Congressman Neguse Adds Authority for State AGs to Police Reform Bill

Congressman Neguse has secured new language in the Justice in Policing Act to allow state AG’s express ability to conduct “pattern or practice” investigations

Washington D.C.—Congressman Joe Neguse, at the request of Colorado Attorney General Phil Weiser, has secured new language in the Justice in Policing Act to expressly allow State Attorneys General to conduct “pattern or practice” investigations into police misconduct. Under current law, only the Department of Justice is permitted to conduct “pattern or practice” investigations into unconstitutional police practices, yet under Attorney General Sessions and since January 2017 zero investigations have been initiated. The language secured by Congressman Neguse in the Justice in Policing Act also includes subpoena authority for State Attorneys General, similar to what is provided to the U.S. Attorney General in the bill.

“Urgent action is necessary at all levels of government to provide increased transparency and accountability as we seek to ensure equal justice under the law,” said Congressman Joe Neguse. “Since 2017, the United States Department of Justice has initiated zero “pattern or practice” investigations, refusing to protect the critical civil rights of so many. I have therefore called for this critical authority to be provided to State Attorneys General, so that justice may be served even when the U.S. Attorney General is unwilling to act for political reasons.  I was proud to work with Colorado’s Attorney General Phil Weiser on this effort, and honored that the Judiciary Committee added this important provision in the Justice in Policing Act.” 

“At a time when the federal government is failing to provide leadership on civil rights issues, states must step up to hold lawless law enforcement agencies and police officers accountable, particularly as communities demand greater transparency and accountability. I appreciate that Congressman Neguse has secured an amendment giving state attorneys general the authority, under federal law, to investigate law enforcement actions that violate the U.S. Constitution and weed out wrongful practices, just as the U.S. Department of Justice can do so.  In Colorado, the General Assembly just granted our office the power to investigate patterns and practices that violate the Colorado Constitution and take action under state law. The Neguse amendment is a major step towards restoring the public’s confidence and trust between communities and law enforcement,” said Colorado Attorney General Phil Weiser.

In years past, the Civil Rights Division of the U.S. DOJ conducted comprehensive investigations into police misconduct throughout the country. Since 2017, however, U.S. DOJ has largely deferred to state and localities for this work, initiating zero “pattern or practice” investigations since January 1, 2017. In a memorandum to U.S. DOJ officials, former Attorney General Sessions wrote that “local control and local accountability are necessary for effective local policing. It is not the responsibility of the federal government to manage non-federal law enforcement agencies.” US DOJ’s refusal to confront the problem of systemic police misconduct has left local communities without critical protections for civil rights. 

View Congressman Neguse’s remarks in the House Judiciary Committee today here.