DOJ Removes Key Progressive Provisions From New Federal Law Enforcement Guidance After Daily Caller Exposé

The Department of Justice (DOJ) on Thursday released the latest version of its non-discrimination guidance for federal law enforcement, excluding key progressive provisions highlighted in a series of reports by the Daily Caller.

Earlier this month, Kohler released a draft internal document outlining the Justice Department’s plan to block federal agents from using crime statistics in law enforcement and limit the ability of the Federal Bureau of Investigation (FBI) to infiltrate terrorist groups. obtained. The source, who requested anonymity for fear of professional retaliation, provided the letter to the caller. (Related: Exclusive: DOJ Proposal Bans FBI Agents from Using Local Crime Statistics in Law Enforcement, Documents Show)

The new action was part of a draft of new DOJ guidelines for federal law enforcement regarding the use of “race, ethnicity, gender, national origin, religion, sexual orientation, or gender identity.” (Related: Exclusive: Justice Department New Policy Proposal Will Limit FBI Infiltration into Terrorist Groups, Document Shows)

In addition, Kohler reported on the Department of Justice’s proposal to add nationalities to the list of protected subjects and expand the scope of law enforcement activities covered by the new guidelines. Progressive activist groups met with the Justice Department on May 18 after calling for an expanded version of the guidance that would include provisions similar to the draft proposal reported by the callers.

The draft’s main progressive demands, identified by the Daily Caller, were: final version Guidance issued by the Department of Justice. Nationality is included in the list of protected characteristics in the updated Guidance for Federal Law Enforcement on Use of Race, Ethnicity, Gender, National Origin, Religion, Sexual Orientation, Gender Identity, and Disability. not

“Thus, this guidance prohibits considering an individual’s race, ethnicity, sex, national origin, religion, sexual orientation, gender identity, or disability status unless specific conditions exist. These conditions are described in the standards listed below, and may also use generalized assumptions and stereotypes about individuals and groups with these characteristics as the basis for law enforcement decision-making. prohibited,” the Department of Justice guidance claims.

A footnote in the guidelines clarifies that nationality is different from country of origin based on a suspect’s culture or ancestry rather than citizenship.

Law enforcement activities covered by the guidelines include “routine or voluntary” decisions such as traffic stops. However, this guidance did not extend to explicitly cover law enforcement practices beyond the “routine or voluntary” designation, as the draft document indicated and demanded by progressive activists. rice field.

According to the guidelines, federal employees are allowed to “monitor” certain individuals identified in part by their protected characteristics if law enforcement has obtained certain information from reliable sources. It says. The document lists specific scenarios involving different types of information to show how officers can apply the guidance to the best of their ability.

FBI agents and other federal law enforcement officials are permitted to use ethnicity in selecting sources of infiltration when the overwhelming majority of foreign terrorist organizations are made up of a single ethnic group, but the Daily A draft earlier reported by Kohler called the action discriminatory.

“Similarly, when conducting activities directed at a particular criminal or terrorist group whose members have been identified as having a preponderance of the listed characteristics, law enforcement agencies may Such facts may be taken into account when conducting investigations or taking preventive measures against the activities of terrorist groups,” the guidance states.

In the draft document, observations about “hot spots” are identified as a “face-neutral” excuse for racial prejudice. The final guidance explains how a focus on high-crime areas is most often associated with this concern, before enumerating examples where police officers can use crime statistics for specific communities. doing.

The use of data from crime statistics is permitted if decisions to focus law enforcement efforts in particular areas are based on reliable information rather than on racial stereotypes. Examples cited in the Justice Department guidelines include efforts to reduce gun violence by identifying areas where shootings are likely to occur.

“The decision to focus law enforcement efforts in that area is based on reliable data and information, not on race. It can properly decide to enforce all laws in the area,” the guidelines state.

Reliance on local crime statistics in law enforcement efforts was explicitly prohibited in early drafts due to concerns about “bias” in arrest rates, The Daily Caller previously reported. The new guidelines bar officers from racial profiling suspects based on protected characteristics, and the Justice Department touted the move in a statement.

“The updated guidance prohibiting racial profiling by federal law enforcement provides for the limited circumstances in which a federal law enforcement officer or employee may consider a protected characteristic and adds disability as a protected characteristic. , to extend the application of guidance beyond law enforcement officers to all federal law enforcement agencies, including training, data collection, and development and implementation of accountability provisions for personnel engaged in or supporting federal law enforcement activities. We will set benchmarks and schedules,” the Justice Department said. press release.

The Justice Department’s new guidance concludes with a plan to train officials, collect data on practices, and hold officials accountable for complaints within six months.

This policy applies to federal law enforcement and non-federal law enforcement personnel participating in the Federal Law Enforcement Task Force. Progressive groups have previously called for the standard to apply to state and local law enforcement agencies that receive federal funding or participate in joint operations with federal agencies to combat alleged police discrimination. I requested the Department of Justice.

“Our work is not done yet, but we will continue to do so over the next year to update our internal policies and provide our state and local government partners with the resources and support they need to protect their communities from violent crime. We are proud of the important changes we have made that will increase transparency and build trust in our communities,” said Attorney General Merrick Garland.

“As we mark the third anniversary of the death of George Floyd and remember his life, the Department of Justice renews its commitment to promoting accountability in law enforcement and defending the civil rights of all Americans. We recognize that we have a responsibility to demonstrate that,” Garland added. (Related: Exclusive: Justice Department announces new law enforcement policy to commemorate death of George Floyd)

The announcement was made on the third anniversary of the death of George Floyd at the hands of Minneapolis Police Officer Derek Chauvin. Kohler first reported the Justice Department’s decision to honor Floyd by announcing new anti-discrimination guidelines on May 25, one year after President Joe Biden signed the agreement. presidential decree instructed the Department of Justice to re-evaluate the 2014 version of the guidance;

Biden’s administrative action on “promoting effective and accountable policing and criminal justice practices to strengthen public trust and public safety” requires the Department of Justice to assess the 2014 anti-discrimination guidance. and asked to determine if it needed to be renewed. The Justice Department and other federal agencies were ordered to report to Mr. Biden within 180 days if they determined a policy change was necessary.

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