1 00:00:00,080 --> 00:00:02,400 Speaker 1: It's been less than two months since Jeff Sessions took 2 00:00:02,400 --> 00:00:05,120 Speaker 1: the oath to become Attorney General, and he's already presiding 3 00:00:05,200 --> 00:00:08,039 Speaker 1: over a number of major changes covering law and order, 4 00:00:08,119 --> 00:00:11,600 Speaker 1: voting rights, and immigration enforcement. This week, he ordered a 5 00:00:11,600 --> 00:00:14,680 Speaker 1: sweeping review of dozens of civil rights agreements. His Justice 6 00:00:14,720 --> 00:00:18,680 Speaker 1: Department reached with not his Justice Department, the Barack Obama 7 00:00:18,720 --> 00:00:22,560 Speaker 1: Justice Department, whether reached with local police departments. With us 8 00:00:22,600 --> 00:00:25,040 Speaker 1: to talk about what some people are calling a seizement 9 00:00:25,160 --> 00:00:28,760 Speaker 1: shift seismic shift at the Justice Department is Ames Grout, 10 00:00:28,880 --> 00:00:32,840 Speaker 1: He's counsel in the Brennan Center's Justice Program. James, thanks 11 00:00:32,880 --> 00:00:37,000 Speaker 1: for joining us. One thing Jeff Session said with this 12 00:00:37,400 --> 00:00:41,120 Speaker 1: UH announcement about the review of the agreements with police 13 00:00:41,120 --> 00:00:44,840 Speaker 1: departments was he said, quote, the misdeeds of individual bad 14 00:00:44,840 --> 00:00:48,120 Speaker 1: actors should not impugne or undermine the legitimate and honorable 15 00:00:48,120 --> 00:00:52,800 Speaker 1: work that law enforcement officers and agencies perform. UH. It's 16 00:00:52,840 --> 00:00:55,360 Speaker 1: hard to argue with that. What what? What's what? If 17 00:00:55,400 --> 00:00:58,200 Speaker 1: anything is wrong with what Jeff Sessions UH is doing 18 00:00:58,200 --> 00:01:01,520 Speaker 1: with this review assurance Well, first, thanks for heaving me 19 00:01:01,560 --> 00:01:02,880 Speaker 1: on the show and thrilled to be able to sneak 20 00:01:02,880 --> 00:01:06,399 Speaker 1: with you today. Um So, the one surprising thing that 21 00:01:06,400 --> 00:01:10,480 Speaker 1: that comment brings up is a couple It originates in 22 00:01:10,520 --> 00:01:13,120 Speaker 1: a comment Sessions made a couple weeks ago where he 23 00:01:13,160 --> 00:01:17,560 Speaker 1: said that he thought reviews begun by a President Obama's 24 00:01:17,560 --> 00:01:21,959 Speaker 1: Justice Department and implemented or in the process of process 25 00:01:21,959 --> 00:01:26,080 Speaker 1: of implementation, were based on anecdotal findings about individual police 26 00:01:26,080 --> 00:01:28,240 Speaker 1: officers who had done bad things that didn't reflect on 27 00:01:28,280 --> 00:01:30,920 Speaker 1: the department. Like you say, I think anyone could agree 28 00:01:30,959 --> 00:01:33,800 Speaker 1: that if if it's a single officer who's doing something wrong, 29 00:01:33,920 --> 00:01:36,119 Speaker 1: that shouldn't be imputed to the broader department. But that's 30 00:01:36,120 --> 00:01:39,480 Speaker 1: not what the Justice Department found in Sessions has conceded 31 00:01:39,560 --> 00:01:42,039 Speaker 1: he he hasn't actually read many of these studies. He 32 00:01:42,040 --> 00:01:45,280 Speaker 1: hasn't read the proposed consent decrease. What the reports of 33 00:01:45,280 --> 00:01:48,240 Speaker 1: the Obama Justice Department found, and what these consent to 34 00:01:48,280 --> 00:01:51,840 Speaker 1: creates are designed to address our patterns and practices of 35 00:01:51,880 --> 00:01:54,880 Speaker 1: abuse of behavior by local police departments. In the case 36 00:01:54,960 --> 00:01:58,200 Speaker 1: of the Baltimore report that led to the Penning Baltimore 37 00:01:58,240 --> 00:02:01,880 Speaker 1: Consent Decree, the Justice Department sund a pattern practice not 38 00:02:01,960 --> 00:02:06,440 Speaker 1: isolated to a single officer of UM police officers engaging 39 00:02:06,440 --> 00:02:09,680 Speaker 1: in unlawful stops and singling out members of communities of color. 