Flynn’s Lawyer Reveals That She Personally Updated Trump About Flynn’s Case

Michael Flynn’s defense attorney personally updated President Trump on the status of Flynn’s case, and recommended against the idea of Trump giving Flynn a pardon, the attorney, Sidney Powell, admitted in court Tuesday.

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Biden Camp Slams ‘False, Crazy Random’ Claims From Trump Camp On Debate Rules

Democratic nominee Joe Biden’s campaign pushed back on Tuesday against the Trump campaign’s claims alleging that Biden had requested breaks during the upcoming debate on Tuesday night and that his campaign had agreed to allowing a third party to check both his and Trump’s ears for electronic transmitters.

Continue reading “Biden Camp Slams ‘False, Crazy Random’ Claims From Trump Camp On Debate Rules” →

WH Says GOP Rep’s Call For Probe Into Sources Of NYT Tax Bombshell Is ‘Important’

White House press secretary Kayleigh McEnany on Tuesday threw her support behind Rep. Kevin Brady’s (R-TX) call for a probe into the sources of the New York Times’ bombshell report revealing President Trump’s decades-long history of tax avoidance. Continue reading “WH Says GOP Rep’s Call For Probe Into Sources Of NYT Tax Bombshell Is ‘Important’” →

An FDR Moment

Last week we were joined on the podcast by a rising star of the New York Democratic party, incoming Congressman Ritchie Torres. Torres is 32 years old, currently serving on the City Council and recently won a very hard fought primary race for the Democratic nomination in the 15th district, which is in the Bronx. This is one of or perhaps the most Democratic district in the country. So he will certainly be a member of the House next year. We talked about the “FDR moment” incoming Democrats may confront in 2021.

Biden Surrogate Predicts He Will ‘Really Take The Fight’ To Trump During Debate

Rep. Ruben Gallego (D-AZ), who sits on the Biden campaign’s Latino Leadership Committee, on Tuesday anticipated Democratic presidential candidate Joe Biden hitting President Donald Trump on his bungled response to COVID-19 during the debate on Tuesday night.

Continue reading “Biden Surrogate Predicts He Will ‘Really Take The Fight’ To Trump During Debate” →

Schumer Says He Won’t Meet Barrett Amid ‘Illegitimate Process’

Senate Minority Leader Chuck Schumer (D-NY) said Tuesday that he would not meet with President Donald Trump’s Supreme Court nominee who is set to meet senators on Capitol Hill.

In a tweet early Tuesday, Schumer indicated that he would not meet with Amy Coney Barrett, the conservative current 7th Circuit Court of Appeals judge who President Trump officially nominated on Saturday to the Supreme Court. 

“Why would I meet with a nominee of such an illegitimate process and one who is determined to get rid of the Affordable Care Act?” Schumer said.

The comments come after Schumer previously said at a news conference over the weekend that he would not meet with Trump’s Supreme Court nominee who is poised to replace the late Justice Ruth Bader Ginsburg — a liberal icon whose recent death that coincided closely with the November presidential election sparked controversy about when to fill a vacant seat on the hight court. 

The prominent Democrat said Sunday that he wouldn’t meet Barrett “because I believe, first, that the whole process has been illegitimate, and, second, because she has already stated that she is for overturning the ACA.”

Protecting health care amid the coronavirus pandemic has become a leading message in an effort made by Democrats to undermine Trump’s nomination of Barrett, who is expected to challenge the Obama-era policy. Just a week after the election, the Supreme Court will hear the latest challenge to the policy — which holds the health care of roughly 23 million people in the United States in the balance.

Schumer’s remarks were welcomed by Democratic Sens. Richard Blumenthal (CT), Kirsten Gillibrand (NY) and Mazie Hirono (HI), who have indicated they won’t meet one-on-one with Trump’s nominee. They signal a departure, however, from comments made by colleagues Sens. Dick Durbin (D-IL) and Cory Booker (D-NJ), who said Sunday that they were open to meeting with Barrett. 

“If Judge Barrett’s views become law, hundreds of millions of Americans living w/pre-existing conditions would lose access to their health care. In the middle of a pandemic, rushing confirmation of an extreme jurist who will decimate health care is unconscionable,” Blumenthal tweeted Saturday. “I will refuse to treat this process as legitimate & will not meet with Judge Amy Coney Barrett.”

