President Obama issued a call on Friday for a one-year review of how the military handles sexual assault cases. It was greeted with cautious optimism from victims’ advocates in Congress, who said that more urgent reform is still needed.
Obama said he has instructed Defense Secretary Chuck Hagel and Chairman of the Joint Chiefs of Staff Gen. Martin Dempsey to report to him by December 1, 2014 with a “full-scale review of their progress” on improving sexual assault prevention and response. If he is not satisfied with that progress, Obama said in a statement, then his administration “will consider additional reforms that may be required to eliminate this crime from our military ranks.”
Obama specifically praised Sens. Claire McCaskill (D-MO) and Kirsten Gillibrand (D-NY) for calling attention to the urgent need for reform, and for contributing to the reforms that are in this year’s defense bill.
But the defense bill did not include the Military Justice Improvement Act (MJIA), the reform Gillibrand and other victims’ advocates say is most urgently needed—letting an independent prosecutor, not military commanders, decide whether to prosecute sexual assault cases. To that end, Gillibrand introduced MJIA as a stand-alone bill to be voted on next year.
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Both Congresswoman Jackie Speier (D-CA), who sponsored a companion bill, the Sexual Assault Training Oversight and Prevention Act (STOP Act), that was reintroduced in the House in April, and Gillibrand said Friday that they looked forward to working with the president and defense secretary on the issue, but that they would keep fighting to remove prosecutions from the chain of command.
“I do not want to wait another year to enact the one reform survivors have asked for in removing commanders with no legal training and conflicts of interest from the decision of whether or not to prosecute a rape or sexual assault,” Gillibrand said in a statement.
“The president made it clear that he demands a fair and just military judicial system for service members where punishments fit the crime,” said Speier. “I believe that this requires leaving legal decisions to legal experts.”
Freddie Gray, 25, died from spinal cord injuries in April 2015, a week after police arrested and took him into custody. Last year, Baltimore City State's Attorney Marilyn J. Mosby brought criminal charges against six of the officers involved with his arrest. Since then, three officers' trials have been completed without convictions.
The bench trial of Lt. Brian Rice, the highest-ranking Baltimore Police Department officer involved in the 2015 death of Freddie Gray, began on Thursday, July 7. Rice faces involuntary manslaughter, second-degree assault, and reckless endangerment; the state dropped a misconduct charge after acknowledging Rice was not directly involved in Gray’s arrest. The closing arguments in his trial are scheduled for this Thursday; the judge is expected to share his verdict Monday.
The Rice trial started just as the public began grappling with the deaths of Philando Castile and Alton Sterling—and the subsequent murder of five police officers at a Dallas protest.
Castile and Sterling, both Black men, died during encounters with police in Falcon Heights, Minnesota, and Baton Rouge, Louisiana, triggering nationwide protests against police brutality and implicit racial bias that have continued into this week.
And just like the days following Gray’s death, social media sites like Twitter and Facebook were flooded with images, videos, and hashtags demanding justice.
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Gray, 25, died from spinal cord injuries in April 2015, a week after police arrested and took him into custody. Activists and some Maryland legislators accused police of giving Gray an intentional “rough ride,” when inmates or persons in custody are transported in police vans without a seat belt and subjected to frantic driving, ultimately causing them injury. Last year, Baltimore City State’s Attorney Marilyn J. Mosby brought criminal charges against six of the officers involved with his arrest. Since then, three officers’ trials have been completed without convictions—and as activists on the ground in Baltimore wait for more verdicts, they are pushing for reforms and justice beyond the courtroom.
The first police trial, which involved charges against Officer William Porter of involuntary manslaughter, second-degree assault, reckless endangerment, and misconduct in office, ended in a mistrial in December 2015 after jurors failed to reach a verdict.
Baltimore City Circuit Court Judge Barry Glenn Williams acquitted Officer Edward M. Nero of all charges in May. Mosby had charged Nero with misconduct, second-degree assault, and reckless endangerment for putting Gray into the police van without a seat belt.
But many viewed the trial of Caesar R. Goodson Jr., who drove the van, as the most critical of the six. Last month, Judge Williams announced that Goodson, too, had been acquitted of all charges—including second-degree depraved-heart murder, the most serious of those brought against the officers.
Kwame Rose, a Baltimore activist, told Rewire he was not surprised.
“The judicial system of America shows that police are never held accountable when it comes to the death of Black people,” said Rose, who was arrested in September and December during peaceful protests related to Gray’s death.
During Goodson’s trial, Williams said there were several “equally plausible scenarios,” that could have transpired during Gray’s arrest. He also rejected the state’s argument that police intentionally gave Gray a “rough ride,”according to a New York Times account.
