DOJ FILES BRIEF REGARDING HEALTH CARE FOR PRISONERS WITH GENDER DYSPHORIA

FROM:  U.S. JUSTICE DEPARTMENT
Friday, April 3, 2015
Justice Department Files Brief to Address Health Care for Prisoners Suffering from Gender Dysphoria

The Department of Justice filed a statement of interest today in the Middle District of Georgia in Diamond v. Owens, et al.  The plaintiff in that case, a transgender prisoner, alleges that the Georgia Department of Corrections failed to provide adequate care for her gender dysphoria.  The statement of interest discusses the unconstitutionality of “freeze-frame” policies, such as the policy allegedly used in the Georgia Department of Corrections.  These policies unconstitutionally prohibit treatment beyond the type of care the prisoner received in the community prior to incarceration.  Through this filing, without taking a position on the merits of the allegations, the United States stated that the Eighth Amendment mandates individualized assessment and care for gender dysphoria.

“By taking action in this case, the Justice Department is reminding departments of corrections that prison officials have the obligation to assess and treat gender dysphoria just as they would any other medical or mental health condition,” said Acting Assistant Attorney General Vanita Gupta of the Civil Rights Division.  “Prisoners with gender dysphoria should not be forced to suffer needlessly during their incarceration simply because they were not receiving care, or could not prove they were receiving care, in the community.  Freeze-frame policies can have serious consequences to the health and well-being of transgender prisoners, who are among the most vulnerable populations incarcerated in our nation’s prisons and jails.”

Based on the facts as alleged, Ashley Diamond was first diagnosed with gender dysphoria as a teenager, nearly twenty years ago.  She began taking feminizing hormones, which helped her develop secondary sex characteristics and helped ease the significant physical and emotional discomfort she felt with her biological sex.  Yet, when she entered the Georgia Department of Corrections, she was not identified or referred for continuation of this treatment.  Instead, her hormone therapy was terminated and she was placed in a secure prison for men.

When Ms. Diamond requested treatment during her incarceration, she was evaluated by Department medical personnel who confirmed Diamond’s gender dysphoria and recommended reinstatement of hormone therapy and other clinically-indicated treatments.  However, department officials continued to deny this treatment, telling Diamond that she was ineligible for treatment pursuant to the department’s policy.  Because the department did not properly identify Diamond’s gender dysphoria at intake and refer her for treatment at that time, she was, and continues to be, denied necessary medical care.

The facts alleged in this case indicate that the Department of Corrections relied on its freeze-frame policy to deny Diamond the care recommended by the department’s own physicians, in violation of the Eighth Amendment.  As stated by the Justice Department in its filing, “[t]wo things are clear from the record in this case: one, the generally accepted standards for treatment of gender dysphoria require treatment decisions be individualized; and two, Ms. Diamond did not receive individualized care.”

PRESIDENT OBAMA'S REMARKS AFTER MEETING WITH TASK FORECE ON 21ST CENTURY POLICING

FROM:  THE WHITE HOUSE
March 02, 2015
Remarks by the President after Meeting with Task Force on 21st Century Policing
Roosevelt Room
12:09 P.M. EST

THE PRESIDENT:  Last year, the events in Ferguson and New York exposed a deep-rooted frustration in many communities of color around the need for fair and just law enforcement.

And so back in December, I announced a Task Force on 21st Century Policing, chaired by two outstanding leaders who are respected both in law enforcement and in civil rights circles -- Philadelphia Police Commissioner Charles Ramsey, and former Assistant Attorney General Laurie Robinson.  And I asked them to help to form a task force made up of community leaders, law enforcement leaders, academics, practitioners, and to come up in 90 days with a very specific set of recommendations that would allow us to continue to drive crime down, to continue to deal with issues of community building, but would begin to build the kind of trust that we need in order to continue to make progress in the future.

For the last few months, they’ve been holding hearings.  They met with people who care passionately about these issues; they’ve debated recommendations thoughtfully and deliberately.  Some put their lives on hold for more than two months to do this. I am extraordinarily grateful for their efforts.

This morning, they presented to me their report, which will be available online for everybody to see.  It offers pragmatic, common-sense ideas based on input from criminal justice experts, community leaders, law enforcement, and civil liberties advocates.  We are carefully reviewing all their recommendations, which include very specific recommendations, more general recommendations, everything from training issues to technology issues, to approaches for interacting with schools, to how we get research and data.

But I want to summarize just a few key points that were made so that people are very clear about the direction that we're going to be moving.  Number one, I think uniformly, the task force talked about the issue of legitimacy as being important not just for the communities, but also for law enforcement officers; that the more there is trust between communities and law enforcement, the safer it is for cops, the more effectively they can do their jobs, the more cooperation there’s going to be, the more likely those communities are to be safe.

And so there is no theoretical separation between the interests of community and law enforcement.  But obviously the devil is in the details, and we've got to figure out how to make that work.

Number two, there was a great emphasis on the need to collect more data.  Across this country, we've got 18,000 law enforcement jurisdictions.  Right now, we do not have a good sense, and local communities do not have a good sense, of how frequently there may be interactions with police and community members that result in a death, result in a shooting.  That's the kind of information that is needed for police departments to do their job, to be able to manage their forces effectively, and for communities to be able to evaluate and provide appropriate oversight to the folks who are supposed to be serving and protecting them.

There was a lot of discussion about the need for expanding and enhancing community policing that we know works.  When I had several law enforcement officers from around the country the other day, almost all of them -- and this is a diverse group, some from big cities, some from small communities, some from tribal areas -- they all discussed the need for police officers to be engaged with the community, not just in a stop but also in a school, also working with children, also being seen as enhancing the life of the community beyond law enforcement.  That trust then enhances their ability to do a good job.  And that's an area that was emphasized by this task force.

There’s a great interest in training.  We know some things that work.  We need more information to find out how to take to scale best practices when it comes to training so that police officers are able to work in a way that reduces the possibilities of bias, that allows them to deal with what are very stressful situations.  Oftentimes the police officers have extraordinarily difficult jobs; they may be put in situations in which there’s a lot of tension, and how do they deal with that appropriately, and how do they work with the community effectively to mitigate some of those challenges.

There are going to be some controversial recommendations in here.  For example, the need for independent investigations and independent special prosecutors (inaudible) a situation in which law enforcement has interacted with an individual that results in death.

I'm going to give Laurie some water right now. (Laughter.)  I think it's important -- she’s been working very hard.  (Laughter.)  And Michelle has that same cough.

But the importance of making sure that the sense of accountability when, in fact, law enforcement is involved in a deadly shooting is something that I think communities across the board are going to need to consider.  Or some recommendations around prohibiting racial profiling.  That's a step that we've already taken at the federal level.  If you talk to the FBI, if you talk to our federal law enforcement, it may be challenging for them to change old practices, but they are confident that they’re able to continue to do their job effectively.  The same is going to be true at the local level as long as it is an intentional policy coming from the top that is followed up with key metrics so the people know exactly what is going on.

And then there’s some discussions of technology.  There’s been a lot of talk about body cameras as a silver bullet or a solution.  I think the task force concluded that there is a role for technology to play in building additional trust and accountability, but it's not a panacea, and that it has to be embedded in a broader change in culture and a legal framework that ensures that people’s privacy is respected and that not only police officers but the community themselves feel comfortable with how technologies are being used.

There’s some additional recommendations that are very specific.  For example, how law enforcement handles mass demonstrations.  I think there was a lot of concern that bubbled up in the wake of Ferguson.  The federal government has already taken it upon itself to look at how we are dealing with providing military equipment to local law enforcement and how that may be used.  There are some recommendations that deal with civilian oversight and how that might be managed.

The point is that this report is going to contain a series of very specific, concrete, common-sense efforts for us to build trust.  It will be good for police and it will be good for the communities involved.  And as a consequence, it will be good for the country.  Everybody wants our streets safe and everybody wants to make sure that laws are applied fairly and equitably.

Nobody, by the way, wants that more than law enforcement themselves.  I was keenly interested in hearing from some of our law enforcement representatives who talked about how important it is for police to feel as if the community supports them, because they got into law enforcement to serve and protect, not to be viewed as some external force.  And unfortunately, sometimes policies, politics, politicians put law enforcement in an untenable position.

There was some discussion within the report about how we have to look at the broader context in which law enforcement is happening.  Our approach to our drug laws, for example, and criminalization of nonviolent offenses rather than taking more of a public health approach -- that may be something that has an impact in eroding trust between law enforcement and communities. Broader issues of poverty and isolation may have an impact.

I emphasized to the task force that I think it's important for us to recognize that context, but I don't want us to have such a 40,000-foot argument that we lose track of the very specific concrete practices that can be instituted right now that will make a difference.

Now, last point I'll make.  Most of the recommendations that have been made are directed at the 18,000 law enforcement jurisdictions that are out there.  Law enforcement is largely a local function as opposed to a federal function.  Many of the recommendations that have been made for changes in federal practice we already have entrain.  Those that we do not yet have entrain, that we have not yet implemented, I'm going to be asking Eric Holder and the Justice Department and his successor to go through all these recommendations so that we can start implementing them.