Gillibrand also called the process “illegitimate” in a tweet Sunday, writing, “I will not meet with Judge Amy Coney Barrett. This nomination process is illegitimate. I refuse to participate in the further degradation of our democracy and our judiciary.”

Veteran, War Hero, Defendant, Troll

This story was originally published by ProPublica. ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

War hero. Veterans advocate. Family man.

It was an image years in the making. Brian Kolfage had lost three limbs in an Iraq bomb blast in 2004, making him the most badly wounded airman to survive the war. He had become a motivational speaker, was the subject of sympathetic news profiles and was even a guest at former President Barack Obama’s State of the Union address in 2012.

More recently, 38-year-old Kolfage had positioned himself as a border security visionary after raising $25 million to construct privately funded fences in an effort to help President Donald Trump keep undocumented immigrants from crossing the southern border.

On social media and in the lucrative industry of online news sites dedicated to far-right politics, there’s a very different Kolfage, though. One who, over the last decade, has sharpened a strategy of retribution and retaliation against his online critics, asking his legion of followers to “expose” perceived enemies and “make (them) famous,” according to numerous interviews, hundreds of screenshots of since-deleted social media posts and court records from two defamation lawsuits to which he was a party.

Kolfage’s actions online have spawned an informal support group of individuals who have felt his wrath, including fellow veterans and progressives, as well as some of Kolfage’s former conservative allies. His social media activity has forced him to formally apologize to a perceived online critic as part of a court settlement and prompted a judge to issue a warning following his recent indictment on fraud charges.

Facebook has barred Kolfage from its platform for his online behavior, which includes creating multiple fake accounts and linking to “ad farms,” a company spokeswoman said, adding that his actions violated “our rules against spam and inauthentic behavior.”

Neither Kolfage nor his attorney responded to requests for comment. He’s previously said his social media approach is in response to negative comments that others publish about him, such as allegations of fraud.

Kolfage, along with three others, including former White House chief strategist Steve Bannon, are charged with defrauding thousands of donors to Kolfage’s nonprofit, We Build the Wall. Prosecutors allege the men deceived donors by using Kolfage’s public persona and his pledge not to take a dime in salary. Instead, Kolfage pocketed more than $350,000, according to the indictment. The men have pleaded not guilty.

So far, the nonprofit has helped build two private wall projects, including one in the Rio Grande Valley that a ProPublica/Texas Tribune investigation found could topple into the river if not properly fixed and maintained.

Kolfage has unleashed his growing army of followers on critics and opponents of those projects, including local elected and wildlife refuge officials and a priest. Death threats followed.

The National Butterfly Center, next door to the border fence built in the Rio Grande Valley, “openly supports illegal immigration and sex trafficking of women and children,” Kolfage tweeted last year. Facebook and Twitter messages calling staffers “pigs,” “pathetic filth” and “traitors” poured in. “You will be made to pay,” one Facebook follower declared in a message.

To those who know him, Kolfage’s online attacks reflect a pattern.

“His whole identity is wrapped up in people rolling out the red carpet for him, in being this war hero,” said Lindsay Lowery, who worked for Kolfage for about a year at his Freedom Daily website in 2017. “If anyone challenges that, he gets very nasty and vindictive. Facebook is his echo chamber.” Lowery said she left after she grew frustrated with what she called “clickbait” peddled by the right-wing site.

Mary Anne Franks, a law professor at the University of Miami and an expert on the intersection of civil rights and technology, said: “One of the disturbing trends in online harassment is that when you have enough followers or you are notorious enough, you don’t actually have to do the dirty work yourself.” She added, “All you have to do is throw out some inflammatory comments about a particular person and your followers are going to do the rest.”

Though Kolfage is technically barred from Facebook, the world’s largest social media platform continues to allow him to reach his 683,000 followers with antagonistic posts because it says a fan page bearing his name is operated by seven individuals across the country and, thus, “he is not posting personally,” the Facebook spokeswoman said.

A scroll through Kolfage’s fan page shows many of the posts are written in the first person, which Facebook said is allowed since he is not a designated hate figure. As of Sept. 23, the name of the principal page owner was similar to that of Kolfage’s wife, Ashley — the same person listed as running Bannon’s fan page. But the owner of Kolfage’s page was changed to Brian Kolfage after ProPublica and the Tribune asked the Kolfages about it.