40 00:02:10,320 --> 00:02:11,799 Speaker 1: So how much of an impact do you think this 41 00:02:11,919 --> 00:02:14,160 Speaker 1: review is going to have? Obviously, some of these agreements 42 00:02:14,200 --> 00:02:18,160 Speaker 1: are already have already been improved by by courts. Can 43 00:02:18,280 --> 00:02:21,799 Speaker 1: Jeff Sessions really change a whole lot? So? I think 44 00:02:21,840 --> 00:02:24,720 Speaker 1: today's hearing, what there was a hearing today in the 45 00:02:24,720 --> 00:02:27,440 Speaker 1: Baltimore Federal Court to address the Baltimore Consent Decree is 46 00:02:27,919 --> 00:02:31,280 Speaker 1: is pretty illustrative of what we might see. Uh Sessions 47 00:02:31,280 --> 00:02:34,079 Speaker 1: had asked for a ninety day period to review the 48 00:02:34,120 --> 00:02:37,280 Speaker 1: consent decree before scheduled hearing in federal court, and the 49 00:02:37,320 --> 00:02:41,040 Speaker 1: Federal Court said no, and seems very skeptical of his 50 00:02:41,080 --> 00:02:43,280 Speaker 1: claims at the hearing today that he wanted to more 51 00:02:43,320 --> 00:02:45,280 Speaker 1: time to review it, that he was suspicious that the 52 00:02:45,440 --> 00:02:48,480 Speaker 1: decree would be effective and addressing problems in the in 53 00:02:48,520 --> 00:02:51,160 Speaker 1: the community. So what we're seeing, I think is what 54 00:02:51,200 --> 00:02:54,000 Speaker 1: we we should probably expect to see, is that Sessions, 55 00:02:54,040 --> 00:02:58,519 Speaker 1: as some authority over um consent to cre negotiations negotiations 56 00:02:58,520 --> 00:03:02,480 Speaker 1: that are still ongoing, certainly has authority over the oversight 57 00:03:02,560 --> 00:03:05,160 Speaker 1: of existing decrees, but he might not be able to 58 00:03:05,200 --> 00:03:10,000 Speaker 1: stop prostitutes that have already started, but he's going to try. 59 00:03:10,000 --> 00:03:14,480 Speaker 1: How about in the way those agreements are enforced? I mean, 60 00:03:14,600 --> 00:03:18,680 Speaker 1: is there, uh you know, a world in which he 61 00:03:18,760 --> 00:03:22,679 Speaker 1: can be more lax than the Justice Department was under 62 00:03:22,720 --> 00:03:26,560 Speaker 1: Barack Obama and essentially let from from the standpoint of 63 00:03:26,600 --> 00:03:30,120 Speaker 1: civil rights advocates, let police departments go back to getting 64 00:03:30,120 --> 00:03:32,880 Speaker 1: away with things they shouldn't get away with. I think 65 00:03:32,919 --> 00:03:35,200 Speaker 1: that's true, and I think that some cause for concern 66 00:03:35,320 --> 00:03:37,920 Speaker 1: if you look at the Baltimore Consent decree and what 67 00:03:38,040 --> 00:03:41,200 Speaker 1: some of these others Greeks have set out, they they 68 00:03:41,240 --> 00:03:44,120 Speaker 1: they either would or have already involved the d J 69 00:03:44,440 --> 00:03:49,000 Speaker 1: in ongoing monitoring of police practices. Uh, some of that, 70 00:03:49,680 --> 00:03:53,680 Speaker 1: some of that can't be stopped. But as Attorney General, 71 00:03:54,000 --> 00:03:56,720 Speaker 1: Sessions can certainly have a say over when and how 72 00:03:56,800 --> 00:03:59,680 Speaker 1: they'll get involved if they find some breach of the agreement. 