Dems: Linick Testified That State Officials Tried To ‘Bully’ Him Away From Pompeo Probe

Ousted State Department Inspector General Steve Linick testified that State Department officials tried to “bully” him away from his probe into an emergency declaration that cleared the way for an arms deal with Saudi Arabia, according to Democrats.

Continue reading “Dems: Linick Testified That State Officials Tried To ‘Bully’ Him Away From Pompeo Probe” →

I Cover Cops as an Investigative Reporter. Here Are Five Ways You Can Start Holding Your Department Accountable.

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.

The death of George Floyd at the hands of police in Minneapolis has drawn historic levels of interest in police misconduct and drawn condemnation from law enforcement leaders nationwide.

As a reporter covering law enforcement for the Asbury Park Press in New Jersey, and now in partnership with ProPublica’s Local Reporting Network, I use investigative reporting techniques to strengthen police accountability. Other journalists do the same. But, in truth, any citizen can apply the same methods to ensure the law enforcement system they’re funding is serving them well.

Police culture can be insular and tough to penetrate. But I’ve been surprised by how often it’s possible, though time consuming, to expose important issues by requesting and examining records and data from police departments and other government agencies and engaging citizens and key leaders. So here are five techniques concerned citizens, journalists and policymakers can use to examine police conduct in their communities.

1. Understand the policies and laws that govern police conduct.

If you’re alarmed by what you saw in Minneapolis, or other recent incidents of apparent police misconduct, the first step is to find out if the agency in question has a written policy on the use of force. Does the policy dictate when officers should or shouldn’t use force? What tactics are they allowed to use? Is there any rule against choking a suspect?

It’s important to know if the officers involved were following the policies and procedures that are supposed to guide their behavior. Police actions that strike an onlooker as inappropriate may actually be within a department’s rules. It’s possible the rules themselves are inconsistent with best practices elsewhere.

Ask the department for its policies on the practices that concern you, like restraining suspects or the use of pepper spray or Tasers. You may also need to request rules set by a county or state authority. Ask for written copies. You may be required to file a formal public records request, which I will describe below. And if there is no existing written policy, that might be something worth questioning itself.

If you’re having trouble understanding a policy, try running it by an attorney, academic, elected official or a journalist in your community.

How I did it: I did a deep dive into policies about drug testing after a police captain was killed in a car crash in 2016, and I exposed that he was drunk and on drugs at the time. I spoke to his chief and learned their department didn’t have a policy for random drug testing. I wondered why that was the case and looked to the state attorney general’s office, which sets many police rules. The rules allowed departments to choose whether they wanted to do random testing, and my reporting identified more than 100 that did not. After our story, the state attorney general mandated random drug testing for cops across the state.

2. You are entitled to public records that can show whether rules are being followed. Get them.

Your tax dollars pay for just about everything a police department does, which includes generating tons of reports, dispatch logs, video recordings and data about what officers do every day. Any citizen is entitled to see those public records to understand how the government works.

The agency may say the public records law does not allow you to have access to some documents — information about confidential informants and medical records, for example. The laws that dictate what’s considered public vary by state, so check out the national guide by the Reporters Committee for Freedom of the Press. Information the agency considers off limits may also be redacted, and it may take time to get a response.

Even with the hassles and limitations, public records laws are empowering and I’ve been surprised by how much I can obtain. My policy is always to ask and make a records clerk explain why I can’t have taxpayer funded records. Follow up to ensure important requests aren’t lost or ignored. Assume you should be able to see everything. Your state’s public records law may even include a presumption that records are open and exemptions are an exception. You may run into roadblocks that you can’t overcome on your own. In some cases, journalism organizations have had to sue to obtain public records. Your budget may not allow for an attorney, but some states have mediators that you can go to if you think your request is being wrongly denied.

It’s striking how much information the government collects but then does not review. So you might be the first person to ask for a particular body of records and put them together to identify an important trend which you can share with leaders who weren’t paying attention to the issue. Your local journalists may also be very interested in the information you have gathered.

Sometimes it’s hard to even know which records exist. That’s where documents commonly known as records retention schedules come in handy. Government agencies use these to track which records they keep and how long they hold onto them. Use the schedules to help you see what you might be able to obtain. These are available all over the country. Just for fun, I looked up the city of Los Angeles — they call them records disposition schedules and found them for agencies ranging from the Police Department to the zoo. The agency of interest to you might use a different name for the document, so call them and ask if they have a written guide that shows which records they maintain and for how long.

