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Rahm 'Still Committed To Reform' After Sessions' Review Spells Big Trouble For Consent Decree

By Stephen Gossett in News on Apr 4, 2017 3:37PM

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Getty Images / Photo: Scott Olson

Attorney General Jeff Sessions has never been bashful about letting his skepticism of consent decrees be known. On Monday, Sessions plowed that path even further, ordering a wide-ranging review of federal agreements, including potential consent decrees—casting ever more doubt on the possibility of federal enforcement for recommendations made to reform the Chicago Police Department made under the Obama-era Justice Department. Mayor Rahm Emanuel responded in kind by affirming his pledge to reform.

The review was outlined in a two-page memo that was written late last month. According to the New York Times, the instruction "directed his staff to look at whether law enforcement programs adhere to principles put forth by the Trump administration." "“[T]he individual misdeeds of bad actors should not impugn" police efforts, the memo reads, according to the Times.

Launched in the wake of the release of the Laquan McDonald shooting video and subsequent uproar, the Department of Justice's yearlong investigation into the police department culminated with a blistering conclusion—that the Department engaged in a pattern or practice of using force—including use of deadly force—that violated the Fourth Amendment. But the prospect of a federal consent decree to enforce the DOJ's recommendations for reform were up in the air, considering the tenor of the incoming administration. In the wake of Sessions' latest move, Emanuel said that the city is still "committed to reform."

Emanuel, along with Supt. Eddie Johnson, said in a joint statement:

"We can only speak for our intentions, we can't speak for the federal government. The reforms we have made over the past year are built on the principles of partnership and trust between our residents and our officers, and they laid the foundation for the 2017 reform plan we outlined just a few weeks ago.

Through these ongoing reforms we will ensure our officers have the training and support they need to do a tough job well, we will strengthen the relationship with our residents, and we will make our city a stronger, safer place. Reform is in our self-interest and that is why Chicago has been, is, and always will be committed to reform."

Sessions has shown to be deeply dubious of consent decrees in the recent past. During his confirmation hearings in January, Sessions stressed that low police morale was in part fuelling Chicago violence. Late in February, the AG called the Obama-era DOJ's Chicago findings "pretty anecdotal and not scientifically based," while admitting that he had only read summaries and not the entire report. And he offered no guarantee of a consent decree when he met with Johnson in March. Police union chief Dean Angelo didn't answer when asked about such an agreement after he too recently met with the Trump administration.

So given the history, Sessions' directive—and the uncertainty it casts upon a possible decree—is par for his course. But unlike so many previous non-guarantees, this new active review looks like the biggest, official punctuation to all that prelude. If the DOJ reforms are to go forward, now more than ever it looks like it will have to come from the local level.