Ray Kelly, community relations director for the No Boundaries Coalition of West Baltimore grassroots group and a community interviewer for the West Baltimore Community Commission on Police Misconduct, said he was disappointed by the Goodson verdict. However, he noted that he was heartened by Mosby’s decision to bring criminal charges against the officers in the first place. “It’s a small change, but it is a change nonetheless,” Kelly said in a recent interview with Rewire.
In addition to the charges, Gray’s death eventually sparked a major “pattern or practice” investigation by the U.S. Department of Justice (DOJ). Local activists, including the No Boundaries Coalition, which issued in March a 32-page report that detailed police misconduct in Baltimore and helped to trigger the DOJ, expected the findings of the DOJ investigation in late June.
However, the document has yet to be released, said Kelly, who is a native of the same West Baltimore neighborhood where Gray was detained.
Kelly is expecting a consent decree—similar to the ones in Ferguson, Missouri, and Cleveland, Ohio—and a continued partnership with federal officials in the near future.
For Kelly, the trials—and the lack of convictions—have proved what leaders in groups like the No Boundaries Coalition have been saying in their advocacy. One of those messages, Kelly said, is that the community should continue to focus less on the judicial process for theoretically punishing officers who have committed wrongdoing and more on initiating policy changes that combat over-policing.
Baltimore Bloc, a grassroots group, seemed to echo Kelly’s sentiment in a statement last month. Two days after the Goodson verdict, Baltimore Bloc activists said it was a reminder that the judicial system was not broken and was simply doing exactly what it is designed to do.
“To understand our lack of faith in the justice system, you must first recognize certain truths: the justice system works for police who both live in and out of the city; it works against Black people who come from disinvested, redlined Black communities; and it systematically ruins the lives of people like Keith Davis Jr., Tyrone West and Freddie Gray,” Baltimore Bloc leadership said, referencing two other Baltimore residents shot by police.
The American Civil Liberties Union, citing the U.S. Supreme Court decision in Illinois v. Wardlow, said in a May blog post that police had legal case for stopping and arresting Gray, but also said the action constituted racially biased policing and diminished rights for Black and Latino citizens.
“The result is standards of police conduct that are different in some places than other places. It is a powerful example of institutionalized and structural racism in which ostensibly race-neutral policies and practices create different outcomes for different racial groups,” ACLU leaders said.
Right before issuing its statement in May, ACLU released a briefing paper that said at least 21 individuals had been killed in police encounters across Maryland in 2015. Of those fatal encounters, which included Gray, 81 percent were Black and about half were unarmed.
The ACLU said it was impossible for the agency to determine whether any officers were disciplined for misconduct in most cases because the police refused to release crucial information to the public.
The ACLU began compiling information about police custody deaths after learning that Maryland officials were not tracking those cases. In 2015, state politicians passed a law mandating law enforcement agencies to report such data. The first set of statistics on police custody deaths is expected in October, according to the ACLU. It is unclear whether those will include reports of officer discipline.
In line with those efforts, activists across Maryland are working to bring forth more systemic changes that will eliminate over-policing and the lack of accountability that exist among police agencies.
Elizabeth Alex, the regional director for CASA Baltimore, a grassroots group that advocates on behalf of local, low-income immigrant communities, told Rewire many activists are spending less energy on reforming the judicial process to achieve police accountability.
“I think people are looking at alternative ways to hold officers and others accountable other than the court system,” Alex said.
Like the No Boundaries Coalition, CASA Baltimore is part of the Campaign for Justice, Safety & Jobs (CJSJ), a collective of more than 30 local community, policy, labor, faith, and civil rights groups that convened after Gray’s death. CJSJ members include groups like the local ACLU affiliate, Baltimore United for Change, and Leaders of a Beautiful Struggle.
CJSJ leaders said the Goodson verdict underlined the critical need for “deep behavioral change” in the Baltimore Police Department’s culture. For the past year, the group has pushed heavily for citizen representation on police trial boards that review police brutality cases. Those boards make decisions about disciplining officers. For example, the city’s police commissioner might decide to discipline or fire an officer; that officer could go to the trial board to appeal the decision.
This spring, recent Baltimore City mayoral candidate and Maryland Sen. Catherine Pugh (D-Baltimore), helped pass an omnibus police accountability law, HB 1016. Part of that bill includes a change to Maryland’s Law Enforcement Officer’s Bill of Rights (LEOBR) giving local jurisdictions permission to allow voting citizens on police trial boards. Republican Gov. Larry Hogan signed the changes into law in May.
