The Middletown Press (Middletown, CT)
BLOCK, AMEND OR PASS?
Senate Democrats prepare for police reform vote
WASHINGTON — Democrats are strategizing about how to turn their police reform ideas into law ahead of a key faceoff with Senate Republicans in the coming week.
Senate Republicans revealed their policing bill on Wednesday and announced they would quickly bring it to the vote.
As much of the nation clamors for action to address racism and police brutality, Democrats are now making a complicated political calculation: Do they block the Republican bill in order to hold out for their own proposal and risk looking like obstructionists, or support a bill that many advocates and Democrats think won’t result in real change?
Although Sens. Richard Blumenthal and Chris Murphy, D-Conn., aren’t up for re-election this year, Senate Democrats are making a full-throated effort to flip the Senate in 2020. A misstep on such a hot and fraught issue could be make-or-break.
“I’m talking to my colleagues about what our strategy should be,” said Blumenthal on Friday.
Crafted by Sen. Tim Scott of South Carolina, the only Black Republican senator, the legislation uses federal funds to encourage changes in training and use of body cameras and discourage use of chokeholds, among other measures.
Democrats, whose bill includes an outright ban on chokeholds, say the legislation doesn’t go far enough, although it share some commonalities with their proposal.
“The Republican bill is better than nothing, but not much better than nothing,” Murphy said. “The legislation we have introduced has real teeth in it.”
Democrat’s Justice in
Policing Act would require police to report use of force data, increase body camera usage, block them from receiving some military equipment and place negligent officers on a national registry. It bans chokeholds and no-knock warrants. The bill would change the federal standard for prosecuting police misconduct from “willfulness” to “recklessness” eliminating the need to prove intent.
One of the most controversial parts of the proposed bill would limit qualified immunity for police officers, a law that gives such officials legal protection for actions performed on the job. The change could open cities and police departments to fault in lawsuits when police officers violate individuals’ constitutional rights.
White House Press Secretary Kayleigh McEnany and many Senate Republicans have indicated that change is a non-starter. They worry it would go too far to expose police to litigation, making them fearful to do their jobs.
Both the Democratic bill and Republican’s Justice Act would make lynching a federal crime. Both bills increase federal data collection on policing — the Republican bill gathers information on use of force and no-knock warrant use — and attempt to reform training and hiring practices.
“The murder of George Floyd and its aftermath made clear from sea to shining sea that action must be taken to rebuild lost trust between communities of color and law enforcement,” Scott said. “The Justice Act takes smart, commonsense steps to address these issues, from ending the use of chokeholds and increasing the use of body worn cameras, to providing more resources for police departments to better train officers and make stronger hiring decisions.”
But Democrats say their bill makes it easier for prosecutors to hold police accountable when they act inappropriately.
“The Republican proposal is unacceptably weak,” Blumenthal said. “I don’t know how I could support it as it is currently written.”
Senate Democratic Leader Charles Schumer called the Republican proposal on Wednesday a “bad bill” and said Democrats are “figuring out what to do with it.”
Democrats were similarly dismissive of President Donald Trump’s executive order on policing, which would use federal funds to encourage police to report excessive use of force data, become independently credentialed and employ social workers to repond to mental health, substance abuse and homelessness cases. For what it’s worth, Trump encouraged Democrats and Republicans to work together to pass further legislation beyond his order.
Senate Republicans need the support of at least seven Democrats to start debate on the bill and end it, before the measure moves to a final vote. The Democratic caucus is now plotting whether they should allow debate to begin and attempt to amend the Republican proposal, or block the Republican proposal before it ever gets liftoff and try other tactics.
“I don’t know how I will vote on the procedural motions that will proceed,” Murphy said Friday. “In order to proceed to a debate and a final vote, we need to see a pathway in order to make that bill more than just a box checking exercise.”
In the U.S. House of Representatives, the Democratic majority can pass the Justice in Policing Act with a simple majority. The House Judiciary committed approved the bill on a party line vote late Wednesday night after hours of debate, heated exchanges and finger pointing. The House is expected to bring the bill to the floor this month.