Department of Justice rejects Phoenix's requests for advance review of police findings
The U.S. Department of Justice has twice refused requests from Phoenix officials to preview the findings report from the federal investigation into the city's Police Department.
If this decision stands, city officials would read about the investigation at the same time the public does and have no opportunity to devise a response in advance.
The Justice Department, however, hinted at one way the city could get pre-release review: by signing "an agreement in principle to enter into a consent decree with an independent monitor."
The Justice Department sometimes asks cities to sign an "agreement in principle" before issuing a final findings letter. The agreement says the locale and DOJ intend to "avoid litigation" and "come to an agreement to address the Division’s findings."
It's an option Phoenix Mayor Kate Gallego and four other council members have refused.
After a fierce campaign by residents, political advocacy groups and the police union, the City Council members said they wouldn't sign any commitment before reading the findings.
Arielle Devorah, a spokesperson for the mayor, reacted to the DOJ's two-time rejection.
“For more than 27 months now, the City has been transparent and open with the Department of Justice, providing it with what it needs to complete the investigation. We hope the Department will act similarly and provide the City the opportunity to review its report and provide factual corrections," Devorah said.
Councilwoman Ann O'Brien of District 1 in northwest Phoenix released a statement blasting the Justice Department.
"I’m asking for a minimum of 30 days. Phoenix has been transparent and collaborative, now it’s time for the DOJ to do the same," O'Brien wrote.
Councilwoman Debra Stark said she was "flabbergasted" at the DOJ's refusal.
"I don't understand why they're not willing to share," Stark said. "I find it almost offensive."
What is the DOJ investigation about?
The Justice Department opened its inquiry in August 2021, promising to look into claims of excessive use of force by Phoenix officers, retaliation against protesters, discriminatory policing practices and the department's response to people with disabilities or who were experiencing homelessness.
The inquiry came after criticism from the community about the department's use of force and investigations by The Arizona Republic and other media into Phoenix's high rate of police shootings and disproportionate use of violence against people of color.
The wide-ranging two-year probe has involved more than 100 interviews and 80,000 documents. It has cost the city $5.5 million as of June, and the council will vote Dec. 6 on spending another $700,000 related to legal services and software for the investigation.
Why the city wants an advanced review, and the DOJ's response
Michael Bromwich, an attorney Phoenix hired for the DOJ investigation, wrote to the Justice Department in October 2022 and 2023 requesting pre-release review.
"The purpose of such access would be to identify factual errors in the report rather than contesting DOJ’s interpretation of the facts," Bromwich wrote.
Factual errors "cast a cloud of doubt over the entire set of findings and make discussions about next steps more difficult because they create mistrust among both rank and file police officers and members of the Phoenix community."
Letter to DOJ: Phoenix asks for pre-release of Police Department findings
Bromwich outlined three arguments the DOJ had previously given for refusing pre-publication review:
It's not in the DOJ's historical practice.
Concern about potential leaks of the draft report.
Concern that the optics of providing the Police Department and city officials with a draft of the report might suggest to members of the community that the department and city officials were able to exercise undue influence on its content.
But each reason, Bromwich said, should not outweigh the interest of Phoenix pursuing factual accuracy.
He outlined ways to mitigate the concerns:
Historical practice, Bromwich said, is simply "not a substantive justification for that practice."
To combat leaks, the city and DOJ could limit who has access to the draft report and make them sign a non-disclose agreement and confidentiality agreement.
To address concerns about undue influence, the DOJ and city could clearly explain "the purpose of the review — to eliminate factual errors, not to change findings or conclusions."
The DOJ responded nearly two months later rejecting the request in a short three-paragraph letter.
"It is not our practice," Assistant Attorney General Kristen Clarke wrote.
She gave the exception of providing "a short time" for jurisdictions that signed agreements in principle.
"We do not plan to change our practice regarding any findings report that we may issue regarding the Phoenix investigation. We do expect to maintain the open lines of communication with you and your client that have facilitated the investigation," Clarke wrote.
Reporter Taylor Seely covers Phoenix for The Arizona Republic / azcentral.com. Reach her at [email protected] or by phone at 480-476-6116.
This article originally appeared on Arizona Republic: Phoenix DOJ police investigation: Feds reject requests to see findings
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