I know that one area that's going to be of great interest is whether we can expand the COPS program that in the past has been very effective, continues to be effective, but is largely underfunded -- to see if we can get more incentives for local communities to apply some of the best practices and lessons that are embodied in this report.

But a lot of our work is going to involve local police chiefs, local elected officials, states recognizing that the moment is now for us to make these changes.  We have a great opportunity, coming out of some great conflict and tragedy, to really transform how we think about community law enforcement relations so that everybody feels safer and our law enforcement officers feel, rather than being embattled, feel fully supported.

We need to seize that opportunity.  And so this is something that I'm going to stay very focused on in the months to come.  I'm going to be pushing my Justice Department and the COPS program and others to continue to work on it.  But I want to close by just once again saying thank you to the extraordinary contributions that have been made by this task force.

I expect our friends in the media to really focus on what’s in this report and pay attention to it.  So often we see an event that's flashy; it makes the news; people are crying out for solutions.  And by the time recommendations are put forward, our focus has moved on and we don't actually see and pay attention to the concrete ways that we can improve the situation.  This is a moment where a lot of work has been done.  There’s some good answers to be had if we don't make this a political football or sensationalize it, but rather really focus on getting the job done.

So I appreciate everybody’s efforts.  I'm going to be focused on it.  I hope you will be, too.

Thank you very much, everybody.

Q    Surely you don't mean us, do you?

THE PRESIDENT:  You pay attention, personally.  It's more generically.

Thank you, guys.

END
12:23 P.M. EST

FACT SHEET ON UNMANNED AIRCRAFT SYSTEMS AND PRIVACY, CIVIL RIGHTS

FROM:  THE WHITE HOUSE
February 15, 2015
FACT SHEET: Promoting Economic Competitiveness While Safeguarding Privacy, Civil Rights, and Civil Liberties in Domestic Use of Unmanned Aircraft Systems

Today the White House issued a Presidential Memorandum to promote economic competitiveness and innovation while safeguarding privacy, civil rights, and civil liberties in the domestic use of Unmanned Aircraft Systems (UAS).

This Presidential Memorandum builds on efforts already underway to integrate UAS into the national airspace system (NAS).  The Federal Aviation Administration has authorized the testing of UAS at six sites around the country in December 2013 as part of its efforts to safely integrate UAS into the NAS, as required by the Federal Aviation Administration Modernization and Reform Act of 2012.

UAS are a potentially transformative technology in diverse fields such as agriculture, law enforcement, coastal security, military training, search and rescue, first responder medical support, critical infrastructure inspection, and many others.

The Administration is committed to promoting the responsible use of this technology, strengthening privacy safeguards and ensuring full protection of civil liberties.

The Presidential Memorandum released today ensures that the Federal Government’s use of UAS takes into account these important concerns and in service of them, promotes better accountability and transparent use of this technology, including through the following:

First, the Presidential Memorandum requires Federal agencies to ensure that their policies and procedures are consistent with limitations set forth in the Presidential Memorandum on the collection and use, retention, and dissemination, of information collected through UAS in the NAS.

Second, the Presidential Memorandum requires agencies to ensure that policies are in place to prohibit the collection, use, retention, or dissemination of data in any manner that would violate the First Amendment or in any manner that would discriminate against persons based upon their ethnicity, race, gender, national origin, religion, sexual orientation, or gender identity, in violation of law.

Third, the Presidential Memorandum includes requirements to ensure effective oversight.

Fourth, the Presidential Memorandum includes provisions to promote transparency, including a requirement that agencies publish information within one year describing how to access their publicly available policies and procedures implementing the Presidential Memorandum.

Fifth, recognizing that technologies evolve over time, the Presidential Memorandum requires agencies to examine their UAS policies and procedures prior to the deployment of new UAS technology, and at least every three years, to ensure that protections and policies keep pace with developments.

Consistent with these objectives, the Presidential Memorandum additionally requires the Department of Commerce, through the National Telecommunications and Information Administration, and in consultation with other interested agencies, to initiate a multi-stakeholder engagement process within 90 days to develop a framework for privacy, accountability, and transparency issues concerning the commercial and private use of UAS in the NAS.

A.G. HOLDER'S STATEMENT ON PASSING OF JOHN DOAR

FROM:  U.S. JUSTICE DEPARTMENT 
FOR IMMEDIATE RELEASE
Tuesday, November 11, 2014
Attorney General Holder Statement on the Passing of Civil Rights Leader John Doar

Attorney General Eric Holder released the following statement Tuesday on the passing of civil rights leader John Doar:

"John Doar was a giant in the history of the Civil Rights movement, a courageous advocate for those who suffered discrimination, and a true champion of justice and equality over the course of many decades devoted to improving the country he loved so dearly.

"From Selma, to Montgomery, to the campus of Ole Miss, he stood with pioneers, rode with Freedom Riders, and marched with those who called for nothing more – and nothing less – than the rights which were theirs under the Constitution.  At a time when America's cities rioted – and Mississippi burned – he was never far from the front lines of this momentous struggle, leading efforts to overturn an unjust status quo and striving to achieve justice for civil rights workers who were senselessly murdered.

"Brave but unassuming, passionate but unbiased, he repeatedly risked his life to preserve the rule of law and stand up for that which was right.  He was one of the greatest leaders the Justice Department's Civil Rights Division has ever known.  And during a period of great national turmoil and transformative change, alongside countless other leaders and seemingly-ordinary citizens, he helped usher in a brighter dawn, and build a better future, for everyone in this country.

"I have always regarded John Doar as a personal hero and an embodiment of what it means to be a public servant.  In so many ways, he defined what is best about the Department he served so faithfully during one of its golden eras – proving every day, by word and by deed, that the law can be a strong, deft instrument of lasting, positive change.

"I was deeply saddened to learn of John Doar's passing, and I join President Obama and others throughout the nation in extending my deep condolences to his family and friends.  Although he will be sorely missed, we vow today that his vital work will go on – and his contributions, and shining example, will not merely endure; they will continue to push us forward."

DOJ INFORMS PUBLIC ON RIGHT TO VOTE AND BALLOT FRAUD

FROM:  U.S. JUSTICE DEPARTMENT 
Monday, November 3, 2014
Justice Department Releases Information on Election Day Efforts to Protect the Right to Vote and Prosecute Ballot Fraud

In anticipation of tomorrow’s general election, the Justice Department today provided information about its efforts, through the Civil Rights Division and Criminal Division, to ensure that all qualified voters have the opportunity to cast their ballots and have their votes counted free of discrimination, intimidation or fraud in the election process.

Civil Rights Division:

The Civil Rights Division is responsible for ensuring compliance with the civil provisions of federal statutes that protect the right to vote, and with the criminal provisions of federal statutes prohibiting discriminatory interference with that right.

The Civil Rights Division’s Voting Section enforces the civil provisions of a wide range of federal statutes that protect the right to vote including: the Voting Rights Act; the National Voter Registration Act; the Uniformed and Overseas Citizens Absentee Voting Act; and the Help America Vote Act.  Among other things, collectively, these laws:

prohibit election practices that have either a discriminatory purpose based on race or membership in a minority language group or a discriminatory result of members of racial or language minority groups having less opportunity than other citizens to participate in the political process;
prohibit intimidation of voters;
provide that voters who need assistance in voting because of disability or illiteracy can obtain assistance from a person of their choice;
require minority language election materials and assistance in certain jurisdictions;
provide for accessible election machines for voters with disabilities;
require provisional ballots for voters who assert they are eligible but whose names do not appear on poll books;
provide for absentee ballots for service members, their family members and U.S. citizens living abroad;
require states to ensure that citizens can register at drivers’ license offices, public assistance offices, other state agencies and through the mail; and
include requirements regarding maintaining voter registration lists.
The Civil Rights Division’s Criminal Section enforces federal criminal statutes that prohibit voter intimidation and vote suppression based on race, color, national origin or religion.

On Election Day, Nov. 4, 2014, the Civil Rights Division will implement a comprehensive program to help ensure the right to vote that will include the following:

The Civil Rights Division will conduct monitoring in the field at polling places.
Civil Rights Division attorneys in both the Voting and Criminal Sections in Washington, D.C., will be ready to receive election-related complaints of potential violations relating to any of the statutes the Civil Rights Division enforces.  Attorneys in the division will take appropriate action and will consult and coordinate with local U.S. Attorneys’ Offices and with other entities within the Department of Justice concerning these complaints before, during, and after Election Day.

Civil Rights Division staff will be available by phone to receive complaints related to voting rights (1-800-253-3931 toll free or 202-307-2767) or by TTY (202-305-0082).  In addition, individuals may also report complaints, problems, or concerns related to voting by fax to 202-307-3961, by email to voting.section@usdoj.govEmail links icon, and, by complaint forms that may be submitted through a link on the Department’s website, at www.justice.gov/crt/about/vot/.