Facebook said that is also allowed, even for a barred figure, as fan pages have the option of listing their public figure as owner. A spokeswoman reiterated that Kolfage himself is not the actual administrator since “he does not have access to Facebook because he cannot have a Profile.” Facebook did not say how it would prevent Kolfage from accessing the site through the account of someone close to him such as his wife.

Regardless of who is posting, since his indictment, Kolfage has found a new target: the United States Attorney’s Office for the Southern District of New York.

His Facebook fan page has repeatedly blasted prosecutors as “corrupt” and motivated by politics. A recent Facebook post garnered more than 1,500 angry comments supporting him.

“I see public hangings on the White house lawn,” one person commented on a recent post about why the indictment was a political hit job, adding, “Obama should be 1st.”

When prosecutors complained that the posts on Kolfage’s Facebook page could taint a potential jury pool, his attorney, Harvey Steinberg, argued in a hearing that the First Amendment gave his client the right to comment on the case. Though she did not issue a gag order, U.S. District Judge Analisa Torres said she may do so if the behavior continues.

And it has. Since the ruling, a steady stream of posts on Kolfage’s fan page have labeled prosecutors a “wing of Antifa” acting with “malicious” intentions.

Some of those on the receiving end of Kolfage’s previous online behavior say they have forever been changed.

Jackie Millinor, 64, a Massachusetts Air Force veteran and executive assistant, found herself in the middle of a social media showdown with Kolfage and his Facebook followers seven years ago. She came onto Kolfage’s radar after trying to end the harassment of a 61-year-old woman she had never met. Kolfage claimed the retired union representative had made a disparaging comment against him and veterans in general.

In response to her advocacy for the woman, Millinor said, Kolfage’s followers published her address and phone number on Facebook, which was shared widely. She said Kolfage contacted her employer through since-deleted tweets, asking that she be fired for harassing a wounded warrior. She said the attempt didn’t work, but the stress landed her in the hospital with gastrointestinal issues that required a blood transfusion.

Millinor is the founder of the informal Facebook support group of those who say they were targeted by Kolfage.

“It broke a piece of me,” Millinor said recently. “I’m not the same person now as before, after what Brian Kolfage did to me. My own family members thought I was crazy.”

Massachusetts resident Jan Vrotsos would get on Facebook to play games, wish friends happy birthday and keep up with their lives, she said.

But a 2013 post offering a family her condolences for losing their little girl to cancer — an illness she said she was then battling herself — placed her in the middle of an internet rabbit hole of fake pages, trolls and cyberbullies she knew nothing about.

It turns out Vrotsos had commented on a fake page Kolfage and others had set up to catch the administrator of a satirical liberal page called Republican Family Values that had used a picture with Kolfage’s baby as part of a meme making fun of his family.

Someone, it’s unclear who, then posted a fabricated comment to Kolfage from Vrotsos calling disabled veterans worthless. “I hope you die a miserable death you worthless fake hero. You and your family will be a burden on tax payers your entire life,” the fake message read, accompanied by Vrotsos’ profile picture of her standing in front of a sunflower field with her cocker spaniel, Buddy.

The post went viral. It was shared by Kolfage and his followers, along with Vrotsos’ picture, email and home address, as well as the phone numbers of her and her mother.

“This lady is enjoying her freedom at the expense of my legs and hand and enjoys bashing wounded warriors,” Kolfage wrote on social media. “EXPOSE HER.” It was liked by nearly 1,300 people and shared more than 12,000 times.

Almost immediately, Vrotsos’ then 81-year-old mother started getting calls to tell her daughter to get her affairs in order. Vrotsos received hundreds of threats, including one that said that they hoped she got “mugged and raped at gunpoint by a aids ridden piece of filth.”

Vrotsos filed a police report with the Medford Police Department on Dec. 30, 2013, detailing the harassment. But police told her there was little they could do to help. One officer told her that because of the “1st Amendment and free speech” most of her complaints “except real threats and intentional ID theft” were civil in nature and that she should get an attorney.

“The Medford Police Department simply does not have the resources to investigate all the Internet threats and harassments coming to Jan Vrotsos from around the country and from many different sources,” the report concluded.

But what bothered her the most, she said in a recent phone interview, is that the harassers found out where her dad was buried, and that they threatened to dig up the World War II veteran and “piss on his grave.”

