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The Civil Rights Division does much of its work through consent decrees reached with state and local governments to resolve discrimination allegations. Sessions has been highly critical of that work. It's unsurprising that he's hamstringing the Division on the way out.https://twitter.com/chrisgeidner/status/1060700034344411136 …
Traditionally, Division enters into settlement decrees rather than litigating to obtain injunctive relief. Under this memo, consent decrees can only be reached with proven bad actors rather than as litigation alternative. That's going to make it much harder to get anything done.pic.twitter.com/rZj24ctiaP
Lots of limitations on the relief components can include in settlement decrees. Of particular concern, the relief can't be different from what would be available in successful litigation. That's going to really limit flexibility to work out creative solutions.pic.twitter.com/YNM76ePlzz
Heavy internal bureaucracy around consent decrees now. The litigation component has to seek permission just to start negotiations and write formal memos as to why consent decree meets these standards and otherwise justifying it.pic.twitter.com/uaGDP0VIYP
It's not like the Civil Rights Division is doing much in this area now anyway, under Sessions. But now Sessions leaves behind procedures that will make it very hard for Division to get anything done under his successor(s).
To give example of what this means, here's types of relief included in Division's consent decree w/ Ferguson. It's doubtful some of this could have been obtained in adversarial litigation. But it's what was needed to comprehensively change practices. https://www.justice.gov/opa/pr/justice-department-and-city-ferguson-missouri-resolve-lawsuit-agreement-reform-ferguson …pic.twitter.com/oUEQB3mcxA
Rather than litigating with such entities, the Division has attempted to settle in fashion that memorializes concrete steps needed to protect civil rights in judicially enforceable document. The object isn't to win damages or "follow the law" relief.
As Diana knows all too well, the purpose of this memo is to prevent future Ferguson-type agreements that could actually lead to real change on the ground. Don't look for much of that while this in effect.https://twitter.com/DianaKFlynn/status/1060712458405457925 …
Here's a good article from last year about the importance of settlement decrees to Civil Rights Division's historical practice, and instructions to career attorneys no longer to seek them. That attitude is essentially what's been memorialized here.https://www.propublica.org/article/trump-administration-rolls-back-civil-rights-efforts-federal-government …
This is the right way to put it. This is meant to take Civil Rights Division out of the business of effectively combating discriminatory law enforcement practices.https://twitter.com/DenaDeBonis/status/1060745499869962240 …
The next AG could change it or we will have to sue DOJ for lack of enforcement & obstruction of #Justice
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