Complaints related to violence, threats of violence, or intimidation at a polling place should always be reported immediately to local police authorities by calling 911.  They should also be reported to the Department after local authorities are contacted.

Criminal Division and the Department’s 94 U.S. Attorneys’ Offices:

The Department’s Criminal Division oversees the enforcement of federal laws that criminalize certain forms of election fraud and vindicate the integrity of the federal election process.

The Criminal Division’s Public Integrity Section and the Department’s 94 U.S. Attorneys’ Offices are responsible for enforcing the federal criminal laws that prohibit various forms of election fraud, such as vote buying, multiple voting, submission of fraudulent ballots or registrations, destruction of ballots or registrations, alteration of votes, and malfeasance by election officials.  The Criminal Division is also responsible for enforcing federal criminal law prohibiting voter intimidation for reasons other than race, color, national origin or religion (as noted above, voter intimidation that has a basis in race, color, national origin or religion is addressed by the Civil Rights Division).

The U.S. Attorney’s Offices around the country designate Assistant U.S. Attorneys who serve as district election officers (DEOs) in their respective districts.  DEOs are responsible for overseeing potential election-crime matters in their districts, and for coordinating with the department’s election-crime experts in Washington, D.C.

On Nov. 4, 2014, the U.S. Attorneys’ Offices will work with specially trained Federal Bureau of Investigation personnel in each district to ensure that complaints from the public involving possible voter fraud are handled appropriately. Specifically:

In consultation with federal prosecutors at the Public Integrity Section in Washington, D.C., the District Election Officers  in U.S. Attorneys’ Offices, FBI officials at headquarters in Washington, D.C., and FBI Special Agents serving as Election Crime Coordinators in the FBI’s 56 field offices will be on duty while polls are open, to receive complaints from the public.

Election-crime complaints should be directed to the local U.S. Attorney’s Office or the local FBI office.  A list of U.S. Attorneys’ Offices and their telephone numbers can be found at http://www.justice.gov/usao/districts/.  A list of FBI offices and accompanying telephone numbers can be found at www.fbi.gov/contact-us.

Public Integrity Section prosecutors are available to consult and coordinate with the U.S. Attorneys’ Offices and the FBI regarding the handling of election-crime allegations.

Again, complaints related to violence, threats of violence, or intimidation at a polling place should be reported first to local police authorities by calling 911.
Both protecting the right to vote and combating election fraud are essential to maintaining the confidence of all Americans in our democratic system of government.  The department encourages anyone who has information suggesting voting discrimination or ballot fraud to contact the appropriate authorities.

DOJ FILES STATEMENT OF INTEREST IN NEW YORK CASE INVOLVING DEFENDANTS RIGHT TO COUNCIL

FROM:  U.S. JUSTICE DEPARTMENT 

Thursday, September 25, 2014

Department of Justice Files Statement of Interest in New York State Right to Counsel Case

The Department of Justice today filed a statement of interest with the Supreme Court of the State of New York, Albany County in Hurrell-Harring v. State of New York.  In this class action litigation, the plaintiffs allege that, due to systemic failures in four New York counties, indigent criminal defendants have been constructively denied the right to counsel.

In Hurrell-Harring the plaintiffs allege that a lack of funding for indigent defense deprives public defenders of the time or resources to prepare cases or meaningfully represent their clients and amounts to the denial of counsel in violation of Gideon v. Wainwright and the Sixth Amendment.  In its statement of interest, the department advised the court that under resourcing public defense may force even otherwise competent and well-intentioned public defenders into a position where they are, in effect, a lawyer in name only.  The statement of interest added that if the court finds that the plaintiffs have been constructively denied the right to counsel on a systemic basis, the court has broad injunctive authority to remedy those constitutional violations.

“To truly guarantee adequate representation for low-income defendants, we must ensure that public defenders’ caseloads allow them to do an effective job,” said Attorney General Eric Holder.  “The Department of Justice is committed to addressing the inequalities that unfold every day in America’s courtrooms, and to fulfilling the Supreme Court’s historic decision in Gideon v. Wainwright.  America’s indigent defense systems exist in a state of crisis, and over 50 years after it was made, the promise of Gideon is not being met.”

“This case is emblematic of a national crisis in indigent criminal defense,” said Acting Assistant Attorney General Molly Moran of the Civil Rights Division.  “The right to counsel is one of the core guarantees of the Bill of Rights, and yet, as countless cases and studies show, indigent defense systems across the country are facing significant challenges in meeting their Sixth Amendment obligations.”

The purpose of the statement of interest is to provide the court with a framework to assess the plaintiffs’ claim of constructive denial of counsel.  As the department explained in the statement of interest, “An analysis of Gideon cases informs the United States’ position that constructive denial of counsel may occur when: (1) on a systemic basis, counsel for indigent defendants face severe structural limitations, such as a lack of resources, high workloads, and understaffing of public defender offices; and/or (2) indigent defenders are unable or are significantly compromised in their ability to provide the traditional markers of representation for their clients, such as timely and confidential consultation, appropriate investigation, and meaningful adversarial testing of the prosecution’s case.”

The Hurrell-Harring case was filed in 2007 and brought by former indigent defendants who faced criminal charges in five New York counties.  The plaintiffs seek systemic reform to prevent future violations of the right to counsel. The state court trial is scheduled to begin on Oct. 7, 2014.

DOJ STATEMENTS RELEASED REGARDING AG HOLDER'S RESIGNATION

Attorney General Holder
Credit:  DOJ Website

FROM:  U.S. JUSTICE DEPARTMENT 

Statements on the Departure of Attorney General Eric Holder

STATEMENT FROM ETHEL KENNEDY REGARDING ATTORNEY GENERAL ERIC HOLDER

“Eric Holder has vigilantly defended an ideal Bobby strongly believed -- that the Justice Department must deliver justice for all Americans. Especially our most vulnerable, who live in the very communities where justice can be hardest to find.”

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STATEMENT FROM MYRLIE EVERS REGARDING ATTORNEY GENERAL ERIC HOLDER

“There has been no greater ally in the fight for justice, civil rights, equal rights, and voting rights than Attorney General Holder.  As a fierce consequential defender of the right to vote, the Attorney General has worked tirelessly to ensure that every American has the right, the ability and the opportunity to cast their vote and let their voice be heard.

“Attorney General Holder never shied away from the issues that greatly affect us all.  From lobbying Congress to reduce prison sentences for non-violent drug offenders, to cracking down on abuse by police departments and to working to ease racial tension throughout the United States, the Attorney General was always there ready to correct injustices and offer common sense reforms to better our nation.

“I am honored to call the Attorney General a friend, and have had the distinct pleasure of working very closely with him throughout his tenure as AG and prior to his appointment. Just last year, when we celebrated the life of my husband Medgar, Attorney General Holder was the first to offer his assistance to honor Medgar and vowed to continue his pursuit for justice for all Americans, just as Medgar did.

“I wish AG Holder continued success, and look forward to continuing our work together to ensure that that this country stays on the path to greatness, righteousness and equality that we both have dedicated our lives to.”

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STATEMENT FROM MAYOR RAHM EMANUEL REGARDING ATTORNEY GENERAL ERIC HOLDER

“On behalf of the City of Chicago, I want to thank Attorney General Eric Holder for more than five and a half years of extraordinary service as our nation’s Attorney General. Whether it’s reducing gun violence on our streets or supporting restorative justice in our schools so more children can stay on track to graduate, the City of Chicago has had a strong partner in Attorney General Holder. He has been a great champion for keeping our streets safer, making our communities stronger, and making our criminal justice system fairer. We are a better nation because of Attorney General Holder’s outstanding service.”

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STATEMENT FROM THE LEADERSHIP CONFERENCE ON CIVIL AND HUMAN RIGHTS CEO WADE HENDERSON REGARDING ATTORNEY GENERAL ERIC HOLDER

“Attorney General Holder has presided over one of the most forward-thinking and visionary Justice Departments in memory. Remembering only his historic confirmation as the first African-American attorney general would not do justice to his tenure over the past six years, which was one of the most successful in modern American history.

"Under his leadership, the Department of Justice has put forth groundbreaking reforms to our broken criminal justice system, championed the right to vote, defended the Affordable Care Act, protected homeowners from predatory lending, defended the federal government from state overreach on immigration laws, and backed the reauthorization of the Violence Against Women Act.

"His tenure is even more remarkable considering that he was victim to an unprecedented witch hunt and abuse of power by House Republicans.  Their attempt to stain the office by issuing the only contempt citation against a sitting cabinet member in modern history only validated Attorney General Holder’s effectiveness and commitment to promoting the civil and human rights of all Americans.

"Attorney General Holder came to the job as the one of the most well-prepared nominees ever considered for the post, and he has surpassed even those high expectations. We commend his service to our nation and will work to confirm a successor that will continue Justice’s commitment to the advancement of civil and human rights.”