That change can only happen in Baltimore, however, if the Baltimore Fraternal Order of the Police union agrees to revise its contract with the city, according to WBAL TV. The agreement, which expired on June 30, currently does not allow citizen inclusion.
In light of the current stalled negotiations, Baltimore Bloc on July 5 demanded Baltimore City Council President Bernard C. “Jack” Young instead introduce an amendment to the city charter to allow civilian participation on trial boards. If Young introduced the amendment before an August deadline, the question would make it onto the November ballot.
Kelly, in an interview with Rewire, cited some CJSJ members’ recent meeting with Baltimore Police Commissioner Kevin Davis as a win for Baltimore citizens. During that meeting, held on June 29, Davis outlined some of his plans for implementing change on the police force and said he supported local citizens participating on police trial boards, Kelly said.
This year, the Baltimore Police Department has also implemented a new use-of-force policy. The policy emphasizes de-escalation and accountability and is the first rewrite of the policy since 2003, according to the Sun.
The ACLU has welcomed the policy as a step in the right direction, but said the new rules need significant improvements, according to the Sun.
For example, the policy requires reporting to the department when an officer flashes or points a weapon at a suspect without shooting; the data will be reviewed by the police commissioner and other city officials. However, it doesn’t require the same from officers who use deadly force.
Notably, the policy requires officers to call a medic if a person in custody requests medical assistance or shows signs that they need professional help. Gray had requested a medic, but officers were skeptical and didn’t call for help until he became unresponsive, according to various news reports.
Rose, who recently received legal assistance from the ACLU to fight criminal charges related to his arrests last year, said citizens should continue to demand accountability and “true transparency” from law enforcement.
In the meantime, with four trials—including Rice’s case—remaining and no convictions, many are looking to see if Mosby will change her prosecution strategy in the upcoming weeks. Roya Hanna, a former Baltimore prosecutor, has suggested Mosby showed poor judgment for charging the six officers without “adequate evidence,” according to the Sun.
Meanwhile, Baltimore City’s police union has urged Mosby to drop the remaining charges against officers.
The trial of Officer Garrett E. Miller is slated to begin July 27; Officer WilliamPorter, Sept. 6, and Sgt. Alicia D. White, Oct. 13. All officers charged pleaded not guilty.
Baltimore Bloc, citing its dissatisfaction with her performance thus far, demanded Mosby’s removal from office last month.
Kelly, who counts Baltimore Bloc among his allies, has a different outlook. Calling’s Mosby’s swift decision to charge the six officers last year “groundbreaking,” the Baltimore activist said the ongoing police trials are justified and help give attention to police misconduct.
“She should follow through on the charges ….We need that exposure,” Kelly said. “It keeps the debate open and sparks the conversation.”
Sen. Bernie Sanders (I-VT) seemingly signaled he is not yet ready to concede the nomination to Hillary Clinton, and he promised to help push for reforms within the party while working to keep presumptive Republican nominee Donald Trump from winning the White House.
Sen. Bernie Sanders (I-VT) isn’t bowing out of the race for the Democratic nomination after the close of the presidential primaries, and Hillary Clinton took to the Huffington Post to talk about campus sexual assault and whether women should have to sign up for the draft.
“The Political Revolution Must Continue”: Sanders Vows in Thursday Night Address to Push for Party Reform
Sanders addressed supporters Thursday night after the 2016 presidential primary season ended earlier this week. He seemingly signaled he is not yet ready to concede the nomination to Hillary Clinton, and he promised to help push for reforms within the party while working to keep presumptive Republican nominee Donald Trump from winning the White House.
“Election days come and go. But political and social revolutions that attempt to transform our society never end. They continue every day, every week, and every month in the fight to create a nation and world of social and economic justice,” Sanders said during the address, which was live-streamed online. “Real change never takes place from the top on down or in the living rooms of wealthy campaign contributors. It always occurs from the bottom on up, when tens of millions of people say loudly and clearly ‘enough is enough’ and they become engaged in the fight for justice. That’s what the political revolution we helped start is all about. That’s why the political revolution must continue.”
“The major political task that we face in the next five months is to make certain that Donald Trump is defeated and defeated badly,” Sanders continued, vowing to soon begin his role in ensuring the Republican doesn’t make it to the White House.
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“But defeating Donald Trump cannot be our only goal,” he added. “We must continue our grassroots efforts to create the America that we know we can become.”
Expressing his hope that he could continue to work with Clinton’s campaign, Sanders promised to ensure that supporters’ “voices are heard and that the Democratic Party passes the most progressive platform in its history and that Democrats actually fight for that agenda.”
That agenda included raising the minimum wage to $15 an hour, ending the gender pay gap, defending reproductive rights, and protecting marriage equality in the United States, among other things.
