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July 07, 2021

Letter

ClimateCriminal JusticeDepartment of JusticeImmigration

Coalition Tells Biden, "Deference to the Trump DOJ" is "Unwarranted" and "Unjust"

Survivors of sexual assault were hurt to learn that the Department of Justice chose to continue to defend Donald Trump in E. Jean Carroll’s defamation suit against the former president. Unfortunately, this is but one example of many in which Merrick Garland’s Justice Department has maintained flawed legal positions of the Trump administration which contravene not only the administration’s goals, but basic norms of American democracy. While the Attorney General may be motivated by an attempt to maintain the appearance of impartiality at the DOJ, the institutional goal must be to achieve just outcomes; deference to the Trump DOJ under the guise of impartiality is not only unwarranted, it is unjust. The flawed legal positions the Department has been adopting or maintaining in case after case contravene this goal. These positions have already had disastrous repercussions.

June 08, 2021 | The New Republic

Jeff Hauser Max Moran

Op-Ed

Criminal JusticeDepartment of JusticeExecutive Branch

Merrick Garland Has Become Donald Trump's Legal Protector

On several key matters, Garland’s DOJ has concealed the full extent of Trump’s wrongdoing; kept thousands of immigrants from obtaining greencards, while flooding the immigration system with Trump-selected judges; expanded the scope of police power; ensured oil and gas profits for decades to come; and explicitly protected one of Trump’s most hated Cabinet secretaries from accountability.

May 28, 2021

Nika Hajikhodaverdikhan

Blog Post

Criminal JusticeDepartment of Justice

How the DOJ Can Federally Document Every Fatal Case of Police Misconduct

The Arrest-Related Deaths (ARD) program — a federal tracking system to document cases of police homicide amid other manners of death emanating from the arrest process & the police interaction at large — held massive potential to further police oversight goals. Not only does re-establishing the ARD program require no legislation, but a template for a revised ARD program has been underway for over 6 years. The pilot study reconstructing the ARD’s methodology yielded a blueprint mapping out how the relaunched ARD program could operate by a hybrid system of open-source media mining and law enforcement agency surveying. Reactivating the ARD program in its contemporary version is one of the easiest & speediest proposals that the Biden administration & Garland’s DOJ can actualize on the matter of criminal justice reform — so, why aren’t they?

May 20, 2021

Nika Hajikhodaverdikhan

Blog Post

Criminal JusticeDepartment of Justice

What Biden & Garland’s DOJ Must Do to Monitor & Curb Police Misconduct

Policing, anti-black, anti-immigrant, ableist, and capitalist at its core, was designed to be outside of the scope of the law. The deployment of federal law enforcement officers in unmarked vans to abduct and detain Black Lives Matter protestors in Portland, Oregan during last summer’s national uprising over police killings demonstrates the extreme nature of rogue American policing. Police prerogative power, as the expression of the state’s legalized violence to enforce public docility at its will, is embedded in US governance. Couple that with qualified immunity, police contracts & unions, police bill of rights, and whatnot, law enforcement are shielded from disciplinary actions.

May 07, 2021

Henry Burke

Blog Post

Criminal JusticeDepartment of JusticeGovernment Capacity

The DOJ's Civil Rights Division is Perilously Unstaffed, Slowing Biden Goals on Police Oversight and Reform

Throughout the 2020 campaign, in the wake of nationwide protests over the murder of George Floyd and other unarmed black people by police officers, Joe Biden committed himself to reforming law enforcement and combating police violence. But significant challenges loom in Biden’s quest for police reform. The federal government’s role in state and local law enforcement agencies is limited, and Biden’s ability to shepherd police reform legislation through Congress will be hampered by Republican opposition and disinclined moderate Democrats. Despite these obstacles, however, Biden is not powerless to make strides towards his campaign goals. Through his Department of Justice’s Civil Rights Division, he holds a significant power over local policing.

April 27, 2021

Blog Post

2020 Election/TransitionCriminal JusticeDepartment of Justice

Questions for Joe Biden and Merrick Garland’s Department of Justice

Amid a transition season of bruising battles between progressives and the old guard over Biden’s Cabinet picks, Merrick Garland for Attorney General was one choice that sparked relatively little controversy. Three months into Biden’s presidency, however, Garland is quickly shaping up to be the most consequentially bad Cabinet pick. On any number of important metrics — sweeping out holdovers from the Trump administration and reversing its positions, preventing corporate capture, and acting aggressively to advance the public interest — Garland is failing.

April 22, 2021

Nika Hajikhodaverdikhan

Blog Post

Criminal JusticeDepartment of Justice

Merrick Garland: A Potential Wolf in Sheep’s Clothing for Criminal Justice Advocates

Last May, as the country first erupted into protests over George Floyd’s murder at the hands of Minneapolis police officer Derek Chauvin, Biden promised that he would deliver “real police reform” if elected president. The country’s eyes are on Minnesota again this week after a police officer in a Minneapolis suburb shot and killed Daunte Wright, sparking a new wave of protests. This time, Biden need no longer speak in hypotheticals; he is President. Will his administration deliver?