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STATEMENT FROM THE NAACP LEGAL DEFENSE AND EDUCATIONAL FUND REGARDING ATTORNEY GENERAL ERIC HOLDER

The NAACP Legal Defense and Educational Fund, Inc. today lauded the stellar leadership of departing Attorney General Eric Holder, who announced his resignation this morning. LDF also emphasized the need for continued vigilance in the protection of civil rights.

“When Attorney General Holder took the helm of the Department of Justice in 2009, he vowed to make the Civil Rights division the department's ‘crown jewel,’ and he has more than fulfilled that mission,” said Sherrilyn A. Ifill, President and Director-Counsel of NAACP LDF. “When the history of his tenure is written, Eric Holder will ultimately be recognized as one of the finest Attorneys General this country has ever known. In the field of civil rights there are few who could even claim to rival this Attorney General's dedication, strategic focus and commitment."

“General Holder's vision for the Civil Rights Division was one of restoration and transformation, from his leadership on voting rights, to legal services for the poor, to criminal justice reforms and, in recent weeks, to his forceful response to the tragic events in Ferguson,” Ifill added.

Ifill expressed particular support for the Attorney General’s forceful and courageous willingness to speak openly about the problem of mass incarceration in this country. “The ‘Smart on Crime’ initiatives he announced last year are a quintessential example of Attorney General Holder’s vision and boldness,” she said.

In 2013, Ifill noted, when the Supreme Court invalidated key portions of the Voting Rights Act in a devastating decision, Attorney General Holder immediately deployed the full litigation strength of the Justice Department in places like Texas and North Carolina to protect voters of color who had been made even more vulnerable to voting discrimination.  Most recently, his Justice Department attorneys stood side-by-side with LDF lawyers in a Texas courtroom to challenge that state’s discriminatory photo ID law.  A decision in that case, United States v. Texas, is expected in the next few weeks.

“It is hard to overstate the impact of General Holder’s tenure – but we are confident that his initiatives will endure, even under new leadership,” said Leslie Proll, Director of LDF’s Washington Office.  “At this critical time for America, we can’t afford to lose momentum on civil rights.  Certainly the next nominee will have big shoes to fill, but we trust and expect that his replacement will be up to the task.”

Attorney General Holder began his storied legal career as an intern at the NAACP Legal Defense Fund while at law school.  Earlier this year, he was the keynote speaker at LDF’s 60th anniversary celebration of the landmark Supreme Court ruling in Brown v. Board of Education. View his remarks online here [external link].

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STATEMENT FROM THE HUMAN RIGHTS CAMPAIGN REGARDING ATTORNEY GENERAL ERIC HOLDER

The Human Rights Campaign (HRC), the nation’s largest civil rights organization working to achieve lesbian, gay, bisexual, and transgender (LGBT) equality, today praised the distinguished service of Eric Holder upon learning that he will be stepping down as U.S. Attorney General pending confirmation of his successor. HRC believes that the President should use this opportunity to appoint the nation’s first out LGBT cabinet member.

"Some Attorneys General wait for history, others make history happen. Attorney General Holder made history for the LGBT community,” said Chad Griffin, President of HRC. “He was our Robert F. Kennedy, lightening the burden of every American who faces legal discrimination and social oppression. We owe him a profound debt of gratitude for his legacy of advocacy and service."

Attorney General Holder has been a staunch advocate for civil rights for LGBT Americans throughout his career in public life. As U.S. Attorney General for the District of Columbia, he formed the first hate crimes task force, which has become a model for U.S. Attorneys throughout the country. He spearheaded the administration’s decision to not defend the Defense of Marriage Act (DOMA) on the grounds that it was unconstitutional. Under his leadership, the FBI and Civil Rights Division began actively investigating and prosecuting hate crimes based on sexual orientation and gender identity with the implementation of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act.

His leadership is without comparison in the swift implementation of the Supreme Court’s Decision in Windsor v. United States. Attorney General Holder declared that the ruling meant that, “Americans in same-sex marriages are entitled to equal protection and equal treatment under the law.” From this historic statement, more than 1,000 federal rights and benefits of marriages have begun to flow to same-sex couples across the country.

HRC continues to advocate for the historic appointment of an openly LGBT cabinet member to the Obama administration.

"President Obama faces a historic opportunity in light of Attorney General Holder's departure,” said Chad Griffin, President of HRC. “The President has expressed a commitment to appointing a cabinet that reflects the full diversity of the American people, and there are many richly-qualified candidates available to serve as the first openly-LGBT cabinet secretary. It would be a natural extension of this administration's enduring commitment to equality to send a message of visibility and inclusion by nominating such a candidate to serve in this historic role."

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STATEMENT FROM SENATOR BILL NELSON REGARDING ATTORNEY GENERAL ERIC HOLDER

“I have found Attorney General Holder to be an outstanding public servant with whom I’ve had the privilege to work with on a number of issues. Among them, he has led the fight to protect the right to vote for all citizens and that includes his recent letter warning Florida’s governor against any future efforts there to suppress the vote.  And he also has been very supportive of scientists’ efforts to unlock the secrets of potential abuse at a now-shuttered reform school in North Florida.  The president will miss his counsel.”

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STATEMENT FROM REPRESENTATIVE JOHN CONYERS REGARDING ATTORNEY GENERAL ERIC HOLDER

“Attorney General Eric Holder has delivered the utmost distinguished service during his tenure in the Obama Administration.  As the first African American to serve as Attorney General, Mr. Holder has shown vigorous dedication to the American people and advancing civil rights for all.

“As the fourth longest serving Attorney General in U.S. history, his devotion to the pursuit of justice is unparalleled and has comforted the nation during great times of turmoil. I appreciate that he will remain in his post until a successor is named.  I wish him well in all his future endeavors and thank him for his tireless efforts over the past six years and more.”

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STATEMENT FROM REPRESENTATIVE ELEANOR HOLMES NORTON REGARDING ATTORNEY GENERAL ERIC HOLDER

“It is heartbreaking for me to see the Attorney General leave the administration, but it is understandable that, after six years of outstanding work on domestic and international legal issues, he would desire to return to private life,” Norton said.  “We in the District of Columbia are especially proud and grateful that it was his outstanding record as U.S. Attorney here that first brought Eric to the attention of President Clinton and, ultimately, to President Obama.  This morning, we discussed his exceptional work to avoid the harshness of federal mandatory minimum sentencing in selected cases, when the results would have been particularly unfair, by using the local courts.  This was possible because of the U.S. Attorney’s dual local and federal jurisdiction.  His work influenced the changes now underway with federal mandatory minimums that are reducing the sentences of thousands of low-level drug offenders.”

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STATEMENT FROM REPRESENTATIVE ELIJAH E. CUMMINGS REGARDING ATTORNEY GENERAL ERIC HOLDER

“Over the past six years, Attorney General Holder has worked to improve our nation’s broken justice system, enforce civil rights laws, ban racial profiling, rekindle trust between law enforcement and communities of color, restructure sentencing guidelines, and identify constructive alternatives to incarceration.  In the process, he has improved how our courts and law enforcement officers do their jobs.

“As the first-ever African American to serve in this position, Attorney General Holder has promoted equal protection under the law by building bridges across ideology, race, gender, and class.  His capacity to fight for the rights of every American has been boundless, and his plan to continue many of those battles beyond his tenure at the Department of Justice is a testament to his character.

“In his 26 years of public service, he has built a legacy of which he can be extremely proud, and I wish him the best as he moves on to new endeavors.”

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STATEMENT FROM REPRESENTATIVE JOHN LEWIS REGARDING ATTORNEY GENERAL ERIC HOLDER

“I deeply saddened to learn today that the U.S. Attorney General, Eric Holder, is stepping down.”

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ATTORNEY GENERAL HOLDER'S STATEMENT ON RECENT SHOOTING IN FERGUSON, MISSOURI

FROM:  U.S. JUSTICE DEPARTMENT 

Monday, August 11, 2014

Statement by Attorney General Holder on Recent Shooting Incident in Ferguson, Missouri

Attorney General Eric Holder released the following statement Monday regarding the shooting incident that took place Saturday afternoon in Ferguson, Missouri:

“The shooting incident in Ferguson, Missouri this weekend deserves a fulsome review. In addition to the local investigation already underway, FBI agents from the St. Louis field office, working together with attorneys from the Justice Department’s Civil Rights Division and US Attorney's Office, have opened a concurrent, federal inquiry. The federal investigation will supplement, rather than supplant, the inquiry by local authorities. At every step, we will work with the local investigators, who should be prepared to complete a thorough, fair investigation in their own right. I will continue to receive regular updates on this matter in the coming days. Aggressively pursuing investigations such as this is critical for preserving trust between law enforcement and the communities they serve.”

DOJ RELEASES CIVIL RIGHTS DIVISION'S ACCOMPLISHMENTS 2013 REPORT

FROM:  U.S. JUSTICE DEPARTMENT

Monday, May 12, 2014

Civil Rights Division Highlights Accomplishments and New Records for 2013
The Department of Justice Civil Rights Division today released its accomplishments report for 2013.  This report supplements the division’s first accomplishments report , issued last year, on the division’s work during the first four years of Attorney General Eric Holder’s leadership.  In the division’s 57th year, its substantial caseload reflects the persistence of civil rights challenges that create barriers to equality and freedom.  But in 2013, the division continued to set new records for numbers of cases and to reach first-of-their-kind agreements in a number of areas.  Through its enforcement efforts, the division works to fight discrimination and protect the civil and constitutional rights of people across the country.

