The president revealed in his Rose Garden remarks that
he’d just met with the families of nine victims of police or racially motivated
killings — though none were in the audience as he laid out three planks of
reforms, according to a pool report.
The order would create federal incentives through the
Justice Department for local police departments that seek “independent
credentialing” to certify that law enforcement is meeting higher standards for
the use of force and de-escalation training. Trump specifically noted that
those standards would include banning the use of chokeholds — an especially
controversial tactic that has led to the high-profile deaths of multiple
African-American men — “except if an officer’s life is at risk.”
Trump's order would also incentivize local departments
to bring on experts in mental health, addiction and homelessness as
“co-responders” to “help officers manage these complex encounters.” And it would
encourage better information sharing to track officers with “credible abuses”
to prevent them from moving from one department to the next.
The text of the order directs the Justice Department
to create and maintain a database to track when officers have been terminated
or decertified, have been criminally convicted for on-duty conduct or faced
civil judgments for improper use of force. It notes that information-sharing
related to use-of-force complaints would not apply in “instances where a law
enforcement officer resigns or retires while under active investigation related
to the use of force,” and emphasizes that the database would track only episodes
in which an officer was “afforded fair process.“
But it does not address the issue of qualified
immunity, a legal doctrine that reform advocates say shields police from
liability and that the White House has called a nonstarter for any reform
measures.
The president’s action swiftly drew
criticism from activists for systemic reform for not going far enough and for a
lack of teeth. The vast majority of law enforcement decisions are made at the
state and local levels, and Trump‘s order aims only to incentivize local departments
by stipulating that only departments that adopt his reforms might be eligible
for discretionary grants from the Justice Department.
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