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*** UPDATED x1 *** Mayor Emanuel now OK with civil rights probe

Thursday, Dec 3, 2015 - Posted by Rich Miller

* Attorney General Lisa Madigan, Democratic presidential candidate Hillary Clinton and others have called for a Department of Justice civil rights investigation into the Chicago Police Department. Mayor Emanuel didn’t like the idea, but he came around to it today. From a press release…

“Many things must happen to restore trust in the Chicago Police Department and I welcome efforts and ideas that can help us achieve that important goal. I want to clarify my comments from yesterday and I want to be clear that the City welcomes engagement by the Department of Justice when it comes to looking at the systemic issues embedded in CPD.

First and foremost, we need answers as to what happened in the Laquan McDonald case, which is why the United States Attorney should swiftly conclude his year-long investigation and shed light on what happened that night, and the actions of everyone involved.

As it relates to a longer-term review of our police department and efforts to improve police accountability, I am open to anything that will help give us answers and restore the trust that is critical to our public safety efforts. I trust the Department of Justice to make the right decision based on the facts and the law. Like every Chicagoan, I want to get to a place where we’re permanently addressing the entrenched issues in our police department. Our residents deserve that, as do our police officers. Adherence to civil rights and effective crime fighting go hand in hand.”

Background:

* On Tuesday, Mayor Emanuel announced that a six-member Police Accountability Task Force would immediately begin a top-to-bottom review of the system of oversight and accountability training and transparency that is currently in place at CPD.

* In his speech, Mayor Emanuel said: “Every day, we must ensure the checks and balances are in place to keep the confidence of Chicagoans … There are systemic challenges that will require sustained reform. It is a work in progress as we continue to build confidence in our police force.”

* Additionally, on Wednesday during a discussion with Politico, Mayor Emanuel was asked a question of whether CPD violated the constitution and federal laws. He responded to that question in the context of the Laquan McDonald case. See the exchange below:

    Q: Yesterday, the Illinois Attorney General requested the US Department of Justice Civil Rights Division investigation whether practices by the Chicago Police Department violate the constitution and federal laws. Do you worry that’s the case?

    A: No. I want everybody to remember this. First, the city had a civil – there’s kind of three legal tracks and three kinds of oversights. On February 27, the family came and approached the city. We reached a settlement in and around the civil case and then took it to the City Council. If you go and look back at what Steve Patton said in front of City Council, a lot of that was there and in public domain. Immediately after the incident, back in February 2014 – so 14 months ago, within weeks, I think two weeks — the U.S. attorney and the State’s Attorney both opened up investigations with the FBI as an investigatory body. They had all materials, all the tapes, all the background. We settled – as I said – in April. But started in the discussions end of February when the family approached. As you now know, the State’s attorney concluded her investigation. There’s an ongoing investigation by the U.S. Attorney’s Office here in Chicago with the FBI. My view is that given the period of time they’ve had the information, like everybody else, I await their conclusion. They are looking into this situation and all the aspects around it. I think an additional layer prior to the completion of this, in my view, would be misguided. And if you notice, they are doing a thorough job, given that they had the information two weeks after, just immediately after the incident. They are doing a thorough job, and hitting the restart button on a whole new investigation does not get you to the conclusion in an expedited fashion.

    Q: But those are two different things. What she’s looking at is a civil rights investigation. It would look at pattern and practice at the police department. It would be a more sweeping view. Other cities have done it – would you welcome that?

    A: Well, what I would first welcome is the conclusion of the existing investigation by the U.S. Attorneys right now that’s present. I think that one of the reasons I asked the former head of the Civil Rights Division, Deval Patrick, to be an outside adviser and senior adviser to this working commission is because it’s exactly the question he is familiar with and he has a different set of eye — I think is essential. Before the U.S. Justice Department would ask the local U.S. Attorney and FBI to take on additional work, I would them to complete the work – I understand these are very hard cases. And so they are taking on and look at all the perspectives around this case.

* Randall Samborn, who was the US Attorney’s press spokesman for years, explains what’s at stake

What is needed is a full-scale Justice Department “pattern-and-practice” investigation of civil rights abuses within the Chicago Police Department — the type of sweeping, outside investigation that Chicago, seemingly alone among large American cities, has mysteriously evaded over the last several decades.

