The Justice Department is stalling on recommended civil rights charges against the police officer who killed Eric Garner in 2014, The New York Times reported Friday. Federal prosecutors have recommended bringing charges against Staten Island police officer Daniel Pantaleo, whose use of a chokehold while subduing Garner on a sidewalk led to Garner's death and sparked the rallying cry, "I can't breathe."
The prosecutors assert that Pantaleo's actions constituted a clear excessive use of force. But the Justice Department is wary of acting on the recommendation because it fears a case against Pantaleo may be lost at trial, the Times explains, as "juries frequently give great deference to police officers for actions carried out under pressure." Pantaleo has said he was trying to execute a different maneuver to subdue Garner — one that would not have put pressure on Garner's neck, like the chokehold did — but that his posture was adjusted in the struggle as he "feared he would be pushed through a storefront window behind him," per the Times.
The department's decision under Attorney General Jeff Sessions is sure to spark backlash, given Sessions' spotty history with race relations as well as the overall posture of the Trump administration. But both Loretta Lynch and Eric Holder, who served as attorneys general under former President Barack Obama, had reservations about the case as well, the Times notes; while Holder was convinced the evidence supported an indictment for Pantaleo, he conceded that prosecutors might lose at trial, and Lynch vacillated for months as to whether charges were truly warranted at all.
Deputy Attorney General Rod Rosenstein has "convened several meetings" as to whether to approve the charges, the Times reports, which have "revealed divisions within the Justice Department." One source told the Times that Rosenstein would likely eventually decline to pursue the case. Read more at The New York Times. Kimberly Alters
Former Michigan Gov. Rick Snyder (R) on Wednesday was charged with two counts of willful neglect of duty in connection with the Flint water crisis.
The charges are misdemeanors, and if found guilty, Snyder faces up to one year in prison and a $1,000 fine. Brian Lennon, Snyder's attorney, told The Associated Press "we believe there is no evidence to support any criminal charges," and prosecutors have not shared any details on the case with him.
Snyder served as Michigan's governor from 2011 to 2018. In April 2014, the emergency manager he picked to run Flint decided the city could save money by changing its water source from Lake Huron and the Detroit River to the Flint River. The water was not treated properly, and lead that leached into it from old pipes made residents sick. The tainted water also led to two outbreaks of Legionnaires' disease, which caused 12 deaths.
For five years, two teams of prosecutors investigated the role Snyder and other officials played in this environmental and health disaster. Charges are also expected for one of Snyder's former advisers and his state health director, AP reports. Catherine Garcia
Federal authorities on Wednesday issued a joint intelligence bulletin cautioning that last week's riot at the Capitol will be a "significant driver of violence" for white supremacists and armed militia groups.
The bulletin, dated Jan. 13 and sent by the National Counterterrorism Center and the Departments of Justice and Homeland Security, warns that extremists looking to trigger a race war or civil war "may exploit the aftermath of the Capitol breach by conducting attacks to destabilize and force a climatic conflict in the United States." Racist extremists and anti-government militias "very likely pose the greatest domestic terrorism threats in 2021," the agencies said.
The breaching of the Capitol is emboldening extremists, the bulletin states, and baseless conspiracy theories from QAnon will likely inspire some to "engage in more sporadic, lone-actor, or small-cell violence against" racial, ethnic, and religious minorities, government officials, and law enforcement. Additionally, individuals who have accepted President Trump's false claims that the election was "stolen" may also "adopt the belief that there is no political situation to address their grievances and violent action is necessary." Read more at The New York Times. Catherine Garcia
During a Wednesday phone call with police chiefs from across the United States, FBI Director Christopher Wray warned that there is the potential for extremist violence in the days leading up to President-elect Joe Biden's inauguration.
Wray was joined on the call by Kenneth Cuccinelli, the acting director of U.S. Citizenship and Immigration Services. They asked police departments to serve as their eyes and ears, sharing any intelligence they gather with other law enforcement agencies. Miami Police Chief Jorge Colina told The New York Times Wray asked the chiefs to "continue to overshare intelligence" and not assume that they already know about potential threats.
The Times spoke to another police chief on the call, who asked to remain anonymous. They said the U.S. Capitol has an extensive law enforcement presence, and the concern has shifted to attacks against federal buildings, state capitols, and the homes and businesses of lawmakers. Federal officials are monitoring extremist messages being posted online, and Wray said the police chiefs should be mindful of local armed groups and people acting on their own.
"They're very, very worried about these, what they've referred to as domestic violent extremists, embedding themselves in other protests," the chief said. "Christopher Wray seemed particularly concerned about what was sort of the disregard these folks have for democratic government. The focus was not to go after people engaged in peaceful protest. There were others embedded in that who were engaged in violence and criminal behavior." Catherine Garcia
House Speaker Nancy Pelosi (D-Calif.) signed the article of impeachment against President Trump on Wednesday evening, saying she was "heartbroken" over the president inciting "an insurrection."
The House of Representatives voted 232-197 to impeach Trump, a "responsibility we did not think one week ago we would have," Pelosi said during the brief engrossment ceremony.
The bipartisan impeachment was a way for the House to demonstrate that "no one is above the law, not even the president of the United States; that Donald Trump is a clear and present danger to our country; and that once again we honored our oath of office to protect and defend the Constitution of the United States, so help us God," Pelosi said. Trump is now the first president to ever be impeached twice. Catherine Garcia