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FBI Director James Comey confronts racism in policing

http://youtu.be/TfSVbqPUe1Y

In a monumentally important speech at Georgetown University on Friday, FBI Director James Comey spoke about the hard truths of racism as it affects policing. He said,

A second hard truth: Much research points to the widespread existence of unconscious bias. Many people in our white-majority culture have unconscious racial biases and react differently to a white face than a black face. In fact, we all, white and black, carry various biases around with us. I am reminded of the song from the Broadway hit, Avenue Q: “Everyone’s a Little Bit Racist.” Part of it goes like this:

Look around and you will find
No one’s really color blind.
Maybe it’s a fact
We all should face
Everyone makes judgments
Based on race.

You should be grateful I did not try to sing that.

But if we can’t help our latent biases, we can help our behavior in response to those instinctive reactions, which is why we work to design systems and processes that overcome that very human part of us all. Although the research may be unsettling, it is what we do next that matters most.

Comey’s speech is long overdue, given the emerging trend of innocent black men and boys dying after calls to 911, but at least it finally happened. For that I am grateful.

He is a man of principle and courage and he is in a position to do something that gives meaning to the words he speaks. For example, he stood up to President Bush and White House counsel Alberto Gonzalez when they attempted to convince a hospitalized Attorney General John Ashcroft to sign-off on a document approving of an unlawful NSA wiretap program. Wikipedia has the story.

In early January 2006, The New York Times, as part of its investigation into domestic surveillance by the National Security Agency, reported that Comey, who was Acting Attorney General during the March 2004 surgical hospitalization of John Ashcroft, refused to “certify” the legality of central aspects of the NSA program at that time. The certification was required under existing White House procedures to continue the program.

After Comey’s refusal, the newspaper reported, Andrew H. Card Jr., White House Chief of Staff, and Alberto R. Gonzales, then White House counsel and future Attorney General, made an emergency visit to the George Washington University Hospital to attempt to win approval directly from Ashcroft for the program. According to the 2007 memoir of Jack Goldsmith, who had been head of the Office of Legal Counsel at the time, Comey went to the hospital to give Ashcroft support to withstand the pressure from the White House.

Comey confirmed these events took place (but declined to confirm the specific program) in testimony to the Senate Judiciary Committee on 16 May 2007. FBI Director Robert S. Mueller III, like Comey, also supported Ashcroft’s decision; both men were prepared to resign if the White House ignored the Department of Justice’s legal conclusions on the wiretapping issue. FBI director Mueller’s notes on the March 10, 2004, incident, which were released to a House Judiciary committee, confirms that he “Saw [the] AG, John Ashcroft in the room. AG is feeble, barely articulate, clearly stressed.” Comey withdrew his threat to resign after meeting directly with President Bush, who gave his support to making changes in the surveillance program.

Only time will tell, but this is an encouraging development.

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Frederick Leatherman

Frederick Leatherman

I am a former law professor and felony criminal defense lawyer who practiced in state and federal courts for 30 years specializing in death penalty cases, forensics, and drug cases.

I taught criminal law, criminal procedure, law and forensics, and trial advocacy for three years after retiring from my law practice.

I also co-founded Innocence Project Northwest (IPNW) at the University of Washington School of Law in Seattle and recruited 40 lawyers who agreed to work pro bono, assisted by law students, representing 17 innocent men and women wrongfully convicted of sexually abusing their children in the notorious Wenatchee Sex Ring witch-hunt prosecutions during the mid 90s. All 17 were freed from imprisonment.

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