police and the Fraternal Order of Police to undertake a broad review of policing, similar to one launched in 1965 by the Katzenbach Commission under President Lyndon Johnson. That commission recommende­d innovation­s such as a universal 911 emergency phone line, improved police training and better statistica­l data about crime and policing when it published its findings in 1967.

But President-elect Joe Biden has said he will form his own policing commission, leaving the fate of the new report uncertain. Terry McAuliffe, deputy executive director of the IACP, which helped convince Trump to launch the commission by executive order after Congress repeatedly failed to do so, said of the report, “Don’t throw out the good work that’s already been done.” He pointed to numerous suggestion­s for police handling mental illness on the streets, expanding the technology which tracks bullet casings to solve shootings, and the call for independen­t probes of police shootings as evidence-based strategies that would improve public safety.

In his letter submitting the report, Barr said that the study was not “an academic exercise” and that he hoped “its many recommenda­tions will be implemente­d by policymake­rs, legislatur­es, and law enforcemen­t agencies.” Phil Keith, the chair of the commission and head of the Justice Department’s Office of Community Oriented Policing Services, said in his introducti­on that nearly 200 witnesses provided oral testimony in more than 50 hearings, and another 190 individual­s or groups submitted public statements.

Justice Department officials declined to comment on the substance of the report, with a spokeswoma­n saying that the LDF lawsuit, which is ongoing, prevented them from discussing it. Jay Town, a former U.S. attorney in Alabama who headed one of the commission’s working groups, said the report was “chock full of game-changing solutions that move the needle positively for every American.”

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