“I was petrified,” she said. She didn’t leave her house for weeks. It would be years before she stopped looking over her shoulder, afraid people would recognize her.

Before all of this, she said she had no idea who Brian Kolfage was.

Born in Michigan and raised in Hawaii, Kolfage joined the Air Force and at one point was stationed at Goodfellow Air Force Base in San Angelo, Texas, where he met his wife, Ashley. In 2004, two weeks into his second deployment to Iraq, a rocket exploded a few feet from him, severing both of his legs and his right hand.

The Purple Heart recipient recovered after undergoing 16 surgeries in six months, enrolled in architecture school and often spoke publicly about his experience, becoming the face of resilience and perseverance.

In addition to being former Democratic Arizona congresswoman Gabrielle Giffords’ special guest to the State of the Union address, Kolfage served on her veteran’s advisory council.

“We were just absolutely astounded when we met him,” Giffords’ then-district director Ron Barber told Cronkite News in January 2012. “His attitude, his positive view of the world despite the fact that he’s lost three limbs. It was just extraordinary and inspiring.”

A year later, however, Kolfage was sharing conspiracy theories and calling Obama “a halfbreed” on Facebook.

He would soon begin running a number of right-wing websites and Facebook pages that he claimed earned him as much as $200,000 per month, according to text messages reviewed by ProPublica and the Tribune. The sites included sensationalized, photoshopped and in some cases fabricated content, and several were shut down by Facebook for “inauthentic activity” in 2018.

“It got really crazy by the end with photoshopped images all the time,” said Lowery, Kolfage’s former Freedom Daily employee. “I said I’m not going to profit off of lies.”

A text exchange between Lowery and Kolfage viewed by ProPublica and the Tribune shows one example: a fake picture of Hillary Clinton being led away in handcuffs with the headline: “TRUMP’S DOJ JUST DID IT!!! It’s FINALLY happening!!!” Questioned about the photo, Kolfage tells Lowery: “it’s just a graphic. Best story of the day.”

After Lowery quit, Kolfage accused her of trying to lure his employees away to another site, Lowery said. She believes that in retaliation he made false reports to the FBI and her husband’s employer that she was a security threat, a claim previously reported by BuzzFeed.

Lowery said that she shared threatening texts from Kolfage, which included the warning to “start hiding your tracks,” with the FBI and her husband’s employer, and that their inquiries ceased soon after.

Online, Kolfage continued to leave a trail of bullying and personal attacks. While Kolfage has deactivated many of his previous social media accounts, including Twitter, which he closed soon after the indictment, court documents and more recent, undeleted social media activity indicate similar behavior. This week he rebooted his Twitter account to post about the “politically corrupt” case against him.

That vitriol toward Vrotsos is what caught the attention of others, including vets like Millinor, who went on social media to confront Kolfage in her defense.

It also brought out the worst in people. Some went after Kolfage, leading to mutual online attacks, fake social media pages from both sides, the release of personal information of members of the informal support group and calls from Kolfage to his followers to report them to their employers. Kolfage launched a defamation lawsuit against half a dozen online opponents.

Kolfage and his wife demanded the removal of social media posts calling him names such as Nazi and “pill-addled junky” as part of their defamation lawsuit.

Back then, Kolfage told Fox 10 Phoenix that he felt he needed to take legal action after adversaries started going after his family and tried to ruin the career of his wife, who was a teacher and a model.

“They would say they wished I had died, they said I was a drain on the government system, just really nasty stuff. I started sharing the comments, and it went viral,” he said. “Because I was just fed up with it.”

The judge ruled in favor of several of the defendants and dismissed the case in 2015. Some defendants reached a settlement with Kolfage that included an agreement to not publish anything about the other and to remove disparaging statements where possible.

As part of the settlement, Kolfage also apologized to Vrotsos for sharing her public information.

“I published Jan’s information on my public Facebook page and I regret anything that transpired to Jan as a result of that,” Kolfage wrote in a signed statement submitted to the U.S. District Court of Arizona on June 30, 2015.

On Facebook, Kolfage said he didn’t believe Vrotsos had authored the post and blamed trolls whose goal was to cause as much misery as possible. “I want to apologize on behalf of my supporters to Jan, who were sucked into this whirlwind and participated in any malevolent behavior,” he wrote. “It is my sincere hope that this can be a learning experience for everyone (including the people who are attacking my family wrongfully) and that we can all put this behind us.”

