“There is one criminal justice system for citizens — especially black and brown ones — and another for police in the United States.” —Redditt Hudson, former St. Louis officer
By John Whithead / Rutherford Institute
President Trump needs to be reminded that no one is above the law, especially the police.
Unfortunately, Trump and Jeff Sessions, head of the Justice Department (much like their predecessors) appear to have few qualms about giving police the green light to kill, shoot, taser, abuse and steal from American citizens in the so-called name of law and order.
Between Trump’s pandering to the police unions and Sessions’ pandering to Trump, this constitutionally illiterate duo has opened the door to a new era of police abuses.
As senior editor Adam Serwer warns in The Atlantic, “When local governments violate the basic constitutional rights of citizens, Americans are supposed to be able to look to the federal government to protect those rights. Sessions has made clear that when it comes to police abuses, they’re now on their own. This is the principle at the heart of ‘law and order’ rhetoric: The authorities themselves are bound by neither.”
2 sets of laws, one for you, one for him
Brace yourselves: things are about to get downright ugly.
By shielding police from charges of grave misconduct while prosecuting otherwise law-abiding Americans for the most trivial “offenses,” the government has created a world in which there are two sets of laws: one set for the government and its gun-toting agents, and another set for you and me.
No matter which way you spin it, “we the people” are always on the losing end of the deal.
If you’re a cop in the American police state, you can now break the law in a myriad of ways without suffering any major, long-term consequences.
Indeed, not only are cops protected from most charges of wrongdoing—whether it’s shooting unarmed citizens (including children and old people), raping and abusing young women, falsifying police reports, trafficking drugs, or soliciting sex with minors—but even on the rare occasions when they are fired for misconduct, it’s only a matter of time before they get re-hired again.
For example, Oregon police officer Sean Sullivan was forced to resign after being accused of “grooming” a 10-year-old girl for a sexual relationship. A year later, Sullivan was hired on as a police chief in Kansas.
St. Louis police officer Eddie Boyd III was forced to resign after a series of incidents in which he “pistol-whipped a 12-year-old girl in the face in 2006, and in 2007 struck a child in the face with his gun or handcuffs before falsifying a police report,” he was quickly re-hired by another Missouri police department.
As The Washington Post reports: “In the District, police were told to rehire an officer who allegedly forged prosecutors’ signatures on court documents. In Texas, police had to reinstate an officer who was investigated for shooting up the truck driven by his ex-girlfriend’s new man. In Philadelphia, police were compelled to reinstate an officer despite viral video of him striking a woman in the face. In Florida, police were ordered to reinstate an officer fired for fatally shooting an unarmed man.”
Much of the “credit” for shielding these rogue cops goes to influential police unions and laws providing for qualified immunity, police contracts that “provide a shield of protection to officers accused of misdeeds and erect barriers to residents complaining of abuse,” state and federal laws that allow police to walk away without paying a dime for their wrongdoing, and rampant cronyism among government bureaucrats.
Whether it’s at the federal level with President Trump, Congress and the Judiciary, or at the state and local level, those deciding whether a police officer should be immune from having to personally pay for misbehavior on the job all belong to the same system, all with a vested interest in protecting the police and their infamous code of silence: city and county attorneys, police commissioners, city councils and judges.
It’s a pretty sweet deal if you can get it, I suppose: protection from the courts, immunity from wrongdoing, paid leave while you’re under investigation, the assurance that you won’t have to spend a dime of your own money in your defense, the removal of disciplinary charges from your work file, and then the high probability that you will be rehired and returned to the streets.
It’s a chilling prospect, isn’t it?
Bad cops quickly rehired
According to the New York Times, “Some experts say thousands of law enforcement officers may have drifted from police department to police department even after having been fired, forced to resign or convicted of a crime.”
It’s not safe to be one of the “little people” in the American police state.
Consider what happened in San Antonio, Texas.
In 2006, police officer Jackie Neal was accused of putting his hands inside a woman’s panties, lifting up her shirt and feeling her breasts during a routine traffic stop. He remained on the police force. In 2007, Neal was accused of digitally penetrating another woman. Still, he wasn’t fired or disciplined.
In 2013, Neal — then serving as supervisor of the department’s youth program —was suspended for three days for having sex with a teenage girl participating in the program. As Reuters reports, “Neal never lost a dime in pay or a day off patrol: The union contract allowed him to serve the suspension using vacation days.”
Later that same year, Neal was arrested on charges that he handcuffed a woman in the rear seat of his police vehicle and then raped her. He was eventually fined $5,000 and sentenced to 14 months in prison, with five months off for “work and education.” The taxpayers of San Antonio got saddled with $500,000 to settle the case.
Now here’s the kicker: when the local city council attempted to amend the police union contract to create greater accountability for police misconduct, the police unions flexed their muscles and engaged in such a heated propaganda campaign that the city backed down.
It’s happening all across the country.
This is how perverse justice in America has become.
Special rights for officers
Our Bill of Rights has been torn to shreds, and the cops have replaced it with their own Bill of Rights: the Law Enforcement Officers’ Bill of Rights (LEOBoR), which protects them from being subjected to the kinds of debilitating indignities heaped upon the average citizen. In Tennessee Rep. Gerald McCormick of Chattanooga has sponsored such a bill.
Incredibly, while our own protections against government abuses continue to be dismantled, a growing number of states are adopting LEOBoRs — written by police unions — which provides police officers accused of a crime with special due process rights and privileges not afforded to the average citizen.
In other words, the LEOBoR protects police officers from being treated as we are treated during criminal investigations: questioned unmercifully for hours on end, harassed, harangued, browbeaten, denied food, water and bathroom breaks, subjected to hostile interrogations, and left in the dark about our accusers and any charges and evidence against us.