How I did it: I started investigating police car chases after I saw the government keeps summaries of those incidents, including how many people are arrested or injured. I saw I could add up those figures and see if the benefits of the chases outweighed the risks and harm. I discovered that chases in recent years usually didn’t end with an arrest, and that lots of people get hurt, including cops and bystanders.

If you’re interested in scrutinizing the type of misconduct we saw in Minneapolis, you could request use of force reports. New Jersey made those public a few years ago, and Newark Star-Ledger journalistsused them to great effect. ProPublica has that data available here for a fee.

If I were investigating a case of violence by the police I’d ask for:

  • The use of force reports filed by the officers involved.
  • Related incident reports.
  • Computer-assisted dispatch reports.
  • 911 phone call recordings.
  • Body-worn and vehicle-mounted camera recordings.

I might also request policies that dictate how an agency handles complaints against officers. Some states consider substantiated complaints against individual officers to be public records, so you could request them, depending on where you live. WNYC has a helpful breakdown of where that information is public. If you’re looking for video from police body cameras, the Reporters Committee has a guide that shows the places where those are considered public. If you want to obtain recordings of 911 calls, they have a guide for those, too.

You could also be more general and ask the relevant department for substantiated internal affairs complaints alleging excessive force in the past year or so, if those are public in your state. Departments might keep summary data on internal affairs complaints, so ask for the most recent copy of that, too.

3. Identify the power players and engage them.

Engaging law enforcement leaders is essential to understanding policing, and their involvement is key to fixing problems. My access and experience as a white man who works for a news organization may be different than someone else’s experience. It also depends on who you talk to and their openness to criticism. But I think we stand the best chance of a good outcome if we deal with each other respectfully.

Many policing issues are handled at the local, county or state level. Part of your work will involve figuring out who is responsible for the issue you’re concerned about.

“All policing is local,” former Milwaukee police Chief Edward A. Flynn told me. Like many cities, Milwaukee is also experiencing unrest and criticism of the police. Flynn, a well-known law enforcement leader, encouraged conversations between citizens and cops, possibly aided by a neutral third party like a local faith leader.

“The key to changing policing is on the ground level,” he said. He added that it helps for citizens to praise the good work they see from their officers. He encouraged the public to consider crime statistics when scrutinizing police tactics.

I have found that the police themselves are often open to talking to me about the problems in their profession. Many I have talked to feel bad when things go wrong.

How I did it: I’ve been amazed at who is willing to talk to me when I simply take the time to ask. As part of my investigation into police car chases, I talked to a former cop who lost her police officer husband when his vehicle was struck during a high-speed pursuit. I was touched by the way she took hours from her busy life to tell me some of her most painful memories and share her insights as a former cop.

I took my findings to the attorney general, the state’s largest police union and to lawmakers who vowed action. “It appears to me there’s a lot more harm done than good right now,” one of them said about the high-speed incidents.

“If the community has an issue either positive or negative with their law enforcement, then they should definitely have a conversation with the mayor, council and police chief,” said New Jersey Assemblyman Gordon Johnson, a former cop who has participated in community discussion about police issues.

Contact information for law enforcement leaders is often available online. They may regularly attend meetings that are open to the public.

4. Presenting findings in a fair and persuasive manner is a powerful way to spur reform.

Show police leaders the problem that concerns you, using specific examples and quantifying the damage broadly. Show them the harm. Be careful to be fair. Frame the violations by showing how they go against policies or laws or best practices. Back up what you’re saying with the evidence you’ve acquired.

How I did it: To highlight the dangers of police car chases, I introduced readers to Eric Larson, a young father killed when his car was hit by a motorcyclist fleeing police. Then I quantified the harm based on the records I had obtained: “New Jersey police pursuits killed at least 55 people in the past decade and injured more than 2,500.”

Remember that there’s always a different view to your perspective. Integrate it into your presentation if it is legitimate. Acknowledging the counterpoints helps you focus and ask tougher questions. In the car chase story, I made sure to also note incidents in which police chased a suspected killer and men wanted in connection to a shooting. Sometimes police chase violent criminals, but is it worthwhile for cops to chase someone for a traffic violation?

Policing is tough work, and there are times when cops use justified force. Differentiate how the issue you identified deviates from what’s appropriate.