After that experience, Vrotsos says she now tries to be more careful online. “I don’t want anything to start up again,” she said.

Louis Caponecchia, a Navy veteran who was among those who prevailed after being sued by Kolfage, said many people who tangled with Kolfage have gone into hiding online.

“These are regular people, they’ve never had 10 angry messages on Facebook before and then to get dozens, your average person has no idea how to deal with all that stuff,” he said. “It’s pretty easy to scare and intimidate people. Me, I have a big mouth and nothing to lose. I fought back and that really enraged him.”

Caponecchia has traded online barbs with Kolfage and his supporters and been temporarily barred from Facebook, which he blamed on Kolfage directing his followers to flag his posts. He also operates a blog aimed at uncovering what he says are Kolfage’s misdeeds.

Last year, as Kolfage led his nonprofit’s private border wall projects, his social media attacks would escalate even more.

We Build the Wall’s first project was a half mile of fencing in Sunland Park, New Mexico, just outside El Paso, where Kolfage grew furious when local officials halted construction because of a lack of building permits.

“Burn up the phone lines and email guys!” reads a post on Kolfage’s Facebook fan page, which also included the address and phone number of Sunland Park City Hall and direct contact information for the mayor and city manager. “Ask them who was paid off by the cartels! WE WON’T STOP! YOU DON’T STOP!”

In response, Sunland Park Mayor Javier Perea said he received several death threats and thousands of messages, some telling him to watch his back or that they were going to release his personal information. “You are one major piece of un American piece of crap,” one email read.

He told ProPublica and the Tribune that more than a year later he still had thousands of emails he hadn’t gone through.

“Their intention was to bring attention to the issue and fundraising,” Perea said, “because shortly thereafter, they were able to fundraise millions of dollars for their project.”

The International Boundary and Water Commission, headquartered in El Paso, was also on the receiving end of harassment after agency officials opened a gate We Build the Wall constructed on federal property without permission.

In response, Kolfage encouraged his fan page followers on Facebook and Twitter to call the binational government agency and demand they “#CloseTheGate.” He also accused its commissioner, Jayne Harkins, a Trump appointee, of letting unauthorized immigrants into the country and undermining the president.

The commission received hundreds of calls from his supporters.

“The typical message would be somebody would call and say ‘open the gate’ and hang up,” said Sally Spener, a spokeswoman for the commission. “It made it difficult for us to receive other business-related calls and our job.”

More than a year after construction of the half-mile stretch of fence, Spener said, We Build the Wall hasn’t fulfilled all of the requirements set out by the agency, including an operation and maintenance plan and evidence of financial responsibility for damage or injuries that can be caused by the gate.

In response to questions about his allegations and social media claims, Kolfage told ProPublica and the Tribune in July that the border is loaded with corruption. “It was border patrol agents who alerted us that the very first people to come out strong against our wall were the ones paid off,” he wrote in an email.

In the Rio Grande Valley, Kolfage accused the National Butterfly Center of enabling sex trafficking and sent what executive director Marianna Treviño-Wright considered a threatening tweet claiming that there were “snipers in your bushes doing security for our team.”

Treviño-Wright, who has filed a defamation lawsuit against Kolfage, said she was unprepared for being publicly labeled a human trafficker. “Once there was blood in the water, his buddies and bots and We Build the Wall donors were sharks.”

But she said Caponecchia, a onetime target of Kolfage’s, reached out during the social media assault, offering advice and guidance. “I could ask Louis questions and bounce things off of him, what we might anticipate.”

A longtime opponent of the border wall, Treviño-Wright said she was forced to take security precautions at her home and office and reported what she considered suspicious activity near the butterfly center to local and federal authorities.

“There is no way to insulate yourself and family from the online attacks or from those people showing up like … militia people,” she said. “I think the prosecutors and judges (involved in the Kolfage criminal case) need to understand they now have targets on their backs.”

The criminal indictment has brought relief to some of Kolfage’s past targets, who say they are looking forward to his trial in May 2021.

“All the fear I’ve been holding all these years just went away,” said Millinor, the Air Force veteran. “I said: ‘You know what, I’m not going to hide anymore. Come hell or high water I will be in that courtroom.’”