73 00:04:00,240 --> 00:04:02,480 Speaker 1: So well, let me move on to other things. And 74 00:04:02,480 --> 00:04:05,000 Speaker 1: actually I'll let you pick. Where else do you see, 75 00:04:05,280 --> 00:04:06,760 Speaker 1: you know, I sort of listed a number of things 76 00:04:06,800 --> 00:04:09,680 Speaker 1: at the beginning where Jeff Sessions has has acted and 77 00:04:09,720 --> 00:04:13,280 Speaker 1: made changes. Where else do you see him making an 78 00:04:13,400 --> 00:04:16,800 Speaker 1: especially big impact in his first couple of months so 79 00:04:16,920 --> 00:04:19,080 Speaker 1: one thing, one of the things that we worry about 80 00:04:19,120 --> 00:04:22,520 Speaker 1: here is if you listen to Attorney General Sessions, if 81 00:04:22,520 --> 00:04:26,039 Speaker 1: you listen to the President, they they've tried to they 82 00:04:26,120 --> 00:04:28,680 Speaker 1: tried to drum up a narrative about rising crime in 83 00:04:28,680 --> 00:04:32,200 Speaker 1: the United States. Now, it's true that there's uh crime 84 00:04:32,240 --> 00:04:35,760 Speaker 1: has risen in some cities Chicago, crime has gone up 85 00:04:35,760 --> 00:04:37,920 Speaker 1: and gone down in other cities like Baltimore, in fact, 86 00:04:38,640 --> 00:04:42,000 Speaker 1: but they seem convinced that there's a there's some intending 87 00:04:42,080 --> 00:04:44,520 Speaker 1: crime wave and there's just no evidence to bear that out. 88 00:04:45,040 --> 00:04:48,000 Speaker 1: And what worries me especially is the Justice Department seems 89 00:04:48,000 --> 00:04:50,080 Speaker 1: convinced that the way to head off this crime wave 90 00:04:50,640 --> 00:04:53,240 Speaker 1: is to pull back from police oversight, let police officers 91 00:04:53,320 --> 00:04:56,640 Speaker 1: do what do whatever they want, and that actually there's 92 00:04:56,680 --> 00:04:58,640 Speaker 1: not really a whole lot of evidence for that, even 93 00:04:58,640 --> 00:05:01,719 Speaker 1: among police officers. If you look at how the police 94 00:05:01,760 --> 00:05:05,280 Speaker 1: Department Baltimore spoke about this consent decree, UH, they're saying 95 00:05:05,279 --> 00:05:07,880 Speaker 1: they actually want they want the help of the federal government, 96 00:05:07,920 --> 00:05:11,080 Speaker 1: they want the help of outsiders and helping solve problems 97 00:05:11,120 --> 00:05:13,480 Speaker 1: between the Baltimore police and their communities. And I think 98 00:05:13,520 --> 00:05:17,360 Speaker 1: that's it's an important point that police rely on the 99 00:05:17,360 --> 00:05:19,720 Speaker 1: communities they serve to help solve crimes, and if they 100 00:05:19,720 --> 00:05:22,120 Speaker 1: don't have the trust of those communities, they can't do 101 00:05:22,160 --> 00:05:24,880 Speaker 1: a good job at keeping crime down. So well, what 102 00:05:25,000 --> 00:05:29,279 Speaker 1: worries me the most is this view from Sessions that, um, 103 00:05:29,520 --> 00:05:31,159 Speaker 1: there is a crime way when there's not, and the 104 00:05:31,200 --> 00:05:34,119 Speaker 1: way to to keep the under control is to uh 105 00:05:34,320 --> 00:05:37,200 Speaker 1: not address tensions between police and communities. And that's just 106 00:05:37,240 --> 00:05:40,600 Speaker 1: not so either. Let me jump over to voting rights 107 00:05:40,600 --> 00:05:44,120 Speaker 1: and voter ID laws. The Justice Department under under Sessions 108 00:05:44,120 --> 00:05:47,400 Speaker 1: has pulled out of the case against Texas over its 109 00:05:47,480 --> 00:05:50,680 Speaker 1: voter ID law. You still have civil rights groups who 110 00:05:50,720 --> 00:05:54,400 Speaker 1: oppressing cases like that. Uh doesn't matter that the Justice 111 00:05:54,400 --> 00:05:59,359 Speaker 1: Departments is no longer at least not as aggressively acting 112 00:05:59,400 --> 00:06:01,120 Speaker 1: as a plane to us in some of these cases. 