Greater Justice is Coming: Taking on Abusive and Deadly Policing with New DOJ Leadership

Thanks to the voters who elected President Joe Biden and Vice President Kamala Harris, we now have a Department of Justice that actually cares about justice. 

Ben JealousAnd I am not just talking about justice as an idea. I am talking about a Department of Justice that is willing to take on abusive policing and law enforcement agencies that are corrupted by racism. 

In his first month on the job, U.S. Attorney General Merrick Garland reversed a Trump-era policy that made it harder for the Justice Department to investigate police departments and hold them accountable for violating people’s civil rights. 

And he was just getting started. In the past few weeks, the Justice Department has announced that it is starting an investigation of the police departments in Minneapolis—where George Floyd was murdered by former officer Derek Chauvin while other officers watched. The Minnesota AFL-CIO has called the city’s police union a white supremacist-led organization. 

The Justice Department has also launched an investigation of policing practices in Louisville, where Breonna Taylor was shot to death in her own home. 

These investigations will look at more than those individual killings. This kind of “patterns and practices” investigation looks at the big picture to determine whether and how a law enforcement agency is violating people’s civil rights. They are a way to evaluate—and do something about—the impact that systemic racism has in a police department and the communities it is supposed to serve. 

“Patterns and practices” investigations can lead to consent decrees--agreements that require police departments to change the way they operate, with oversight from the Justice Department to make sure change actually happens. 

In the past, Justice Department investigations and consent decrees have been important tools for getting violent police behavior under control and changing abusive cultures in out-of-control departments. 

When the Trump administration shut down this kind of investigation, it sent a signal to police departments that the Justice Department would look the other way rather than hold them responsible for misconduct. Of course, Trump himself repeatedly made it clear that he was not opposed to violent policing. In fact, he encouraged it. 

President Biden has spoken personally about the importance of ending police violence and reimagining public safety. He has called on Congress to pass the imperfect but important George Floyd Justice in Policing Act. 

Another good sign was the announcement that the FBI is doing a civil rights investigation of the killing of Andrew Brown, Jr., who was shot in the back of the head by police in Elizabeth City, North Carolina. 

All of these are important steps in protecting Americans, especially Black Americans, from abusive policing. 

President Biden has also spoken out against Republicans’ racist efforts to pass new voting restrictions in states all over the country. Biden has called those efforts “sick” and we can count on his Justice Department to do what they can to challenge voter suppression—even though right-wing justices on the U.S. Supreme Court have greatly weakened the tools that the Voting Rights Act gave the department to prevent Black voters from having their rights denied. The Justice Department’s Civil Rights Division has just written the Arizona Senate president to raise concerns that a bogus “audit” of ballots from last year’s presidential election that is being conducted by private contractors from the so-called “Stop the Steal” movement could be violating the Voting Rights Act.

There are more signs that we can expect changes at the Justice Department. Associate Attorney General Vanita Gupta, who was recently confirmed by the U.S. Senate, started her career as a civil rights attorney by winning freedom for dozens of mostly Black people wrongly jailed in a small Texas town. And the Senate should soon confirm Kristen Clarke to head the civil rights division, where she started her legal career investigating police conduct, hate crimes, and human trafficking. 

Together with President Biden and Attorney General Garland, Gupta and Clarke will save lives, defend civil rights, and give millions of Americans hope that greater justice is coming. 

Ben Jealous serves as president of People For the American Way and People For the American Way Foundation. Jealous has decades of experience as a leader, coalition builder, campaigner for social justice and seasoned nonprofit executive. In 2008, he was chosen as the youngest-ever president and CEO of the NAACP. He is a graduate of Columbia University and Oxford, where he was a Rhodes Scholar, and he has taught at Princeton and the University of Pennsylvania.