The division’s 2013 accomplishments report highlights its work to advance three core principles: expanding opportunity for all, safeguarding the fundamental infrastructure of democracy and protecting the most vulnerable among us.

“Last year, the Civil Rights Division worked to safeguard the most fundamental rights of American democracy, to extend the promise of equality and opportunity, and to advance the cause of justice that has defined this country since its earliest days,” said Attorney General Holder.  “I commend the dedicated men and women of the Civil Rights Division for their leadership on these critical efforts.  Their work is exemplary and in many cases groundbreaking.  It goes to the heart of who we are as a nation and as a people.  And that’s why it continues to be a top priority for this Department of Justice: because we are, and will always be, firmly committed to overcoming persistent threats as well as new challenges in order to ensure equal justice under law.”

“Over the course of 2013, the Civil Rights Division continued the impressive track record it initiated during the first four years of Attorney General Holder’s leadership,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division.  “But for all that the division has accomplished, much work remains.  The division remains committed to meeting the next generation of civil rights challenges and to combating discrimination in all its forms.  We look forward to an even more productive 2014.”
 
Expanding opportunity for all

The division’s efforts to ensure equal access to education, housing, consumer credit and employment continue to set new records and to pioneer new models for bringing equal opportunity to all.  For example, working with the Consumer Finance Protection Bureau, the division reached its largest ever auto lending settlement when Ally Bank and Financial Inc. agreed to pay $98 million for pricing discrimination in its automobile lending practices.  The settlement provided $80 million in direct relief to African-American, Hispanic and Asian/Pacific Islander borrowers who were charged higher interest rate markups on auto loans than white borrowers.  The division has obtained more than $800 million in monetary relief in fair lending settlements since the unit was founded in 2010.

Ahead of this year’s 60th anniversary of the landmark Supreme Court decision Brown v. Board of Education, in 2013, the division launched new tools and entered into agreements to address racial disparities in education systems across the country.  After an investigation into disciplinary practices in the Meridian, Mississippi, public school system, the division found that black students frequently received far harsher disciplinary consequences, including arrests and incarceration, than white students for comparable and often minor misbehavior.  The department entered into a landmark settlement with the Meridian school system that will create a discipline system that treats all students equally regardless of race.  Also, to help all school districts administer discipline fairly and consistently, the division, along with the Department of Education, issued a groundbreaking joint discipline guidance for schools to prevent and address racial discrimination in school discipline.  This guidance, along with its additional technical assistance material, provides important information on the means by which schools can act to dismantle the school-to-prison pipeline.

The division continues its efforts to eliminate unnecessary segregation of persons with disabilities and to ensure that individuals with intellectual and developmental disabilities are given the opportunity to participate fully in their communities, in accordance with the Supreme Court’s decision in Olmstead v. L.C.  In 2013, the division investigated Training Thru Placement (TTP), one of the largest facility-based employment service providers in Rhode Island, and a sheltered workshop in a Providence high school.  The division found that workers with intellectual and developmental disabilities typically remained at TTP for decades, earning sub-minimum wages, and that the high school workshop acted as a pipeline to TTP.  The department’s investigation found that the workers with disabilities at TTP were not in the most integrated setting appropriate for them; rather, they were capable of working in real jobs with supports and participating in activities in the community.  The division entered into an interim agreement with the state of Rhode Island and the Providence Public School District regarding TTP and the school-based workshop and expanded its investigation to all state-funded employment and day facilities to address the rights of people with disabilities to receive state employment and daytime services in the broader community, rather than in segregated sheltered workshops and facility-based day programs.  Since 2009, the division’s Olmstead enforcement work has helped protect the rights of more than 46,000 people with disabilities.

T he division also continues to aggressively enforce the Uniformed Services Employment and Reemployment Rights Act (USERRA), ensuring that servicemembers returning from active duty are not penalized by their civilian employers.  The division’s USERRA program is critically important because USERRA cases typically involve small amounts of back pay; without the division’s help, many servicemembers would not be able to find or afford private attorneys to take their cases.  In Forsyth County, North Carolina, for example, the division reached an agreement to vindicate the employment rights of an Army National Guard soldier who was discharged from his job as a sheriff without cause less than a year after completing a deployment to Iraq.

Finally, the division collected a record in civil penalties, nearly $900,000, through its enforcement of the Immigration and Nationality Act (INA), which prohibits citizenship status and national origin discrimination in hiring, firing or recruitment or referral for a fee, document abuse and retaliation or intimidation.  The division also collected more in back pay than in any year in the past 10 years and settled major cases involving discriminatory documentary practices by Macy’s and Centerplate.

Safeguarding the fundamental infrastructure of democracy  

In the wake of the Supreme Court’s decision in Shelby County v. Holder, the division continues to use all of the tools still available in the Voting Rights Act (VRA) to ensure that all Americans can cast a ballot free from racial discrimination.  In 2013, the department filed three complaints under the VRA to protect the rights of minority voters in Texas and North Carolina to challenge discriminatory voting laws; each of these challenges alleges that these state laws were enacted with discriminatory intent.

The division also expanded its record number of agreements with law enforcement agencies by entering into model agreements with the University of Montana Office of Public Safety and the Missoula Police Department to ensure that police services are delivered without discrimination, that sex crimes are fully and adequately investigated and that victims are treated fairly and with respect after an investigation found systemic failures to protect women victims of sexual assault.

During Fiscal Year 2013, the division’s Courts Language Access Initiative worked with the court systems in 17 states to ensure that individuals are not denied access to important court proceedings because of their national origin and their limited English proficiency.  Access to state courts is critically important.  Whether cases involve child custody, domestic violence, foreclosure, wage claims or criminal prosecution, the stakes are too high in the courtroom context for parties or witnesses to be effectively excluded from participation.                                                  
Protecting the most vulnerable among us

The division prosecutes crimes to ensure protections for some of the most vulnerable populations in the country: those who are abused and trafficked for sex work or labor; those who are attacked out of hate due to the color of their skin, where they worship or who they love.  The division and its partners in the U.S. Attorneys’ Offices across the country filed 141 federal criminal civil rights cases, obtaining convictions of 166 defendants, in Fiscal Year 2013 –more than in any previous year in the division’s history.

For example, the division convicted 23 defendants on federal hate crimes charges – building on the division’s record in Fiscal Years 2009-2012, in which the division convicted 74 percent more individuals than in the preceding four years.  The division’s Appellate Section also defended the constitutionality of the Matthew Shepard and James Byrd Jr. Hate Crime Prevention Act in court.  Through its Human Trafficking Prosecution Unit, the division and its partners in the U.S. Attorneys’ Offices also brought 71 human trafficking cases, the most in the history of the division.  The division also brought 53 cases involving sex trafficking, a 55 percent increase over the previous year, and obtained convictions of 90 individuals for trafficking crimes.

The division also works to develop policy and legislative proposals to close the gaps in our nation’s civil rights protections.  This year, the division provided technical assistance on numerous legislative initiatives, including the reauthorization of the Violence Against Women Act and the Employment Non-Discrimination Act.

VIRTUAL CHARTER SCHOOL ENTERS AGREEMENT TO COMPLY WITH AMERICANS WITH DISABILITY ACT

FROM:  U.S. EDUCATION DEPARTMENT 
U.S. Department of Education Announces Resolution of South Carolina Virtual Charter Schools Civil Rights Investigation
MARCH 20, 2014
Contact:   Press Office, (202) 401-1576, press@ed.gov 

The U.S. Department of Education announced today that its Office for Civil Rights (OCR) has entered into an agreement with South Carolina Charter School District to ensure compliance with Section 504 of the Rehabilitation Act of 1972 and Title II of the Americans with Disabilities Act for students with disabilities in the District.

OCR initiated a compliance review in 2013 to assess whether the seven Internet-based public charter schools that serve more than 8,700 students who live throughout the state of South Carolina provide equal access to persons with disabilities, including students and parents. Specifically, OCR's investigation sought to determine whether persons with disabilities had an equal opportunity to access each school's website and online learning environment.

"All persons—with and without disabilities—must be able to obtain school information on a full, equal and independent basis. This agreement will ensure that persons with disabilities are afforded equal access to the District's internet-based public charter schools and any future District schools that will provide all or a portion of instruction via the internet," said Catherine E. Lhamon, Assistant Secretary for Civil Rights. "I commend the South Carolina Charter School District for addressing these issues as part of its agreement with OCR."