5. Follow up relentlessly until change is made.

Change is incremental and can take years. You will likely have to repeat yourself and persist in your efforts. But if you’ve found an issue of serious public importance — like the use of force incidents we’ve seen lately from the police — there may be ongoing examples you can point to as you make your case to decision-makers.

It may be worthwhile to reach out to local journalists with what you’ve found. News outlets often have a tip line you can call. Or, find a reporter who covers similar issues and call or email them with what you’ve found. I take calls like this frequently and look forward to them. Academics who study criminal justice may also be interested. You can look them up at your local college or university. When reaching out to reporters or academics, keep it brief and focus on the facts.

The wave of protests is hitting home for many people, including in my newsroom in New Jersey. On Monday, police arrested my Asbury Park Press colleague Gustavo Martínez Contreras after he filmed officers tackling two minors to the ground in Asbury Park.

I’m continuing to investigate police accountability problems in New Jersey this year in partnership with ProPublica’s Local Reporting Network. If you have a tip for me, please share it.

If you have questions about applying the suggestions in this column, please email me at aford3@gannettnj.com. And if you find anything interesting as you start to investigate law enforcement practices, please let me know. I may want to follow up or promote your work online.

 

Graham Rips Mattis’ Scathing Statement: ‘It Is So Fashionable’ To Blame Trump

Sen. Lindsey Graham (R-SC) on Thursday joined President Trump in bashing former Defense Secretary Jim Mattis after he issued a scathing statement criticizing the President’s “abuse of executive authority” to clear the way for his surprise photo-op in front of St. John’s Episcopal Church earlier this week. Continue reading “Graham Rips Mattis’ Scathing Statement: ‘It Is So Fashionable’ To Blame Trump” →

Trump’s Mar-a-Lago Buddy Used His ‘Shadow’ Sway Over the VA to Promote His Comic Book Empire

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.

Two and a half years ago, top officials from the U.S. Department of Veterans Affairs rang the closing bell of the New York Stock Exchange. Standing on the podium with them was a cheering, flexing Captain America. Spider-Man waved from the trading floor below.

The event had been billed as a suicide prevention awareness campaign. No one could figure out what the Marvel characters were doing there. David Shulkin, the VA secretary at the time, said in a memoir about his tenure that he was as surprised as anyone.

The answer, it turns out, lies with the sweeping influence over the VA that President Donald Trump gave to one of his biggest donors, Marvel Entertainment chairman Ike Perlmutter.

Before the event, Perlmutter emailed senior VA officials that he had “arranged” for Marvel characters to be there, according to a newly released yearlong audit by the Government Accountability Office, Congress’ independent watchdog.

Recognizing the potential for ethical questions, a VA official sought advice from the agency’s lawyers. “Marvel Communications is doing this and we don’t, as far as I know, do business with them,” the unnamed official wrote in an email cited in the GAO report.

The report reinforces the findings of ProPublica’s investigation into the sway that Perlmutter and his friends held at the VA, even though none of them had experience serving in the U.S. military or government.

After the election, Trump asked Perlmutter, an intensely private billionaire, to advise him on veterans issues, and Perlmutter enlisted the help of a doctor, Bruce Moskowitz, and a lawyer, Marc Sherman.

The trio “created a ‘shadow reporting structure’ in which they were stakeholders without a formal role,” an unnamed former official told the GAO.

They became known inside the VA as the “Mar-a-Lago Crowd” because they met at Trump’s club in Palm Beach, Florida, where Perlmutter is a paying member.

Perlmutter, Moskowitz and Sherman communicated with VA officials as often as every day from late 2016 until mid-2018, the GAO said, giving advice and recommendations on VA policies, programs and personnel.

Sens. Elizabeth Warren and Brian Schatz, who requested the GAO’s review after ProPublica’s coverage, said the report confirms that Trump empowered his friends to secretly steer the second-largest government agency without any accountability or oversight.

“Three unqualified, unaccountable cronies used their personal relationship with the president and membership at his country club as leverage to exert personal influence over health care, technology, personnel and other key decisions at the Department of Veterans Affairs,” Warren, D-Mass., said in a statement. “The VA must make decisions based only on the best interests of veterans — not on the whims of private individuals with special access to the president.”

In a statement, Perlmutter, Moskowitz and Sherman said they provided assistance to the president and VA officials who asked for it. “We volunteered to assist the VA solely because we wanted to help America’s veterans get the best possible care,” they said.

Disney, which owns Marvel, didn’t immediately respond to a request for comment.