From Newark to New York, Cleveland, Miami, New Orleans, Albuquerque and Los Angeles, the Justice Department’s Civil Rights Division, which exercises sole authority to launch and conduct such inquiries, has scoured dozens of large police departments, leaving Chicago’s omission head-scratching.

The Justice Department may act if it finds a pattern or practice by a local law enforcement agency that systemically violates people’s rights. These investigations have resulted in settlements and court orders requiring increased transparency and data collection, steps to prevent discriminatory policing, independent oversight, improved investigation and review of uses of force, and more effective training and supervision of officers — all measures that the Chicago Police Department urgently needs.

*** UPDATE *** I meant to post this earlier and forgot

The Chicago police officer charged with murder in the shooting of a black teen also played a role in the alleged cover-up of another fatal police shooting 10 years ago, according to court records in an ongoing civil lawsuit against the city.

Officer Jason Van Dyke admitted as part of that civil case that he copied the work of other officers on the scene, which made his official report match theirs, without conducting his own interviews of witnesses to the controversial 2005 shooting of Emmanuel Lopez.

While his role in that case was relatively minor, it looms larger now as the Lopez family lawsuit heads to trial in February over allegations that Chicago police shot the 23-year-old janitor 16 times without justification and then concocted a story that they were acting in self-defense because Lopez tried to run over an officer with his car.

       

47 Comments
  1. - JoanP - Thursday, Dec 3, 15 @ 9:54 am:

    Rahm is leading from behind.


  2. - LizPhairTax - Thursday, Dec 3, 15 @ 10:01 am:

    “On February 27, the family came and approached the city.”

    This is a piece that I hope gets investigated. Thoroughly. It would not surprise me if someone at the City who saw the video found the “family”, said “here’s your lawyer, sign here, here’s your money” and thought that this would all go away.

    The hiding behind “the family” and their wish not to have the video made public is one of the most disgusting parts of this cover-up.


  3. - walker - Thursday, Dec 3, 15 @ 10:04 am:

    Whack!

    “Thank you madam, may I have another.”

    Whack!


  4. - Ghost - Thursday, Dec 3, 15 @ 10:07 am:

    probe will take years to create a report and then years for changes. maybe start some reforms now

    new use of force training and hire an outside grp to monitor police conduct in the firld


  5. - Gone, but not forgotten - Thursday, Dec 3, 15 @ 10:08 am:

    Now that the Hillary is demanding the probe, Rahm says “oh yes, certainly”. showing that he’ll pander to her but not to Lisa. Whatever. And yes, after viewing the video they would have had to FIND the “family” seeing as the victim had not lived with them for over ten years! So yes, Rahm is leading from behind, more like from the seat of his pants. Maybe he needs a vacation in Cuba.


  6. - Almost the Weekend - Thursday, Dec 3, 15 @ 10:09 am:

    If Hillary wins the Presidency, I guess a cabinet position is still open for Rahm.


  7. - Streator Curmudgeon - Thursday, Dec 3, 15 @ 10:10 am:

    A civil rights investigation would be preferable by Emanuel over an obstruction of justice or conspiracy to conceal a homicide investigation.


  8. - Norseman - Thursday, Dec 3, 15 @ 10:13 am:

    “You never let a serious crisis go to waste. And what I mean by that it’s an opportunity to do things you think you could not do before.” Rahm Emanuel

    How about multiple crises? Da mayor ought to be giddy with all these opportunities.


  9. - Ravenswood Right Winger - Thursday, Dec 3, 15 @ 10:13 am:

    Almost The Weekend: Would Rahm survive a US Senate Committee grilling him on this episode?


  10. - ottawa otter - Thursday, Dec 3, 15 @ 10:13 am:

    When Rahm resigns, when, not if, he can secure employment as a parachute packer. He is incredibly ept at packing up his tent whenever the winds blow against him.


  11. - Chicago Cynic - Thursday, Dec 3, 15 @ 10:14 am:

    Struggling to get ahead of this. Not doing a very good job. Rahm is in a lot of trouble.


  12. - Anonymouth - Thursday, Dec 3, 15 @ 10:17 am:

    === When Rahm resigns, when, not if ===

    What incentive does Rahm have to resign?


  13. - Austin Blvd - Thursday, Dec 3, 15 @ 10:26 am:

    Rahm should do what’s right regardless of the political price. He may come out ahead by doing what’s right.


