USPP, USSS to Alter Tactics Following Justice Department Settlement Concerning Racial Justice Protests
Alex Brandon | AP
The Justice Department announced on Wednesday that the U.S. Park Police (USPP) and U.S. Secret Service (USSS) would clarify their policies governing demonstrations and implement changes within 30 days. The review is a stipulation of four recent settlements tied to the clearing of protesters from Lafayette Square adjacent to the White House on June 1, 2020. There was no admission of guilt or liability from the government in the lawsuits, and the plaintiffs agreed to dismiss their claims in favor of the Justice Department's approach.
Both federal law enforcement agencies agreed to several policy changes concerning officer identification, limitations on the use of nonlethal force, procedures for issuing warnings and handling safe crowd dispersal, and cross-agency coordination among federal law enforcement.
The lawsuits concerned the action of deployed federal law enforcement officers to Lafayette Park, where they used riot tactics and chemical irritants to disperse a crowd. When then-President Donald Trump walked from the White House to the nearby St. John's Church through the area where the crows were, law enforcement escalated their response to the crowd. The Office of Inspector General (OIG) at the Interior Department, which oversees USPP, found law enforcement did not the action the clear the crowd to facilitate the visit.
As previously reported by FEDagent, while the OIG cited evidence of poor coordination and noted some actions contravened incident commander directives, the investigation did not reveal any violations of statutes or regulations.
“The federal government is committed to the highest standards for protecting civil rights and civil liberties in any federal law enforcement response to public demonstrations. These changes to agency policies for protest responses will strengthen our commitment to protecting and respecting constitutionally protected rights,” stated Associate Attorney General Vanita Gupta following the settlement announcement.
In addition, the Park Police will face greater obstacles in removing demonstration permits and will need higher levels of approval to deploy chemical irritants such as tear gas. In the wake of demonstrations, lawmakers criticized USPP for its removal methods and for failing to give adequate warning.
The House Committee on Natural Resources heard testimony in July 2020 from National Guardsman Adam DeMarco who was present at the disbursement. Demarco stated that he witnessed USPP officers use heavy-handed tactics to move protestors while USSS agents utilized riot shields, chemical gases, and batons to disperse protestors.
Defending the tactics employed, former USPP acting Chief Gregory Monahan said the demonstration was one of the most violent he had ever seen. Monahan later reported to the Resources Committee that audio recordings of the police activities on June 1 were missing, which he attributed to mistakes radio technicians made.
“We’ve all seen the video footage from that day—peaceful protesters who were demonstrating their constitutional right to speak out against centuries of systemic racism and racial subjugation were intimidated, attacked, and assaulted by officers of their own federal government," said Rep. Raúl M. Grijalva (D-AZ), Chairman of the Resources Committee, in response to the settlement, "The Park Police needs more than just a few policy changes, but I’ll concede this is a welcome start."
Scott Michelman, Legal Director for the American Civil Liberties Union (ACLU) of Washington, applauded the settlement as a step toward preventing a recurrence.
“Federal officers’ shocking and unprovoked attack against civil rights demonstrators raising their voices in front of the White House to oppose police brutality and racism was a frontal assault on the fundamental American ideals of freedom of speech, freedom of assembly, and racial justice,” Michelman stated.