OCR determined that the schools' websites and online learning environments were not readily accessible to persons with disabilities, including those who required assistive technology to access the Internet. The most frequent concerns were lack of alternative text attributes on buttons, especially on video controls; lack of synchronized captioning; inaccessible PDFs; and animations that were not fully labeled. Additionally, some materials provided by third party vendors were inaccessible. These problems prevent persons with disabilities, particularly those with visual, hearing, or manual impairments, or who otherwise require the use of assistive technology to access the website or the online learning environment in an equally effective and equally integrated manner as persons without a disability.

South Carolina Charter School District is the local educational agency for 24 charter schools in South Carolina. Seven of these schools are Internet-based and deliver instruction completely online. These schools include Palmetto State e-Cademy, Provost Academy South Carolina, South Carolina Virtual Charter School, South Carolina Calvert Academy, South Carolina Connections Academy, South Carolina Whitmore School, and Cyber Academy of South Carolina.

Under the agreement, the District will ensure that all websites and on-line learning environments are accessible to persons with disabilities, including those who use assistive technology to access the internet. The agreement provides that:

The District will create a web accessibility committee to direct resources and provide technical assistance as schools work to ensure web accessibility.
The District will develop and implement an accessibility policy that requires all schools that provide instruction via the internet to be readily accessible and useable.

Each school will develop and implement a detailed accessibility plan to ensure that all programs and activities meet the standards in the accessibility policy, including recruiting material, online textbooks, mobile applications, testing, resources for parent/guardians, and audio and video recording recasts.
Each school will regularly complete an accessibility report that measures the school's compliance with the accessibility policy and will submit audit reports annually that describe steps taken to maintain the website's accessibility, as well as steps taken to ensure that new programs and content are accessible.
The District will develop and provide training on how to ensure accessible web design and implementation.

The District will certify to OCR that the District meets the requirements of the accessibility policy.

OCR will closely monitor the District's implementation of the agreement.

ATTORNEY GENERAL HOLDER'S REMARKS AT HUMAN RIGHTS CAMPAIGN

FROM:  JUSTICE DEPARTMENT 
Attorney General Eric Holder Delivers Remarks at the Human Rights Campaign Greater New York Gala
~ Monday, February 10, 2014

Thank you, Chad [Griffin], for those kind words; for your visionary leadership of this organization; and for the indelible – and truly historic – role that you and your colleagues have played in advancing the fight for civil rights and LGBT equality – in our courts, on our city streets, and in the halls of Congress.

It’s a privilege to share the stage with you today.  It’s a pleasure – as always – to be back home in New York City.  And it’s a tremendous honor to be among so many dedicated leaders, passionate advocates, strong allies, and committed public servants – including state legislators, city officials, and members of New York’s outstanding Congressional delegation.

Since the founding of the Human Rights Campaign more than three decades ago, this organization has brought people together to make a profound, positive difference in the lives of millions of Americans.  Especially in recent years, your committed efforts – and the hard work of countless allies across this country – have helped to bring about remarkable, once-unimaginable progress.  Thanks to leaders and activists in, and far beyond, this room, our nation has made great strides on the road to LGBT equality – a cause that, I believe, is a defining civil rights challenge of our time.

You’ve stepped to the forefront of our national discourse, helping to mobilize millions to raise awareness about issues of concern to the LGBT community.  You’ve spoken out for the rights and opportunities that have too often been denied to lesbian, gay, bisexual, and transgender individuals.  You’re calling for policies that stabilize families and expand individual liberty.  And you’re doing it all in a manner that is enduring; that is predicated on an understanding of our common humanity; and that is founded on the singular ideal that has defined this country since its earliest days: the notion that all are created equal – and that all are entitled to opportunity and equal justice under law.

For President Obama, for me, and for our colleagues at every level of the Administration, this work is a top priority.  And I’m pleased to note that – together – we have brought about historic, meaningful, lasting change.

We can all be proud that, today, those who courageously serve their country in uniform – those who sacrifice so that we can all enjoy the freedoms we cherish – need no longer hide their sexual orientation.  With the repeal of the “Don’t Ask, Don’t Tell” law in 2010 – an achievement that the Human Rights Campaign helped make possible – we celebrated the beginning of a new era for many brave servicemen and women.  And we ensured that, here at home and around the world, lesbian, gay, and bisexual Americans can serve proudly, honestly, and openly – without fear of being fired for who they are.

We also can be encouraged that the newly-reauthorized Violence Against Women Act includes robust new provisions that ensure LGBT survivors of domestic abuse can access the same services as other survivors of partner violence.  This will empower them to seek the help that they desperately need.  And it will enable more and more Americans to find hope and healing in moments of great difficulty.

And we can be invigorated by the Justice Department’s efforts to enforce critical civil rights protections – including the landmark Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act – which the Human Rights Campaign helped to pass, and which President Obama signed in 2009.  Under this important law, we are strengthening the Department’s ability to achieve justice on behalf of those who are victimized simply because of their sexual orientation or gender identity.  Today, we are more prepared – and better equipped – than ever before to pursue allegations of federal hate crimes wherever they arise; to bring charges whenever they are warranted; and to support our state and local law enforcement partners in enforcing their own hate crimes laws.  And I pledge to you tonight that we will never stop working to ensure that equality under the law is protected by the law.

After all, this is the principle that drove the President and me to decide – in early 2011 – that Justice Department attorneys would no longer defend the constitutionality of Section 3 of the Defense of Marriage Act.  We shared a strong belief that all measures that distinguish among people based on their sexual orientation must be subjected to a higher standard of scrutiny – and therefore that this measure was unconstitutional discrimination.  And as a result, last summer – on an extraordinary day that was made possible by so many of this organization’s members – the Supreme Court issued a historic decision striking down the federal government’s ban on recognizing gay and lesbian couples who are legally married.

This marked a critical step forward.  And it constituted a resounding victory for committed and loving couples throughout the country who fought for equal treatment under the law; for children whose parents had been denied the recognition that they deserved; and for millions of family, friends, and supporters who wanted to see their loved ones treated fairly, and who worked tirelessly to make that a reality.

Thanks to the opinions handed down on that day – and the efforts of this organization and many others – there’s no question that this country stands at a new frontier in the fight for civil rights.  And I am pleased to report that the dedicated men and women of the Justice Department – under the outstanding leadership of Assistant Attorney General for the Civil Division Stuart Delery, who is here with us tonight – are leading national efforts to implement, and make real, the full promise of the Supreme Court’s ruling in the Windsor case.

Already, my colleagues and I have announced the extension of significant benefits to Americans in same-sex marriages – including health insurance and other key benefits for federal employees and their families; a uniform policy ensuring that all same-sex married couples are recognized for federal tax purposes; and a policy dictating that – for purposes of immigration law – same-sex and opposite-sex marriages are treated exactly the same.

We also worked with the Department of Defense to determine that members of the military who are in same-sex marriages will receive the same benefits available to opposite-sex married couples.  Just last month, the Justice Department affirmed that – for purposes of federal law – same-sex marriages performed in the State of Utah will be recognized as lawful and considered eligible for all relevant federal benefits.  These marriages were valid when they were celebrated, and the federal government will acknowledge them as such.  And we will continue to coordinate with others across the government to ensure that those in lawful same-sex marriages across the country will receive every benefit to which they are entitled.

These initial changes will positively impact the lives of so many throughout the nation.  All of these steps forward are worth celebrating.  But I also want to make one thing very clear: for my colleagues, for me – and I know for all of you – they are only the beginning.

This is no time to rest on our laurels.  This is no time to back down, to give up, or to give in to the unjust and unequal status quo.  Neither tradition nor fear of change can absolve us of the obligation we share to combat discrimination in all its forms.  And, despite everything that’s been achieved, each of us has much more work to do.

We come together this evening at an exciting moment in history – one that is defined by challenge as well as opportunity.  As President Obama has said, “The laws of our land are catching up to the fundamental truth that millions of Americans hold in our hearts: that when all Americans are treated as equal…we are all more free.”

Tonight, I am proud to announce that the Justice Department is taking additional steps to further advance this “fundamental truth” – and to give real meaning to the Windsor decision.  On Monday, I will issue a new policy memorandum that will – for the first time in history – formally instruct all Justice Department employees to give lawful same-sex marriages full and equal recognition, to the greatest extent possible under the law.

This means that, in every courthouse, in every proceeding, and in every place where a member of the Department of Justice stands on behalf of the United States – they will strive to ensure that same-sex marriages receive the same privileges, protections, and rights as opposite-sex marriages under federal law.  And this policy has important, real-world implications for same-sex married couples that interact with the criminal justice system.  For instance, as a result of this policy:

•  The Department will recognize that same-sex spouses of individuals involved in civil and criminal cases should have the same legal rights as all other married couples – including the right to decline to give testimony that might violate the marital privilege.  Under this policy, even in states where same-sex marriages are not recognized, the federal government will not use state views as a basis to object to someone in a same-sex marriage invoking this right.

•  In bankruptcy cases, the United States Trustee Program will take the position that same-sex married couples should be treated in the same manner as opposite-sex married couples.  This means that, among other things, same-sex married couples should be eligible to file for bankruptcy jointly, that certain debts to same-sex spouses or former spouses should be excepted from discharge, and that domestic support obligations should include debts, such as alimony, owed to a former same-sex spouse.

