DOJ Removes Key Progressive Provisions From New Federal Law Enforcement Guidance After Daily Caller Exposé

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On Thursday, the Department of Justice released an updated version of its anti-discrimination policies for federal law enforcement. This new version does not include any of the progressive provisions revealed in Daily Caller articles.

A source, who requested anonymity for fear of retribution, provided the documents to The Caller earlier this month. The documents showed Justice Department plans to limit FBI agents’ ability to infiltrate terrorist groups and to prevent them from using crime statistics to enforce law. These documents were given to The Caller by an anonymous source.

These measures are included in the Justice Department’s draft proposal regarding its new guidelines for federal law enforcement, and the “Use” of race, ethnicity or national origin, gender, sexual orientation or gender identity.

The Caller reported that the DOJ proposed to add nationality to its list of protected characteristics and to broaden the scope of law enforcement activities covered by the new guidelines. On 18 May, progressive activist groups met the DOJ to discuss a revised version of guidance which included provisions similar the draft proposals reported in Caller.

The Justice Department’s final guidance does not include key progressive demands that were made by the Daily Caller in its draft proposals. According to the revised “Guidance For Federal Law Enforcement Agencies Regarding the Use Of Race, Ethnicity, Gender National Origin Religion Sexual Orientation Gender Identification And Disability”, the nationality is not included on the list.

This guidance states it is illegal to use stereotypes or generalized assumption about people or groups with these characteristics when making law enforcement decisions. According to the DOJ, it is also prohibited to use stereotypes or assumptions.

In a footnote to the guidelines, it is clarified that nationality and national origin are two different things. The culture and ancestry of a suspect determines the national origin, not his citizenship.

These guidelines are intended to cover routine or spontaneous law enforcement actions, such as decisions about traffic stops. But the guidance does not include practices that go beyond “routine and spontaneity”, as demanded by progressive activists.

Document lists scenarios to illustrate how officers could use the guidance.

The Daily Caller reported draft versions of law that allowed federal agents choose sources based upon ethnicity, if these groups are predominantly made up of one ethnicity. Daily Caller deemed this practice discriminatory.

In the guidance, it is stated that “law enforcement can also take into account these facts when conducting actions directed at a criminal group or terrorist group whose members are identified as having a disproportionately listed characteristic.” Then, they can take preventative or investigative steps to target these criminal organizations or terrorist groups. ”

In draft documents, it was noted that observations of “high-crime” areas could be used to “facially” avoid bias. Finally, the final guidance explains how focusing on these areas can often lead to this concern. It then lists specific examples for when officers may use statistics about certain communities.

Crime statistics are only justified when they are based upon accurate data and not on racial stereotyping. In the DOJ guidelines, an example is given of a campaign that aims to reduce gun violence by identifying neighborhoods most likely to become shooting scenes.

The officers may decide to enforce even the less serious crimes in order to reduce gun crimes.

The Daily Caller reported earlier drafts explicitly prohibiting relying on community crime statistics for law enforcement purposes because of concerns about “bias” in arrest rates. The DOJ’s announcement emphasized that police officers are not allowed to racially profil suspects.

The updated guidance prohibiting federal agencies from racial profiling outlines limited circumstances under which federal agents and officers can consider that a characteristic is protected. The updated guidance also includes disability in the list of protected traits. It extends the scope of the guidance beyond law enforcement officers to include all federal law enforcers involved in federal law enforcement activities or supporting those activities.

The DOJ’s latest guidance includes plans for officers to be trained within six months, collect data on the implementation and hold officers responsible for complaints.

The policy applies to federal and nonfederal officers that participate in federal task force. The policy was designed to counter the alleged bias against police.

Attorney General Merrick Garland stated, “We’re proud of our changes made over the last year in improving our internal policies and providing better resources to local and state partners. We also help them build trust within their communities, by keeping them safe against violent crimes, promoting trust, and promoting transparency. ”

Garland stated, “We must lead by example.” ”

The announcement coincides the third anniversary since George Floyd was killed by Minneapolis police officer Derek Chauvin. In May 2015, The Caller published a report on the DOJ honoring Floyd by announcing the new anti-discrimination guidelines. This came one year after Joe Biden signed an executive order directing the DOJ to reassess the 2014 version.

Biden instructed federal agencies and the DOJ to provide a report in 180 days if policy changes are needed.