Experts Find DOJ's Limited Role in ICE Shooting Case Unexpected

In the aftermath of a recent shooting by a federal immigration officer, there has been significant turnover at the Justice Department, with a number of officials stepping down in frustration over the agency's approach to the incident.

Top justice officials have directed civil rights crime prosecutors to step back from investigating the shooting incident in Minneapolis, going against the department's usual protocols that call for involvement in nationally significant cases.

The Deputy Attorney General, Todd Blanche, stated that a criminal civil rights investigation in this case isn't warranted. However, multiple legal experts assert that excluding the Civil Rights Division in this officer-involved shooting is both unprecedented and troubling.

Responsibilities of the DOJ's Civil Rights Division

As one of the Department's historical offices, the Civil Rights Division's criminal section prosecutes hate crimes and handles misconduct cases involving excessive force or sexual abuse by law enforcement.

Under the U.S. Code 18 USC 242, it’s a crime for anyone acting 'under color of law,' like an officer, to intentionally infringe on someone’s constitutional rights. Severe violations that result in grave consequences can lead to life imprisonment or the death penalty.

Defining National Interest Cases

The Justice Department mandates collaboration between the Civil Rights Division and local U.S. Attorneys in matters of national interest, which often involve unique legal challenges or vital policy issues.

A case such as the Minneapolis shooting, involving an alleged civil rights breach resulting in death, automatically merits a national interest classification. This requires strategic collaboration and consultation before public communication.

Historical Precedents of Civil Rights Involvement

The Civil Rights Division has been engaged in many prominent use-of-force cases, including the conviction of Derek Chauvin for violating George Floyd's rights. Similarly, charges were brought in Breonna Taylor’s death case against Louisville police.

In contrast, an investigation into a Ferguson officer in 2014 by the same division resulted in no charges, showcasing variability in case outcomes and division involvement.