  14. - Paddyrollingstone - Thursday, Dec 3, 15 @ 10:28 am:

    Having defended police cases for several years I can tell you that the City would never have to go “looking” for family to accept a settlement.


  15. - AC - Thursday, Dec 3, 15 @ 10:29 am:

    He’s going to get the investigation, regardless of if he wants it, so he may as well support it. I’m surprised Rahm didn’t “support” it initially, as it would’ve helped how he appeared on this issue, without changing the outcome.


  16. - wendy - Thursday, Dec 3, 15 @ 10:30 am:

    The only report I have seen on Justice Department investigation and oversight of police departments is here: http://www.washingtonpost.com/sf/investigative/2015/11/13/forced-reforms-mixed-results/

    DOJ investigations and compliance with consent decrees take many years, and the results are mixed. The use of force against citizens went down in only half the cities, for example. There was a lot of emphasis on improved training, which might or might not include reducing lying and falsification of evidence, but I don’t think that is inherently true. And there seemed to be real confusion about the difference between “proactive policing” and “physical violence against people you think are criminals.”

    So it might help, but not right away, and it is no panacea, or a reason to wait to start working on this. What it could ultimately help with — if the City were really interested — is forcing changes that they could say “not my fault, DOJ is making me do it.”


  17. - a drop in - Thursday, Dec 3, 15 @ 10:31 am:

    “If Hillary wins the Presidency, I guess a cabinet position is still open for Rahm.”

    I doubt it. Damaged goods.


  18. - wordslinger - Thursday, Dec 3, 15 @ 10:31 am:

    Emanuel’s opinion on the matter is irrelevant.

    As mayor, he’s the head of the police department; it’s not an independent agency.

    It a natural inclination not to want anyone from the outside looking into and making judgments as to how you do your job.


  19. - Louis G. Atsaves - Thursday, Dec 3, 15 @ 10:33 am:

    It is my own personal opinion, but for the first time in memory, Rahm Emmanuel seems overwhelmed with the multiple problems besetting him in Chicago.


  20. - Keyrock - Thursday, Dec 3, 15 @ 10:38 am:

    Wendy is right that IF Rahm wanted to make changes in the entrenched culture and structure of CPD, a DOJ report or consent decree would be a golden opportunity to make the changes without taking the heat. But if Rahm wanted to do that, he wouldn’t have promoted Dean Andrews as chief of detectives.


  21. - wordslinger - Thursday, Dec 3, 15 @ 10:56 am:

    To the upate: Ten years ago, Van Dyke knew the drill of everyone getting on board with the same story.


  22. - Steve - Thursday, Dec 3, 15 @ 11:15 am:

    What can the DOJ do? The Chicago Police Department is part of a municipality. The state legislature of Illinois could force many useful reforms on Chicago. One way to increase diversity in the Chicago police is to ban Chicago from having a residency requirement. Chicago police officers should be able to live in places other than Chicago.


  23. - Phil - Thursday, Dec 3, 15 @ 11:29 am:

    @Steve -have to respectfully disagree that changing theCPD residency requirements would have a positive effect on police practices. The Blue Wall problem is no less prevalent in NYC or LA which don’t have residency requirements for their police.


  24. - Belle - Thursday, Dec 3, 15 @ 11:30 am:

    I cannot imagine why Hillary would appoint Rahm to anything since he supported Obama over Hillary. Then, there is the damaged goods issue as pointed out by a drop in.
    My question is who is going to investigate Rahm and his part in all of this?
    If a 10 yr old case is being further investigated, why was that one covered up? Was it CPD that did it or was politics involved that time also?


  25. - wendy - Thursday, Dec 3, 15 @ 11:36 am:

    Belle: It’s not being further investigated, because the people who did the original “investigation” are just fine with their results. The information in the story are facts brought out during a civil rights damages action brought by the family of the dead man.


  26. - Atbat - Thursday, Dec 3, 15 @ 11:45 am:

    Chicago City Code -2-4-020 Supervisory authority – Administrative officer appointment, powers and duties.

    The mayor shall supervise the conduct of all the officers of the city, and, as to all who are exempt from the provisions of the civil service act, he shall examine the grounds of all reasonable complaints made against any of them and cause their violation of duty and other offenses, if any, to be promptly punished.