Sanders’ speech came just after campaign manager Jeff Weaver said the campaign is “not currently lobbying superdelegates” and doesn’t “anticipate that will start anytime soon” during an interview on Bloomberg Politics’ With All Due Respect Thursday. The next day, Weaver told the hosts of MSNBC’s Morning Joe that Sanders is still “an active candidate for president.”
Clinton Weighs in on Stanford Sexual Assault Case, Women Joining the Draft
Hillary Clinton took a stand on two notable issues during an interview with the Huffington Post this week, telling the publication that she supported a measure in the Senate torequire women to sign up for the draft and her thoughts about the Stanford sexual assault case.
“I do support that,” Clinton told the publication Wednesday when asked about the Senate’s approval of the National Defense Authorization Act, a military policy bill that would require women to sign up for the military draft once they turn 18, earlier in the week.
“I am on record as supporting the all-volunteer military, which I think at this time does serve our country well,” said Clinton. “And I am very committed to supporting and really lifting up the men and women in uniform and their families.”
As the New York Timesreported, under the bill, “Failure to register could result in the loss of various forms of federal aid, including Pell grants, a penalty that men already face. Because the policy would not apply to women who turned 18 before 2018, it would not affect current aid arrangements.”
Though the U.S. Supreme Court previously ruled that women weren’t required to register for the draft as they were not allowed to serve in combat, the Times continued, “since Defense Secretary Ashton B. Carter said in December that the Pentagon would open all combat jobs to women, military officials have told Congress that women should also sign up for the draft.”
The draft registry has not been used by the United States since 1973, but requiring women to sign up for it has nevertheless been an issue on the campaign trail this election season. Sen. Ted Cruz (R-TX) called requiring women to register for the draft “nuts” in February prior to dropping out of the race for the White House, while other then-Republican presidential candidates Sen. Marco Rubio (FL), New Jersey Gov. Chris Christie, and former governor of Florida Jeb Bush all signaled they would support it.
During her interview with Huffington Post, Clinton also voiced her support for the survivor at the center of the controversial Stanford sexual assault case, saying she was “was struck by” the “heartbreaking power” of the letter the survivor wrote detailing her experiences.
“It took great courage and I think she has done an important service for others,” Clinton said. “What I’ve heard about this case is deeply concerning. It is clear campus sexual assault continues to be a serious problem. And I’ve said before and I will continue to say it is not enough to condemn it. We must find ways to end it.”
The presumptive Democratic nominee had previously released a platform for addressing the national crisis of campus sexual assault, which promises to “provide comprehensive support to survivors;” “ensure fair process for all in campus disciplinary proceedings and the criminal justice system;” and “increase sexual violence prevention education programs that cover issues like consent and bystander intervention, not only in college, but also in secondary school.”
What Else We’re Reading
Trump’s “endgame” could be launching a “mini-media conglomerate,” Vanity Fair reports.
“He was always very open about describing women by their breast size,” a crew member for Trump’s reality show The Apprenticetold Slate of the presumptive Republican nominee. “Any time I see people in the Trump organization say how nice he is, I want to throw up. He’s been a nasty person to women for a long time.”
In the wake of the mass shooting in Orlando at an LGBTQ club, the Southern Poverty Law Center’s deputy legal director of the LGBT Rights Project, David Dinielli, noted that “candidates on the campaign trail-and even the presumptive nominee of the Republican Party-elevate radical anti-LGBT leaders.”
Fact-checkers at the Washington Post took on both Clinton and Trump’s speeches on national security after the massacre in Orlando over the weekend.
“Regardless of your politics, it’s a seminal moment for women,” said Oprah, who offered her endorsement to Clinton on Wednesday, when speaking about the presumptive Democratic nominee. “What this says is, there is no ceiling, that ceiling just went boom! It says anything is possible when you can be leader of the free world.”
CNN’s Jim Sciutto, Tal Yellin, and Ryan Browne offer a look into the implications of Trump’s proposed plan to “suspend immigration from areas of the world when there is a proven history of terrorism against the United States, Europe or our allies.”
Republicans may have fewer women in the House next year after the election season wraps up.
Texas has already spent $3.5 million fighting multiple lawsuits over the state’s restrictive voter ID law, in what an attorney helping plaintiffs in one of the suits deemed a “shameful waste of taxpayer money.”
Ohio Gov. John Kasich (R) moved to make voting in the state easier for some this week, signing legislation that will allow residents with driver’s licenses and state IDs to register to vote online. What’s the catch? According to ThinkProgress, “the option will not be available until early next year, after the presidential election, despite the Republican Secretary of State’s insistence that the Ohio could implement the policy immediately.”