•  Federal inmates in same-sex marriages will also be entitled to the same rights and privileges as inmates in opposite-sex marriages.  This includes visitation by a spouse, inmate furloughs to be present during a crisis involving a spouse, escorted trips to attend a spouse’s funeral, correspondence with a spouse, and compassionate release or reduction in sentence based on the incapacitation of an inmate’s spouse.

Beyond this, the Department will equally recognize same-sex couples for the purposes of a number of key benefits programs it administers, such as the Radiation Exposure Compensation Program and the September 11th Victim Compensation Fund.

Another key program is the Public Safety Officers’ Benefits Program.  It provides death benefits and educational benefits to surviving spouses of public safety officers, such as law enforcement officers and firefighters, who suffer catastrophic or fatal injuries in the line-of-duty.  This program is one way that we, as a country, stand by the families of those who put themselves in harm’s way to keep our communities safe, and we must never do so selectively.  When any law enforcement officer falls in the line of duty or is gravely injured, the federal government should stand by that hero’s spouse – no matter whether that spouse is straight or gay.  Our policy memo on Monday will reflect this principle.

After all, this nation was built – and it continues to be improved – by patriotic men and women with abiding faith in the bedrock principle of equality.  From the suffragettes to the Freedom Riders – from Birmingham to Stonewall – America’s course has been determined, and our future defined, by those who act on the recognition that all are created equal.  By those who understand that this country’s diversity has always been one of its greatest strengths.  And by those who prove every day that we – as a people – are made greater, and wiser, and stronger when we value the contributions of every citizen – gay and straight, bisexual and transgender.  Black and white.  Young and old – whether they live in Washington or Wyoming; Massachusetts or Missouri.  Whether they work in schools or restaurants – on Wall Street or Main Street.  And whether they contribute to our nation as doctors or service members; as businesspeople or public servants; as scientists or as Olympic athletes.

In this great country, we move faster, we reach farther, and we climb higher whenever we stand together as one.  That’s why this Administration, this Department of Justice – and this Attorney General – will never stop fighting to ensure equal protection.  We will never rest in our efforts to safeguard the civil rights to which everyone in this country is entitled.  And we will never waver in our determination to build on the progress we’ve seen – and bring about the changes our citizens deserve.  But you must be our partners in this effort.  Everyone in this room, and everyone in the LGBT community, must be committed to ending all discrimination – discrimination based not only on sexual orientation, but also on race, gender, ethnicity, and national origin.  You must be active in those areas of the struggle as well.

We are, right now, in the middle of marking a number of 50-year anniversaries of key milestones in the Civil Rights Movement – from Dr. Martin Luther King, Jr.’s “I Have a Dream” speech, in 1963, to this summer’s anniversary of the passage of the Civil Rights Act of 1964.  The gains made during that period continue to be a source of great pride – not just for our country, but also for the building where I work.  At critical points along the way, the Justice Department played a leadership role in advancing that historic movement.  This was never more evident than when Attorney General Robert F. Kennedy sent his top deputy, Nick Katzenbach – whose portrait hangs in my personal office – to literally stare down racial discrimination in the schoolhouse door in order to enforce the integration of the University of Alabama.  It was my late sister-in-law, Vivian Malone, who walked through that University’s doors that day.  Without the bravery shown by her – and so many others like her – during the Civil Rights movement, I would not be standing before you today as the nation’s first African-American Attorney General.

And yet, as all-important as the fight against racial discrimination was then, and remains today, know this: my commitment to confronting discrimination based on sexual orientation or gender identity runs just as deep.  Just as was true during the civil rights movement of the 1960s, the stakes involved in this generation’s struggle for LGBT equality could not be higher.  Then, as now, nothing less than our country’s founding commitment to the notion of equal protection under the law was at stake.  And so the Justice Department’s role in confronting discrimination must be as aggressive today as it was in Robert Kennedy’s time.  As Attorney General, I will never let this Department be simply a bystander during this important moment in history.  We will act.

As we keep moving forward together, we will continue to rely on the passion, the expertise, and the steadfast commitment of groups like this one – and dedicated advocates like all of you.  Important, life-changing work remains before us, and we know from our history that the road ahead will be anything but easy.  Always remember that progress is not inevitable and that positive change occurs only through commitment and through struggle.

But as I look around this crowd tonight – at so many leaders who are helping to build, and taking part in, a movement that is truly historic – I cannot help but feel confident in our ability to keep moving forward together.  And I am profoundly optimistic about the country – and the world – that we will imagine; that we will plan for; and that each of us will surely help to create.  I welcome the opportunity to work with you in this endeavor.

Thank you.

FORMER POLICE OFFICER SENTENCED IN ARRESTEE ASSAULT CASE

FROM:  JUSTICE DEPARTMENT 
Wednesday, February 5, 2014

Former Tennessee Police Officer Sentenced for Assaulting an Arrestee
Christopher Eugene Reynolds, 39, a former police officer of the Selmer, Tenn., Police Department (SPD), was sentenced today by U.S. District Judge J. Daniel Breen to serve one year and one day in prison following his conviction for violating the civil rights of an arrestee, the Justice Department announced.  Reynolds pleaded guilty Nov. 6, 2013.  Judge Breen also sentenced Reynolds to a period of two years supervised release and a $100 special assessment.

“The majority of law enforcement officers do not abuse their authority, however, the defendant has admitted that he wrongfully assaulted an arrestee,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division.  “The Justice Department will continue to vigorously prosecute officers who use their official position to violate the civil rights of those in their custody.”

Reynolds admitted that on April 28, 2011, while using his authority as a SPD officer, he slammed a handcuffed arrestee to the floor of the McNairy Regional Hospital and struck him once in the face.  According to information presented in court, Reynolds acknowledged that this assault was unreasonable, did not serve a legitimate law enforcement purpose and was not made by accident, mistake or inadvertence.

Reynolds was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.

This case was investigated by FBI Special Agent Christopher Miller with the assistance of the Tennessee Bureau of Investigation.  The case was prosecuted by Trial Attorney Ryan J. Murguía for the Civil Rights Division and Special Litigation Counsel Gerard V. Hogan, with the assistance of Assistant U.S. Attorney Victor L. Ivy for the Western District of Tennessee.

PRESIDENT OBAMA'S STATEMENT ON DEATH OF PETE SEEGER

FROM:  THE WHITE HOUSE 
Statement by the President on the Passing of Pete Seeger

Once called “America’s tuning fork,” Pete Seeger believed deeply in the power of song.  But more importantly, he believed in the power of community – to stand up for what’s right, speak out against what’s wrong, and move this country closer to the America he knew we could be.  Over the years, Pete used his voice – and his hammer – to strike blows for worker’s rights and civil rights; world  peace and environmental conservation.  And he always invited us to sing along.  For reminding us where we come from and showing us where we need to go, we will always be grateful to Pete Seeger.  Michelle and I send our thoughts and prayers to Pete’s family and all those who loved him.

APARTMENT OWNER AND STAFF CHARGED WITH DISCRIMINATION AGAINST FAMILIES WITH CHILDREN

FROM:  U.S. JUSTICE DEPARTMENT 
Friday, October 25, 2013
Justice Department Charges California Apartment Owner and Staff with Discrimination Against Families with Children

The Justice Department today filed a lawsuit against the owner and operators of a Fremont, Calif., apartment complex, alleging that they had discriminated against families with children in violation of the Fair Housing Act by prohibiting children from playing in the common grassy areas of the complex.

“Families with children should have the same ability to enjoy their homes as all other tenants,” said Jocelyn Samuels, Acting Assistant Attorney General for the Justice Department’s Civil Rights Division.  

The lawsuit, filed in the U.S. District Court for the Northern District of California, alleges that the owners and rental staff of Woodland Garden Apartments, a 37 unit apartment complex, adopted and enforced a policy prohibiting children from playing outside in the common grassy areas of the complex.  The complex is owned by Fred Martin and managed by Fatima Rivera, both of whom are named in the suit.  Alfredo Rivera, a former maintenance worker who participated in enforcing the policy, is also named as a defendant in the suit.

This lawsuit arose as a result of complaints filed with the Department of Housing and Urban Development (HUD) by five families with children who lived at Woodland Garden Apartments, and Project Sentinel, a non-profit organization based in Santa Clara, Calif., that promotes fair housing.  After HUD investigated the complaints, it issued a charge of discrimination and the matter was referred to the Justice Department.

“Housing providers cannot impose more restrictive policies on families with children or evict them simply because their children leave the unit,” said Bryan Greene, HUD Acting Assistant Secretary for Fair Housing and Equal Opportunity.  “HUD and DOJ are committed to enforcing the fair housing rights of all people, including families with children.”

The lawsuit seeks a court order prohibiting future discrimination by the defendant, monetary damages for those harmed by the defendant’s actions and a civil penalty.

The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability.