Not only are officers given a 10-day “cooling-off period” during which they cannot be forced to make any statements about the incident, but when they are questioned, it must be “for a reasonable length of time, at a reasonable hour, by only one or two investigators (who must be fellow policemen), and with plenty of breaks for food and water.”
According to investigative journalist Eli Hager, the most common rights afforded police officers accused of wrongdoing are as follows:
- If a department decides to pursue a complaint against an officer, the department must notify the officer and his union.
- The officer must be informed of the complainants, and their testimony against him, before he is questioned.
- During questioning, investigators may not harass, threaten, or promise rewards to the officer, as interrogators not infrequently do to civilian suspects.
- Bathroom breaks are assured during questioning.
- In Maryland, the officer may appeal his case to a “hearing board,” whose decision is binding, before a final decision has been made by his superiors about his discipline. The hearing board consists of three of the suspected offender’s fellow officers.
- In some jurisdictions, the officer may not be disciplined if more than a certain number of days (often 100) have passed since his alleged misconduct, which limits the time for investigation.
- Even if the officer is suspended, the department must continue to pay salary and benefits, as well as the cost of the officer’s attorney.
These LEOBoRs epitomize everything that is wrong with America today.
As Redditt Hudson, a former St. Louis police officer, noted, “We all know — either from personal experience or the experience of someone close to us — that there are officers that will violate citizens’ human rights and civil liberties with impunity and who are comfortable in the knowledge that the system will protect and cover for their actions… These inequities have led, inexorably, to the current national crisis in police-community relations – and the best way forward is to make sure we severely punish officers that violate the rights of the citizens they serve. They must be held accountable for their actions.”
Now once in a while, the system appears to work on the side of justice.
Every so often, police officers engaged in wrongdoing are actually charged for abusing their authority and using excessive force against American citizens.
And occasionally, those officers are even sentenced for their crimes against the citizenry.
Taxpayers bear cost of huge injury payouts
Yet in just about every case, it’s still the American taxpayer who foots the bill.
For example, Baltimore taxpayers have paid roughly $5.7 million since 2011 over lawsuits stemming from police abuses, with an additional $5.8 million going towards legal fees.
New York taxpayers have shelled out almost $1,130 per year per police officer (there are 34,500 officers in the NYPD) to address charges of misconduct. That translates to $38 million every year just to clean up after these so-called public servants.
Over a 10-year-period, Oakland, Calif., taxpayers were made to cough up more than $57 million (curiously enough, the same amount as the city’s deficit back in 2011) in order to settle accounts with alleged victims of police abuse.
Chicago taxpayers were asked to pay out nearly $33 million on one day alone to victims of police misconduct, with one person slated to receive $22.5 million, potentially the largest single amount settled on any one victim. The City has paid more than half a billion dollars to victims over the course of a decade. The Chicago City Council actually had to borrow $100 million just to pay off lawsuits arising over police misconduct in 2013. The city’s payout for 2014 was estimated to be in the same ballpark, especially with cases pending such as the one involving the man who was reportedly sodomized by a police officer’s gun in order to force him to “cooperate.”
Over 78% of the funds paid out by Denver taxpayers over the course of a decade arose as a result of alleged abuse or excessive use of force by the Denver police and sheriff departments.
That’s just a small sampling of the most egregious payouts, but just about every community—large and small—feels the pinch when it comes to compensating victims who have been subjected to deadly or excessive force by police.
The ones who rarely ever feel the pinch are the officers accused or convicted of wrongdoing, “even if they are disciplined or terminated by their department, criminally prosecuted, or even imprisoned.”
In fact, police officers are more likely to be struck by lightning than be held financially accountable for their actions.
A study published in the NYU Law Review reveals that 99.8% of the monies paid in settlements and judgments in police misconduct cases never come out of the officers’ own pockets, even when state laws require them to be held liable. Moreover, these officers rarely ever have to pay for their own legal defense.
For instance, law professor Joanna C. Schwartz references a case in which three Denver police officers chased and then beat a 16-year-old boy, stomping “on the boy’s back while using a fence for leverage, breaking his ribs and causing him to suffer kidney damage and a lacerated liver.”
The cost to Denver taxpayers to settle the lawsuit: $885,000. The amount the officers contributed: 0.
Kathryn Johnston, 92 years old, was shot and killed during a SWAT team raid that went awry. Attempting to cover their backs, the officers falsely claimed Johnston’s home was the site of a cocaine sale and went so far as to plant marijuana in the house to support their claim.
The cost to Atlanta taxpayers to settle the lawsuit: $4.9 million. The amount the officers contributed: 0.
Meanwhile, in Albuquerque, a police officer was convicted of raping a woman in his police car, in addition to sexually assaulting four other women and girls, physically abusing two additional women, and kidnapping or falsely imprisoning five men and boys.
The cost to the Albuquerque taxpayers to settle the lawsuit: $1 million. The amount the officer contributed: 0.
Human Rights Watch notes that taxpayers actually pay three times for officers who repeatedly commit abuses: “once to cover their salaries while they commit abuses; next to pay settlements or civil jury awards against officers; and a third time through payments into police ‘defense’ funds provided by the cities.”
Still, the number of times a police officer is actually held accountable for wrongdoing while on the job is miniscule compared to the number of times cops are allowed to walk away with little more than a slap on the wrist.
Trust me, this is a recipe for disaster.
“In a democratic society,” observed Oakland police chief Sean Whent, “people have a say in how they are policed.”
As I point out in my book Battlefield America: The War on the American People, America is a constitutional republic, not a democracy, which means that “we the people” not only have a say in how we are policed—we are the chiefs of police.
Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His book Battlefield America: The War on the American People (SelectBooks, 2015) is available online at www.amazon.com. He can be contacted at email@example.com. Click here to read more of John Whitehead’s commentaries.