Ferguson Revisited

2 min read

Protests continue in Ferguson, Missouri in response to the death of 18-year old Michael Brown on Aug. 9th. Here's a recap of the investigation of Brown's death, and how Congress has responded.

At the request of Attorney General Eric Holder, Department of Justice leadership traveled to Ferguson, Missouri, for meetings with the city and the community on Oct. 2 – 3. They met with Ferguson City and Ferguson Police Department leadership regarding the ongoing "pattern and practice investigation" into FPD. Officials from the Office of Community Oriented Policing Service (COPS) also attended law enforcement leadership meetings in Ferguson and St. Louis County as part of COPS’s efforts "to provide technical assistance to the police department on an ongoing basis." (Read the full statement).

In August, President Obama announced that the Justice Department has opened an independent federal civil rights investigation into the death of Michael Brown: "They are on the ground and, along with the FBI, they are devoting substantial resources to that investigation."

Last week, Senator Rand Paul (R-KY) visited Ferguson to speak with civil rights leaders. During his visit, he stated his concerns about long prison sentences for nonviolent crimes and military programs to give unused equipment to local police departments. Senator Paul wrote:

Washington has incentivized the militarization of local police precincts by using federal dollars to help municipal governments build what are essentially small armies—where police departments compete to acquire military gear that goes far beyond what most of Americans think of as law enforcement." (Read his piece in Time.)

While Senator Paul hasn’t introduced a bill related to de-militarizing local law enforcement, a bill was introduced in the House by Rep. Hank Johnson (D-GA):

  • HR 5478: Stop Militarizing Law Enforcement Act –Bipartisan– Would "end the free transfers of certain aggressive military equipment to local law enforcement and ensure that all equipment can be accounted for," according to the bill sponsor, Rep. Henry "Hank" Johnson (D-GA). The bill targets a Pentagon surplus program that transfers military equipment like mine-resistant ambush-protected vehicles to local governments, including MRAPs (Mine-Resistant Ambush Protected) vehicles.

    A "Dear Colleague" letter from Rep. Johnson stated: "Our main streets should be a place for business, families, and relaxation, not tanks and M16s. Unfortunately, due to a Department of Defense (DOD) Program that transfers surplus DOD equipment to state and local law enforcement, our local police are quickly beginning to resemble paramilitary forces."

Related Bills

  • HR 4934: Regulatory Agency De-militarization (RAD) Act –Bipartisan– To prohibit certain Federal agencies from using or purchasing certain firearms. "In recent years, numerous federal regulatory agencies – including the National Oceanic and Atmospheric Administration, the Food and Drug Agency and the Department of Education – have created their own special law enforcement teams to conduct their own arrests and raids. This is in part a product of the 2002 Homeland Security Act, which gave most Offices of Inspector General arrest and firearm authority," according to the bill sponsor, Rep. Chris Stewart (R-UT).
  • HR 2851: End Racial Profiling Act (Also S 1038 in the Senate.) According to bill sponsors, it provides a prohibition on racial profiling, enforceable by declaratory or injunctive relief; and mandates training on racial profiling issues as part of Federal law enforcement training, the collection of data on all routine or spontaneous investigatory activities that is to be submitted through a standardized form to the Department of Justice. The receipt of federal law enforcement and other funds that go to state and local governments is conditioned on their adoption of effective policies that prohibit racial profiling.
  • HR 3069: Shield Our Streets Act Authorizes the Attorney General to carry out a program, through the Office of Community Oriented Policing Services, to award grants to assist eligible local law enforcement agencies with hiring and training new law enforcement officers and with rehiring career law enforcement officers who have been laid off as a result of budget reductions.