The VA told the GAO it had no comments on the report. In a statement to ProPublica, VA press secretary Christina Noel said, “This report vindicates the department and completely undermines the sensational way many media outlets covered this story.”

In more than 1,000 email exchanges, as well as interviews with current and former officials, the GAO found that the trio interacted with the VA about a large number of issues: hiring of senior executives, a $10 billion contract to overhaul the agency’s electronic medical records, suicide prevention and mental health efforts, a conference on registries for medical devices, and a government partnership with Apple to develop a mobile app.

The trio also discussed “veterans’ ability to seek health care outside of VA facilities,” the GAO said. That issue — which Trump calls “choice” and critics call a march toward privatization — was a campaign promise and political priority for the president.

The GAO did not make any conclusion about the propriety of the trio’s involvement in the VA. A federal judge has rejected a claim by a liberal activist group that the trio’s involvement violated a Watergate-era sunshine law regulating how agencies can seek outside input. The group, VoteVets, has appealed.

The House Veterans Affairs Committee has its own investigation into Perlmutter, Moskowitz and Sherman. In particular, House investigators have shown interest in a possible connection to a risky antidepressant that Trump has personally promoted for preventing veteran suicides. A spokesman for the trio has said they weren’t involved in the VA’s consideration of the drug.

Do you have access to information about the VA that should be public? Email Isaac Arnsdorf at isaac@propublica.org. Here’s how to send tips and documents to ProPublica securely.

For more coverage, read ProPublica’s previous reporting on Trump’s VA.

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Force Against Protesters Was Necessary Because Of… Drug Traffickers, Feds Assert

The supposed presence of “drug trafficking organizations” at protests in the wake of George Floyd’s death justified the use of “escalated force” at the demonstrations, U.S. Customs and Border Protection claimed in a memo revealed Wednesday.

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NYT Staffers Rail Against Publication Of Cotton’s ‘Send In the Troops’ Op-Ed

Staffers at The New York Times criticized the paper for publishing a controversial op-ed by Sen. Tom Cotton (R-AR) that advocated an “overwhelming show of force,” including the deployment of the military to quash rioters and anarchists who he says have infiltrated and tainted anti-racism protests across the country. 

The op-ed’s message, encapsulated by the headline “Send in The Troops,” was published in the Times on Wednesday. It was quickly met with criticism from journalists and editors both in and outside of the organization for propping up an ideology that promoted the use of violence by a government to quell its citizens’ right to protest.

Dozens of Times journalists tweeted out their disapproval of the decision to publish the op-ed.

Jenna Wortham, a black woman writer for the outlet’s magazine, said she feared the invitation of violence by way of military force put black staffers at the publication at risk, while Nikole Hannah-Jones expressed similar concern and dismay.

A former opinion editor for the publication, Sewell Chan, suggested that the decision to provide a platform for a perspective that incites violence and potentially endangers lives “falls short of sound journalistic practice.”

Another ex-staffer, who teaches at Columbia University’s Graduate School of Journalism, argued that the publication of the piece could be read as a “stamp of approval” on Cotton’s argument.

Marc Tracy, a media reporter for the Times, noted in a separate article on the issue that the news and editorial sides of the publication run “separately,” as is the case at newspapers across the country. That distinction is “sometimes lost on readers,” he wrote.

Editorial page editor James Bennet defended the decision to publish Cotton’s piece, tweeting a thread of examples of how the Times has routinely stood on the side of protesters and the right of Americans to lawfully protest. 

“We understand that many readers find Senator Cotton’s argument painful, even dangerous,” Bennet wrote. “We believe that is one reason it requires public scrutiny and debate.” 

Drew Brees Apologizes For ‘Insensitive’ Comments Amid Protests

NEW ORLEANS (AP) — Drew Brees apologized Thursday for comments that were “insensitive and completely missed the mark” when he reiterated his opposition to Colin Kaepernick’s kneeling during the national anthem in 2016, drawing sharp criticism from fellow high-profile athletes and others in the wake of George Floyd’s death.

Los Angeles Lakers great LeBron James, New Orleans Saints safety Malcolm Jenkins and former NFL player Martellus Bennett were just some of the high-profile athletes to criticize Brees on their Twitter feeds.

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VA Guv. Northam To Order Removal Of Robert E. Lee Monument In Richmond

Virginia Gov. Ralph Northam (D) is expected to announce on Thursday an order to have the statue of Confederate Army leader Robert E. Lee removed from Monument Avenue in Richmond.

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