 

The Obama Justice Department Had a Plan to Hold Police Accountable for Abuses. The Trump DOJ Has Undermined It.

This story first appeared at ProPublica. ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

It was caught on tape. A Seattle police officer lunged into the backseat of a patrol car. The Black woman detained inside had been combative, but she already had her hands cuffed behind her back. Still the cop punched her in the face, breaking an orbital bone.

The Seattle Police Department moved to fire the officer for excessive force, but in November 2018, the cop’s union lawyer was able to convince an arbitrator to overturn the termination.

The implications of the incident went beyond the officer. The entire Seattle Police Department was under an agreement reached with the Obama administration Department of Justice because its officers had a pattern of abuse similar to the incident in the patrol car. That agreement, known as a consent decree, forced the department under tight federal oversight until it reformed itself. The Seattle police had already made a string of changes, including ending unconstitutional stop-and-frisk and improving training.

But the inability to easily fire the officer from the patrol car incident called the city’s progress into question. If the department couldn’t even get rid of officers it thought should be fired, then its disciplinary system potentially violated the settlement agreement, the judge assigned to oversee the consent decree said. The court-appointed independent monitor for the consent decree agreed.

But instead, the Justice Department of President Donald Trump took an unusual stance in court: It argued that the city’s disciplinary system was fine the way it was.

District Judge James Robart was shocked. In a filing, he accused the federal government of reversing its position on “the old accountability system’s inadequacy” and doing so “for the sake of political expediency.”

In Seattle and jurisdictions across the country, the Trump administration’s Department of Justice has pulled back on policing the police. It has not entered into a single new consent decree with any law enforcement agency suspected of systemic abuses of constitutional rights. It has only announced the completion of one investigation into such abuses.

But the pullback goes deeper. The Justice Department has also been undermining the existing agreements between the federal government and abusive police forces across the country, according to interviews with court-appointed monitors and former Justice Department officials.

The Obama Department of Justice entered into 15 consent decrees with law enforcement agencies, up from three under the Bush Justice Department. The settlement agreements, which come after a lawsuit by the federal government alleging unconstitutional policing, compel police agencies to fix themselves while under the close watch of Justice Department attorneys and an outside independent court monitor.

The Department of Justice was still overseeing all of these agreements when Trump entered the Oval Office in 2017. Supporters of the increased oversight worried that the Trump Justice Department would try to pull out of them entirely. It did so in Chicago just before an agreement was to be finalized and tried to in Baltimore. But instead of pulling out completely of those already well underway, it has eased up on enforcing them, managing to avoid negative attention and the ire of uncooperative judges, according to court-appointed monitors and former Justice Department lawyers.

The Justice Department has taken a similar approach in places like Cleveland, Los Angeles County and Newark, New Jersey, as it did in Seattle, with attorneys for the federal government failing to push for reforms, refusing to publicly back up frustrated monitors and not pressing local police forces to meet the requirements they agreed to.

The Justice Department declined to comment for this story.

As excessive force and killings by police have led to one of the biggest social justice movements the country has ever seen, the Trump administration has embraced police departments and attacked protesters as lawless and violent. Trump has taken on the “law and order” mantle as a centerpiece of his campaign. And top Trump officials, including then-Attorney General Jeff Sessions, have questioned whether the federal government should play an active role in reforming bad law enforcement agencies.

“If the city knows you’re not going to litigate because the head of the Justice Department is saying they don’t believe in consent decrees, then they know you’re not going to get the authority and they call your bluff,” said Sharon Brett, a former DOJ attorney who worked on investigations and consent decree enforcement during the Obama and Trump administrations.

People involved in these cases said career attorneys at the Justice Department’s civil rights division are acting cautiously, seeking not to draw the attention and ire of the politically appointed bosses in Washington. The chill has led to an exodus of attorneys from the unit that handles consent decree enforcement since the start of the Trump administration. (The DOJ would not share personnel numbers with ProPublica.)

Court-appointed monitors tasked with examining the progress being made by local police forces have noticed the shift.

“You would never know they’re party to the consent decree,” one monitor said, asking for anonymity to avoid angering the Justice Department. “I’ve never seen DOJ lawyers be so passive.”

Consent decrees are a relatively recent tool for reforming troubled police departments.