  27. - Anon III - Thursday, Dec 3, 15 @ 12:02 pm:

    The video-tape of all the “good policemen” witnessing the execution of Laquan McDonald leads me to wonder if the “good policemen” filed reports implicating Van Dyke or blamed McDonald?

    It brings to mind Officer Frank Serpico, NYPD whistleblower, who’s reward for reporting police corruption was a shot in the face.

    Allegations of NYPD police corruption then prompted Mayor John Lindsay to appoint the Knapp Commission. (Sound familiar?)

    In its 1972 final report, the Knapp commission found widespread corruption in the New York City Police Department, and made the following recommendations:
    • commanders should be held accountable for their subordinates’ actions.
    • commanders should file periodic reports on key aspects that would breed corruption.
    • field offices of the Internal Affairs division should be created at all precincts.
    • undercover informants should be placed in all precincts.
    • improve screening and selection methods and standards.
    • a change in police attitudes.


  28. - Formerly Known As... - Thursday, Dec 3, 15 @ 12:08 pm:

    ==a place where we’re permanently addressing the entrenched issues in our police department==

    Lots of public officials have enabled those entrenched issues to fester.

    They may be in for a rude awakening once this probe begins.


  29. - Sue - Thursday, Dec 3, 15 @ 12:36 pm:

    Rahm should tell HRC where she can stick it. Is there anything she can’t help from sticking her nose into. It’s one thing for madrigal to make a request and an entirely another for HRC to do do. We already have the US Attorney and FBI conducting what is obviously a thorough investigation. If DOJ starts another investigation it’s going to cost the City a fortune in terms of me and legal fees on what will be nothing but a duplication of what is already going on


  30. - crazybleedingheart - Thursday, Dec 3, 15 @ 12:41 pm:

    Sue, it’s always nice to ID the Rahmpublicans.


  31. - @MisterJayEm - Thursday, Dec 3, 15 @ 12:48 pm:

    “his role in that case was relatively minor”

    Only in Chicago would the city’s leading newspaper characterize a cop’s deliberate dishonesty regarding the investigation of a fatal shooting as relatively minor.

    – MrJM


  32. - @MisterJayEm - Thursday, Dec 3, 15 @ 1:00 pm:

    And speaking of Chicago police officers who routinely lie: “DNAinfo Chicago found that IPRA recommended firing only 55 percent of officers found guilty of violating Rule 14 [’Making a false report, written or oral’]. And none of those officers were fired for making false reports.” http://www.dnainfo.com/chicago/20151203/downtown/rule-14-series-showed-why-dirty-officers-arent-scared-lie-tbt

    The CPD’s problems extend waaaaaaaaaaaay beyond McCarthy, Anita and Rahm. A DoJ civil rights investigation isn’t just appropriate, it’s necessary.

    – MrJM


  33. - Precinct Captain - Thursday, Dec 3, 15 @ 1:15 pm:

    ==- @MisterJayEm - Thursday, Dec 3, 15 @ 1:00 pm:==

    But think of the taxpayers like Sue! They might have to pay more to clean up bad policing now instead of farming it out to future generations!


  34. - Harry - Thursday, Dec 3, 15 @ 1:19 pm:

    That story about Van Dyke falsifying a report 10 years ago should be breathtaking–the fact that it was viewed as a minor thing speaks volumes about why the Chicago Police Department continues its pattern of bad practice and cover-ups.

    Van Dyke should have been suspended without pay for at least several months, if not fired outright. I’m sure there were reasons why he wasn’t (something in the CBA?); but, well, here we are, again.


  35. - crazybleedingheart - Thursday, Dec 3, 15 @ 1:25 pm:

    So curious about how hard Rockford is sweating.


  36. - Levois - Thursday, Dec 3, 15 @ 1:25 pm:

    ABOUT FACE!!!!


  37. - wordslinger - Thursday, Dec 3, 15 @ 1:39 pm:

    RE: “I could be the highest paid lobbyist in DC right now….”

    BR: “Burger King, Dairy Queen? Ketchup, Catsup? Nothing but tough decisions in this job….”


  38. - Zoe - Thursday, Dec 3, 15 @ 1:54 pm:

    it’s time for a consent decree and let the chips fall where they may. daley tried to avoid a consent decree by hiring the former fed, jody weis.


