DOJ files motion to dismiss Minneapolis consent decree
Minneapolis consent decree: 'We're doing it anyway'
Minneapolis Mayor Jacob Frey said, "We're doing it anyway" after learning the Department of Justice has filed a motion to dismiss the consent decree that was created in the aftermath of George Floyd's murder.
MINNEAPOLIS (FOX 9) - The Department of Justice has filed a motion asking a judge to dismiss the federal consent decree against the City of Minneapolis created in the aftermath of George Floyd's killing.
Dismissing the federal consent decree
What we know:
A motion filed Wednesday morning asked the court to dismiss with prejudice the settlement between the government and the City of Minneapolis. The agreement, which forced police reforms by the city, was the result of an investigation launched after George Floyd's death.
The motion explains: "After an extensive review by current Department of Justice and Civil Rights Division leadership, the United States no longer believes that the proposed consent decree would be in the public interest. The United States therefore does not wish to pursue this action any longer and hereby withdraws its support, agreement and concurrence with the Joint Motion for Approval of Settlement. The United States will no longer prosecute this matter."
Timeline:
The consent decree was just approved by the city council in January. However, earlier this year, the DOJ filed motions to pause court proceedings.
What does this mean?
Local perspective:
If granted, the motion means the federal consent decree would be vacated. However, the city also has a separate agreement in place with the Minnesota Department of Human Rights that will still be in effect.
Speaking with FOX 9, state officials said the removal of the federal agreement "doesn't have any meaningful impact" on reform efforts. The state consent decree also forces the City of Minneapolis to make major policing reforms.
In a statement Wednesday morning, the Minnesota Department of Human Rights said:
"While the Department of Justice walks away from their federal consent decree nearly five years from the murder of George Floyd, our Department and the state court consent decree isn’t going anywhere," said MDHR Commissioner Rebecca Lucero. "Under the state agreement, the City and MPD must make transformational changes to address race-based policing. The tremendous amount of work that lies ahead for the City, including MPD, cannot be understated. And our Department will be here every step of the way."
Mayor Frey to Trump admin: ‘We’re doing it anyway'
What they're saying:
At a news conference on Wednesday, Minneapolis Mayor Jacob Frey accused President Donald Trump of playing politics with the decision.
Mayor Frey accused the Department of Justice of stalling the decision, which he added won't change city plans, to time up with the anniversary of Floyd's killing.
"The timing of this move for dismissal is entirely predictable," said Mayor Frey. "The Trump administration is a mess. They had every opportunity to move for a dismissal in the months previous to now. But instead they delayed. They asked for extension after extension and, of course, it is predictable they would move for a dismissal the very same week that George Floyd was murdered five years ago."
Mayor Frey said the city will move forward with policing reform regardless of what is decided at the federal level.
"What this shows is that all Donald Trump really cares about is political theater," the mayor continued. "We had a good feeling that this was coming. The judge gets to decide whether to dismiss the case, and I can't speak to what the judge will decide, but I can speak to what we are doing. Here is the bottom line. We're doing it anyway."
Minneapolis Police Chief Brian O'Hara also affirmed the department is committed to change.
"The members of this police department have been through an unbelievable amount of change and of trauma, just like the residents of this community," Chief O'Hara said. "And I think they know things needed to change here. And I thing, by and large, today, you know, the men and women who remain here are deeply committed to getting this right. They are not about to turn their backs on their fellow officers or the residents of this community."
What does the federal consent decree require?
The backstory:
The decree followed a Department of Justice investigation that found the City of Minneapolis and the police department had engaged in a pattern of conduct that deprived people of their rights including discrimination and excessive force.
The federal agreement required the department to review its use of force policies, to train officers on new, community-oriented policing strategies, increase supervision of officers and formalize officer evaluation policies, among other reforms.
What's next:
Mayor Frey says the city is preparing a response to the DOJ motion but didn't address what they will argue.
The Source: This report uses information from court records, statements from officials and previous FOX 9 reporting.