They were made possible by the Clinton administration’s 1994 crime bill, the same piece of legislation that has become radioactive among criminal reform advocates for contributing to over-incarceration. A provision of the law empowered the Justice Department to sue cities and counties for unconstitutional practices by their cops and prosecutors.

The process begins with civil rights attorneys from the Justice Department opening what’s known as a “pattern or practice” investigation into a police department or other law enforcement agency. They examine whether the rights of residents are being violated — either through excessive force, racially biased stops, unjustified arrests or other misconduct. On occasion, the Justice Department will sue those local jurisdictions or, in the most serious cases, enter into consent decrees.

Those agreements require the local jurisdictions to work with the Justice Department for years to complete a list of reforms and to prove to a judge those reforms are working. The court-appointed monitors, typically a police practices expert or former law enforcement official, examine how well the police force is implementing the changes in a series of public reports. If the local agency refuses to take required steps, or is too slow, it can be sanctioned by the judge on the case. The sanctions can include fines or even jail time for an obstructive police chief or other city official.

The process can be invasive and burdensome for local jurisdictions, particularly cash-strapped ones. After the shooting of Michael Brown, the unarmed Black teen whose death launched nationwide protests, Ferguson, Missouri, entered into a consent decree with the Obama administration Justice Department in 2016. The community has struggled to hire experts in data analysis and other fields that the agreement demands.

But experts believe the process is one of the most effective for righting wayward police forces.

“It’s a once-in-a-lifetime opportunity. You get to fix things institutionally,” said Peter Harvey, the former New Jersey attorney general and the current court-appointed monitor for the consent decree in Newark. “Once if you fix it organically, that culture persists.”

One consent decree widely considered a success is the 2001 agreement reached with the Los Angeles Police Department. The complaints of racist and brutal policing went back decades, prompting riots, like after the 1991 Rodney King beating, and major scandals, including when officers in the Rampart anti-gang division were discovered to be planting evidence and carrying out unprovoked shootings.

The federal oversight in Los Angeles lasted what local officials complained was an interminable 12 years, but in the end, even longtime LAPD veterans praised its outcome. In 2013, Chief Charlie Beck credited the consent decree with making “this a department that I am proud to hand over to my children.” A Harvard study on the reforms found that the police reduced incidents of serious force and that public satisfaction with the force rose to 83%.

From the beginning, the Trump administration took a hostile stance on these types of reform efforts. Trump’s first attorney general, Sessions, set the tone when he said the investigations “undermine the respect for police officers and create an impression that the entire department is not doing their work consistent with fidelity to law and fairness.” He pulled out of a consent decree effort in Chicago, leaving it to the state attorney general to pick up, and tried to pull out of an agreement in Baltimore, which a federal judge blocked. Just before he resigned in 2018, Sessions issued a memo requiring high-level approval for any new consent decrees and raising the standard that staff attorneys needed to meet before opening a new investigation.

In Los Angeles County, the Justice Department entered into a settlement agreement with the Sheriff’s Department in 2015 after finding that cops assigned to the desert towns on the county’s northern outskirts were discriminating against Black and Latino residents.

According to the complaint the Justice Department filed in court, rank-and-file deputies were stopping and searching Black residents at higher rates, even though they were found to have contraband half as often as white residents. Even people who posed no obvious danger — including domestic violence victims and minor traffic offenders — were routinely being detained in the back of patrol cars. The agency’s deputies were assisting affordable housing inspectors in searches that intimidated Black residents and forced them from their homes.

Members of the department didn’t do much to hide their bias. During a tour with federal investigators, a sheriff’s supervisor remarked that all newly arrived Black residents in the area were current or former gang members. A sheriff’s captain suggested that affordable housing residents were offering shelter to gang member relatives “from South Central” — a neighborhood on the other end of the county with a large percentage of Black residents..

But five years into the settlement agreement, the agency has not overhauled its data collection system to track its interactions with the public to see if people of color are still being disproportionately stopped or harassed, one of the key reforms the agency agreed to with the Justice Department.

“It is fundamental,” said Joseph Brann, the co-chair of the team in charge of monitoring the agreement.

Both chairs, Brann and Angela Wolf, said the Sheriff’s Department resisted an expensive fix. The settlement agreement only applied to part of the sheriff’s jurisdiction, but an overhaul would require the sheriff to change his data collection agencywide.

