This is edited from remarks made by U.S. Attorney General Eric Holder in Washington, D.C. on Tuesday, March 4.
Nearly seven months have passed since the shooting death of 18-year-old Michael Brown in Ferguson, Missouri. That tragic incident provoked widespread demonstrations and stirred strong emotions from those in the Ferguson area and around our nation. It also prompted a federal investigation by the U.S. Department of Justice, with the Criminal Section of the Civil Rights Division, the U.S. Attorney’s Office of the Eastern District of Missouri and the FBI seeking to determine whether this shooting violated federal civil rights law.
Our investigation has been both fair and rigorous from the start. It has proceeded independently of the local investigation that concluded in November. And it has been thorough: as part of a wide-ranging examination of the evidence, federal investigators interviewed and re-interviewed eyewitnesses and other individuals claiming to have relevant information and independently canvassed more than 300 residences to locate and interview additional witnesses.
This morning, the Justice Department announced the conclusion of our investigation and released a comprehensive, 87-page report documenting our findings and conclusions that the facts do not support the filing of criminal charges against Officer Darren Wilson in this case. Michael Brown’s death, though a tragedy, did not involve prosecutable conduct on the part of Officer Wilson.
This conclusion represents the sound, considered and independent judgment of the expert career prosecutors within the Department of Justice. I have been personally briefed on multiple occasions about these findings. I concur with the investigative team’s judgment and the determination about our inability to meet the required federal standard.
I recognize that the findings in our report may leave some to wonder how the department’s findings can differ so sharply from some of the initial, widely reported accounts of what transpired. I want to emphasize that the strength and integrity of America’s justice system has always rested on its ability to deliver impartial results in precisely these types of difficult circumstances – adhering strictly to the facts and the law, regardless of assumptions. Yet it remains not only valid – but essential – to question how such a strong alternative version of events was able to take hold so swiftly, and be accepted so readily.
A possible explanation for this discrepancy was uncovered during the course of our second federal investigation, conducted by the Civil Rights Division to determine whether Ferguson Police officials have engaged in a widespread pattern or practice of violations of the U.S. Constitution or federal law.
As detailed in our searing report – also released by the Justice Department today – this investigation found a community that was deeply polarized; a community where deep distrust and hostility often characterized interactions between police and area residents.
A community where local authorities consistently approached law enforcement not as a means for protecting public safety, but as a way to generate revenue. A community where both policing and municipal court practices were found to disproportionately harm African American residents. A community where this harm frequently appears to stem, at least in part, from racial bias – both implicit and explicit. And a community where all of these conditions, unlawful practices, and constitutional violations have not only severely undermined the public trust, eroded police legitimacy, and made local residents less safe – but created an intensely charged atmosphere where people feel under assault and under siege by those charged to serve and protect them.
Of course, violence is never justified. But seen in this context – amid a highly toxic environment, defined by mistrust and resentment, stoked by years of bad feelings, and spurred by illegal and misguided practices – it is not difficult to imagine how a single tragic incident set off the city of Ferguson like a powder keg. In a sense, members of the community may not have been responding only to a single isolated confrontation, but also to a pervasive, corrosive and deeply unfortunate lack of trust – attributable to numerous constitutional violations by their law enforcement officials including First Amendment abuses, unreasonable searches and seizures, and excessive and dangerous use of force; exacerbated by severely disproportionate use of these tactics against African Americans; and driven by overriding pressure from the city to use law enforcement not as a public service, but as a tool for raising revenue.
According to our investigation, this emphasis on revenue generation through policing has fostered unconstitutional practices – or practices that contribute to constitutional violations – at nearly every level of Ferguson’s law enforcement system. Ferguson police officers issued nearly 50 percent more citations in the last year than they did in 2010 – an increase that has not been driven, or even accompanied, by a rise in crime.
As a result of this excessive reliance on ticketing, today, the city generates a significant amount of revenue from the enforcement of code provisions. Along with taxes and other revenue streams, in 2010, the city collected over $1.3 million in fines and fees collected by the court. For fiscal year 2015, Ferguson’s city budget anticipates fine revenues to exceed $3 million – more than double the total from just five years prior. Our review of the evidence, and our conversations with police officers, have shown that significant pressure is brought to bear on law enforcement personnel to deliver on these revenue increases. Once the system is primed for maximizing revenue – starting with fines and fine enforcement – the city relies on the police force to serve, essentially, as a collection agency for the municipal court rather than a law enforcement entity focused primarily on maintaining and promoting public safety.
As a result, it has become commonplace in Ferguson for officers to charge multiple violations for the same conduct. Three or four charges for a single stop is considered fairly routine. Some officers even compete to see who can issue the largest number of citations during a single stop – a total that, in at least one instance, rose as high as 14. And we’ve observed that even minor code violations can sometimes result in multiple arrests, jail time and payments that exceed the cost of the original ticket many times over.
Over time, it’s clear that this culture of enforcement actions being disconnected from the public safety needs of the community – and often to the detriment of community residents – has given rise to a disturbing and unconstitutional pattern or practice. Our investigation showed that Ferguson police officers routinely violate the Fourth Amendment in stopping people without reasonable suspicion, arresting them without probable cause, and using unreasonable force against them. According to the Police Department’s own records, its officers frequently infringe on residents’ First Amendment rights. They interfere with the right to record police activities. And they make enforcement decisions based on the way individuals express themselves.
Many of these constitutional violations have become routine. For instance, even though it’s illegal for police officers to detain a person – even briefly – without reasonable suspicion, it’s become common practice for officers in Ferguson to stop pedestrians and request identification for no reason at all. And even in cases where police encounters start off as constitutionally defensible, we found that they frequently and rapidly escalate – and end up blatantly and unnecessarily crossing the line.
Our investigation showed that members of Ferguson’s police force frequently escalate, rather than defuse, tensions with the residents they encounter. And such actions are sometimes accompanied by First Amendment violations – including arresting people for talking back to officers, recording their public activities, or engaging in other conduct that is constitutionally protected.
This behavior not only exacerbates tensions in its own right; it has the effect of stifling community confidence that’s absolutely vital for effective policing. And this, in turn, deepens the widespread distrust provoked by the department’s other unconstitutional exercises of police power – none of which is more harmful than its pattern of excessive force.
Among the incidents of excessive force discovered by our comprehensive review, some resulted from stops or arrests that had no legal basis to begin with. Others were punitive or retaliatory in nature. The police department’s routine use of Tasers was found to be not merely unconstitutional, but abusive and dangerous. Records showed a disturbing history of using unnecessary force against people with mental illness. And our findings indicated that the overwhelming majority of force – almost 90 percent – is directed against African Americans.
This deeply alarming statistic points to one of the most pernicious aspects of the conduct our investigation uncovered: that these policing practices disproportionately harm African-American residents. In fact, our review of the evidence found no alternative explanation for the disproportionate impact on African American residents other than implicit and explicit racial bias.