113 00:06:02,000 --> 00:06:05,160 Speaker 1: So I should raise one one one thing with you. Well, 114 00:06:05,320 --> 00:06:07,040 Speaker 1: many of my colleagues work on voting rights. It is 115 00:06:07,120 --> 00:06:10,040 Speaker 1: not my area of expertise, but I certainly agree with you, 116 00:06:10,080 --> 00:06:12,680 Speaker 1: and this is something that we're monitoring our own fields. 117 00:06:12,760 --> 00:06:15,440 Speaker 1: That you know that the Justice Department is the biggest 118 00:06:15,440 --> 00:06:17,680 Speaker 1: plaintiffs in the room. When the Justice Department steps in 119 00:06:17,720 --> 00:06:21,599 Speaker 1: and says we see something wrong with the situation had 120 00:06:21,640 --> 00:06:24,680 Speaker 1: to turn. We actually saw this in criminal justice reform 121 00:06:24,720 --> 00:06:28,599 Speaker 1: as well. Uh. Several private plaintiffs have brought lawsuits against 122 00:06:28,560 --> 00:06:31,679 Speaker 1: the counties saying that uh, their way of handling bail 123 00:06:31,800 --> 00:06:35,000 Speaker 1: lad to um people being locked up just because they 124 00:06:35,000 --> 00:06:37,800 Speaker 1: were poor and not because they'd actually uh committed a 125 00:06:37,839 --> 00:06:40,240 Speaker 1: crime and been convicted of it. UH, And the Justice 126 00:06:40,240 --> 00:06:43,000 Speaker 1: Department actually stepped up, They weighed in. They filed briefs 127 00:06:43,040 --> 00:06:45,400 Speaker 1: that said, you know, we agree with these third party plaintiffs, 128 00:06:45,440 --> 00:06:47,960 Speaker 1: and we think the county should address it. And in 129 00:06:47,960 --> 00:06:50,160 Speaker 1: many cases that's up to shut down shut down the 130 00:06:50,200 --> 00:06:52,560 Speaker 1: debate where a county might say, well, we're going to 131 00:06:52,640 --> 00:06:55,000 Speaker 1: take this to trial. We're gonna litigate with anyone who 132 00:06:55,000 --> 00:06:59,240 Speaker 1: says otherwise. The Justice Department chiming in really changes the 133 00:06:59,240 --> 00:07:03,960 Speaker 1: perspective without that big voice, without that presence. UH, It's 134 00:07:04,000 --> 00:07:06,320 Speaker 1: definitely true that there might be some civil rights issues 135 00:07:06,360 --> 00:07:09,800 Speaker 1: that get less attention than they deserve. Okay, I want 136 00:07:09,800 --> 00:07:12,880 Speaker 1: to thank our guest, Aimes Growerties, counsel in the Brennan 137 00:07:12,920 --> 00:07:17,480 Speaker 1: Center's Justice Program, talking about the uh first couple of 138 00:07:17,480 --> 00:07:21,000 Speaker 1: months of an eventful first couple of months of Jeff 139 00:07:21,080 --> 00:07:25,160 Speaker 1: Sessions time as Attorney General. He is certainly proving to 140 00:07:25,200 --> 00:07:31,360 Speaker 1: be one of the most influential of Donald Trump's cabinet officials. 141 00:07:31,640 --> 00:07:34,920 Speaker 1: He's only been in office for two months. Uh. That's 142 00:07:34,920 --> 00:07:37,560 Speaker 1: it for for this edition of Bloomberg Law. We will 143 00:07:37,600 --> 00:07:40,960 Speaker 1: be back tomorrow, UH, no doubt talking about Neil Gorsage again, 144 00:07:40,960 --> 00:07:43,640 Speaker 1: who may get confirmed to the Supreme Court tomorrow. Thanks 145 00:07:43,640 --> 00:07:46,120 Speaker 1: to our technical technical director Chris try Coming and our 146 00:07:46,120 --> 00:07:50,120 Speaker 1: producer David Suckerman, you can find more legal news at 147 00:07:50,120 --> 00:07:52,840 Speaker 1: Bloomberg Law dot com and Bloomberg Being a dot com