In 2018, they pressured sheriff’s officials to act. Their response was, “‘We’re gonna make some phone calls, we’re gonna see,’” Wolf told ProPublica.

The monitors took that as sheriff’s officials suggesting they would appeal to Justice Department supervisors to try to get around the requirement.

“It wasn’t quite a threat,” Wolf said. “But it was an ‘uh huh, we’ll see if you’re right about that.’”

The staff-level attorneys are committed to enforcing the deal, but “we get the sense that higher up, supervisors are sometimes working in opposition to the mission,” Wolf said. “We do know there were times when sheriff’s officials made a phone call to higher-ups at DOJ,” she said, adding, “We do know that level of influence was being offered.”

And the department has still not revamped its system. The Sheriff’s Department did not respond to questions from ProPublica.

The monitors’ concerns go beyond the data issue. For a year and a half during the settlement agreement, sheriff’s officials ignored requests to make agreed-upon changes to their use-of-force policy. Only recently did the office begin to engage again with the monitor. But to this day there is still not an approved new policy.

Cleveland entered into a consent decree in 2015 after the Justice Department found its officers were using excessive force on residents, shooting at people who didn’t pose an immediate threat and using guns carelessly, including hitting people on the head with them. Cleveland cops were also using Tasers and pepper spray on people who were already handcuffed, at times not based on any threat they posed in the moment, but to punish them for earlier remarks. Officers who investigated their colleagues’ shootings admitted their goal was to cast accused officers in “the most positive light possible.”

In the consent decree with the Justice Department, Cleveland agreed that a judge would have the final say on a body cam policy. The city, with support from the police union, proposed that officers would not need to wear body cams if they were moonlighting.

When police officers worked as security at a Cavaliers game, for example, getting paid by a private entity, they weren’t required to wear cameras, even though they would be armed, wearing their uniforms and functionally acting as police officers. The police union was determined not to bend on this. When the city tried a voluntary pilot program to encourage moonlighting officers to wear cameras, the union distributed a letter instructing its members that it “is the OFFICIAL UNION POLICY to refrain from ‘VOLUNTEERING’ for anything with regard to work.”

The monitor objected to the moonlighting carve out.

“A system where one set of rules applies to officers working a city shift while another set of rules applies to officers working for a private employer fosters confusion, not confidence, among the community,” Matthew Barge, the monitor in Cleveland, argued in court.

The judge assigned to the case also signaled he agreed: “When you’re a police officer and you’re policing, whether it’s a bar or restaurant or whatever, people see you as a police officer.” He expressed concern that officers were “not encouraged but discouraged to volunteer.”

But at a June 2017 hearing, the Justice Department did not strongly support the monitor. The attorney told the judge that DOJ was “hopeful” that “the officers will see that using cameras on secondary employment is going to be beneficial for them and not burdensome.”

The Justice Department, she added, “looks forward to hearing about the progress of the pilot program as the rest of the months go on.” At that point, however, the pilot program had zero volunteers and was functionally dead.

Today, moonlighting Cleveland cops go about their duties without body cams.

Justice Department lawyers in Newark have taken a similar approach.

The city entered into a consent decree with the federal government in 2016. The Justice Department had alleged that a whopping 75% of the pedestrian stops Newark police made did not have a legitimate basis. Even though just about half the city’s residents are Black, they made up about 80% of stops and arrests.

Last year, as the consent decree was ongoing, a Newark cop shot repeatedly at a moving car, even as his partner urged him to “Relax! Relax bro!” He killed the driver, a Black man, and seriously injured the passenger. The officer had fired three separate times during a short pursuit, while the suspect’s car was in motion, a discouraged practice because of the danger it puts innocent bystanders in. The shooting was considered particularly reckless because the suspect’s windows were heavily tinted.

The monitor on the case repeatedly asked for video footage of the shooting in order to assess whether the department’s use-of-force policy needed revisions. He was repeatedly denied.

“The City and (Newark Police Department’s) response in refusing to produce the requested information violated the letter and spirit of Consent Decree,” the monitor wrote in one report. He only received the footage later, after it was aired on the local news.

The monitor could have used help from the Justice Department. But federal attorneys never spoke up.

“Not a word out of DOJ,” said someone involved in the case. “No email, no phone call, nothing.”