COUNTIES IN ILL., AND KAN. TO BE MONITORED BY JUSTICE DEPARTRMENT DURING FEB. ELECTIONS

FROM: U.S. DEPARTMENT OF JUSTICE
Monday, February 25, 2013
Justice Department to Monitor Elections in Illinois and Kansas

The Justice Department announced today that the Civil Rights Division will monitor elections on Feb. 26, 2013, in Cook County, Ill., and Seward County, Kan. The monitoring will ensure compliance with the Voting Rights Act of 1965 and other federal voting rights statutes. The Voting Rights Act prohibits discrimination in the election process on the basis of race, color or membership in a minority language group. In addition, the act requires certain covered jurisdictions to provide language assistance during the election process. Cook County is required to provide language assistance to its Hispanic, Chinese and Asian Indian voters, and Seward County is required to provide language assistance to its Hispanic voters.

Justice Department personnel will monitor polling place activities in Cook and Seward Counties. Civil Rights Division attorneys will coordinate federal activities and maintain contact with local election officials.

Each year, the Justice Department deploys hundreds of federal observers from the Office of Personnel Management, as well as departmental staff, to monitor elections across the country.

NEW ORLEANS POLICE DEPARTMENT WILL BE TRANSFORMED

FROM: U.S. DEPARTMENT OF JUSTICE

Friday, January 11, 2013

Court Finalizes Consent Decree to Transform the New Orleans Police Department

Today, U.S. District Court for the Eastern District of Louisiana entered an order granting the joint motion of the United States and the city of New Orleans to enter the consent decree regarding the New Orleans Police Department (NOPD). This order is a critical milestone in reforming the long-troubled NOPD and is an important step in dealing with the public safety crisis in New Orleans and in restoring community confidence in the New Orleans criminal justice system. The court’s order ensures critical changes to policy and practices, oversight by a federal monitor and transparency so that the community can continue to participate in and track the reform process. The order finalizes this binding agreement that was extensively negotiated between the department and the city, and allows for that agreement’s immediate implementation. The department and the city signed the agreement in July 2012.

"The Department of Justice appreciates the court’s careful attention to this matter," said Thomas E. Perez, Assistant Attorney General for Civil Rights. "The court’s action today ensures that the people of New Orleans will have a police department that respects the Constitution, ensures public safety and earns the confidence of the community. This decree will provide the city with important tools to reduce crime, ensure effective, constitutional policing and restore public confidence in NOPD."

As outlined in the court’s order, approval of the consent decree comes after thorough review of the consent decree to determine if it is fair, reasonable and adequate to address the long-standing constitutional deficiencies within NOPD. The review included hearing extensive testimony from the United States, the city, the Office of the Independent Police Monitor, the Fraternal Order of Police and the Police Association of New Orleans and many other New Orleans stakeholders and residents. The testimony reaffirmed both that NOPD engages in unconstitutional conduct, and that there is a public safety crisis in New Orleans that the NOPD can only address by implementing the reforms required by the decree.

The court’s approval of the consent decree comes at a time of continuing and serious public safety challenges in New Orleans.

"The deficiencies within NOPD that the Department of Justice identified during its extensive investigation continue to plague New Orleans," said Assistant Attorney General Perez. "Time is of the essence. We look forward to the immediate implementation of the agreement, and stand ready to work with all stakeholders in New Orleans to continue the reform process."

The department opened an investigation into NOPD in May 2010 after Mayor Landrieu asked for the department’s help with a complete transformation of NOPD. After a thorough investigation of NOPD’s policies and practices the department issued a letter of findings in March 2011 that outlined a pattern of unconstitutional conduct and violations of federal law that stemmed from entrenched practices within NOPD. These constitutional violations include use of excessive force; unconstitutional stops, searches and arrests, and; discriminatory and biased policing based on gender, race, national origin and sexual orientation.

"In his first days in office, Mayor Landrieu called for a comprehensive federal civil rights investigation of NOPD, and said that ‘nothing short of the complete transformation is necessary and essential to ensure safety for the citizens of New Orleans.’ This consent decree provides the roadmap for the complete transformation of NOPD," said Assistant Attorney General Perez.

FORMER POLICE GOES TO PRISON FOR ATTACKING RESTRAINED PRISONER

FROM: U.S. JUSTICE DEPARTMENT

Monday, October 22, 2012
Former Georgia Police Chief Sentenced for Assaulting Restrained Inmate
Former chief of the Omega, Ga., Police Department, Walter Young, 54, was sentenced today for physically abusing a man in his custody, the Justice Department announced.

U.S. District Judge Hugh Lawson sentenced Young to 24 months in prison for violating the civil rights of a pretrial detainee while acting in his capacity as the chief of police.

According to evidence presented at trial, on March 24, 2011, the former police chief assaulted the detainee, Alfonso Moreno, by repeatedly slapping and punching him in the head and face while he was fully restrained in a restraint chair. Young struck Mr. Moreno a total of eight times, breaking Moreno’s nose. Young’s excessive use of force was captured by the jail’s video surveillance system. A federal jury convicted Young on Aug. 1, 2012.

"There was no excuse for this use of force on a restrained individual and excessive force by those sworn to uphold the law will not be tolerated," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. "The Justice Department will continue to vigorously prosecute law enforcement officers who violate the constitutional rights of others."

"We trust our law enforcement officers to protect and serve the people of their community," said Michael J. Moore, U.S. Attorney for the Middle District of Georgia. When we discover violations of that trust, the U.S. Attorney’s Office will use all of our resources to see that those officers who broke the law are made to account for their actions."

This case was investigated by the FBI and prosecuted by Special Litigation Counsel Forrest Christian and Trial Attorney Tona Boyd of the Civil Rights Division of the U.S. Department of Justice, with the assistance of the U.S. Attorney’s Office for the Middle District of Georgia and the support of the Georgia Bureau of Investigations.

U.S. JUSTICE DEPARTMENT ANNOUNCES NEW CIVIL RIGHTS ENFORCEMENT UNIT

FROM: U.S. DEPARTMENT OF JUSTICE
Assistant Attorney General Thomas E. Perez Speaks at Press Conference Announcing Civil Rights Enforcement Unit
Birmingham, Ala. ~ Tuesday, August 21, 2012

　
Good morning, and thank you all for joining us for this important announcement. It is an honor to be here with Joyce and her staff in the U.S. Attorney’s Office. Joyce is deeply committed to protecting the civil rights of the communities she serves. And the attorneys and professionals in her office have been invaluable partners to the Department of Justice throughout my tenure at the Civil Rights Division. Today’s announcement commemorates that partnership, and will strengthen it for years to come.
　
I extend my sincere congratulations to everyone in the U.S. Attorney’s Office, the civil rights advocates and stakeholders on the ground, and the communities throughout Northern Alabama who worked so hard in recent months to make this Civil Rights Unit possible.
　
This announcement is all the more special because of where we are today. I first toured the Birmingham Civil Rights Institute two years ago. I had the opportunity then to see what a great and living monument this Institute is to Birmingham’s rich history in the civil rights movement. It is important that we are here together now, during the 20th anniversary of the Institute, to look back at that history – and to look forward together to how far we have to travel to realize the vision of the brave men and women memorialized on these walls.
　
The eyes of the world watched as centuries of our nation’s troubled history of race relations played out in these streets a half century ago. Residents of Birmingham, many of them children, marched through this city demanding access to the promise of our founding documents. They exposed themselves to great physical violence, and far too many lives were stolen by that fight. But their struggle was not in vain. This city was the eye of the storm that sparked revolutionary change.
　
To visit these sacred sites is a reminder of how far we have come. Our nation has made great progress toward the promise of equal opportunity and equal justice. Just days ago, we watched as thousands of young people lined up request consideration for temporary relief from removal . These are people who came to this country as children, with loved ones who sought to give them a chance at a better life. They are students and veterans who represent the best of what America has to offer. More than anything, they want to pursue their dreams and contribute to this country, a country that they know and love as their own.
　
Given the progress we’ve made, it is not surprising that I frequently encounter people who wonder why, in 2012, we still need a Civil Rights Division. Like all of us, they are proud of the progress we’ve made as a nation. They see an African-American President and an African American Attorney General. They see a growing number of minorities and women serving in Congress. They see an African American and a Latina on the Supreme Court. And they assume that these great symbols of progress mean that our journey is complete.
　
But this morning, I had the opportunity to meet with 21st century civil rights advocates who remind us all that the fight is not finished. They understand that, for so many of our neighbors, true equal opportunity and true equal justice remain just out of reach. Far too many of our brothers and sisters still live in the shadows of life.

Even as thousands of young immigrants to the United States are reaching for a second chance, thousands of schoolchildren in Alabama are starting the school year under the specter of H.B. 56. Thirty years ago, the Supreme Court ruled in Plyler v. Doe that all students, no matter their immigration status, must be welcome in our nation’s schools. Yet far too many children are being kept from the classroom, just as far too many children have yet to see the truly equal educational environment they were promised in perhaps the most well known Supreme Court ruling in our nation’s history more than five decades ago.