  39. - wordslinger - Thursday, Dec 3, 15 @ 2:08 pm:

    Apologies for posting on the “caption contest” above.

    Sue, there appears to be a lot more than the McDonald case to investigate.

    Yesterday, a former top investigator for the IPRA said he was fired after refusing to “justify” a police shooting he considered to be murder, among other cases.

    You want to talk about “my tax dollars” when the issue involves body counts, possible murder by police?

    Your code of ethics never ceases to amaze.


  40. - Aldyth - Thursday, Dec 3, 15 @ 2:18 pm:

    Or, Rahm can actually throw his best effort into cleaning up the CPD. Which would probably take the rest of his political career to do, but would be the best legacy he could achieve.

    Doing the right thing is hard work.


  41. - wendy - Thursday, Dec 3, 15 @ 2:20 pm:

    Keyrock: You are absolutely right. Promoting that person should have been shocking; here, it was just another confirmation that the Mayor has no objection to operating the Police Department as a criminal conspiracy, so long as he doesn’t get caught.

    To save some of you the trouble of Googling: Dean Andrews, appointed chief of detectives two months ago, was at least a party to creating a false police report that allowed the police and state’s attorney to avoid prosecuting Mayor Daley’s nephew for the 2004 killing of David Koschman for nine years. The 2012 special prosecutor’s report said that the statute of limitations prevented prosecution of police and state’s attorneys for their actions in 2004.


  42. - Rod - Thursday, Dec 3, 15 @ 3:33 pm:

    If you don’t want to pay $10 for Lindberg how about this one for free: http://pols.uic.edu/docs/default-source/chicago_politics/anti-corruption_reports/policecorruption.pdf?sfvrsn=2

    There are dozens of similar reports and books going back many years on the numerous problems with the CPD. The bottom line - Chicago ain’t ready for reform. God bless my home town.


  43. - Cassandra - Thursday, Dec 3, 15 @ 4:00 pm:

    It’s hard to be against a DOJ probe, but by the time the report comes out, will our political masters and the public they serve (ha),not to mention the mainstream media, be on to something else.

    Surely, Mayor Rahm could implement some substantive changes at CPD starting, say, tomorrow that don’t require waiting for some probe or panel to finish its work.


  44. - Arthur Andersen - Thursday, Dec 3, 15 @ 5:29 pm:

    Sue solidifies her role as #1 troll here on the beloved Blog with today’s gem. Lolol!

    To the Post, whether Rahm fell or was pushed into supporting the DoJ probe, he’s on board now for better or worse. I’m more interested in what he does on his own, today, tomorrow and next week without any Fed pushing to fix his busted police department.


  45. - Juvenal - Thursday, Dec 3, 15 @ 5:42 pm:

    Who is advising the mayor?

    Seriously…who was brought in that was not a part of all of the bad decisions leading up to Tuesday’s presser to help them find a way out?

    Because anyone who thought that opposing a federal probe was a good idea should not be in the room for future decision making except as an observer.


  46. - Zoe - Thursday, Dec 3, 15 @ 6:16 pm:

    wendy

    To save some of you the trouble of Googling: Dean Andrews, appointed chief of detectives two months ago, was at least a party to creating a false police report that allowed the police and state’s attorney to avoid prosecuting Mayor Daley’s nephew for the 2004 killing of David Koschman for nine years. The 2012 special prosecutor’s report said that the statute of limitations prevented prosecution of police and state’s attorneys for their actions in 2004.
    ======================================

    very misleading. if people want info they should google and in fact google the special prosecutor’s report (webb). andrews was among 5 who were not involved in the 2004 incident but brought in when the re-investigation was conducted in 2011. andrews was among one of the officers webb found no criminal conduct. so, read the full “webb” report or go with the snippets the suntimes has been printing which have been misleading at best. the only thing that remains to be seen for andrews and the other officers in the 2011 reinvestigation is what the city’s IG says re: any policy violations.


  47. - Keyrock - Thursday, Dec 3, 15 @ 7:22 pm:

    I read the report when it came out. If the Mayor wanted to change the CPD, he wouldn’t have made the appointment. See, for example, http://projects.suntimes.com/koschman/latest-news/ex-supt-police-actions-embarrassing/


Sorry, comments for this post are now closed.


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