What impact could the Trump administration have on the DOJ investigation into the Phoenix Police Department?

PHOENIX (AZFamily) – Donald Trump’s return to the Oval Office in January raises questions about what that means police reform in Phoenix.

While he has not yet publicly nominated anyone for the role of U.S. attorney general, Trump’s previous presidency could provide insight into what could happen in January.

In June the The U.S. Department of Justice has released a scathing report on the Phoenix Police Department. Despite the FBI’s recommendations, the city has not agreed to federal oversight.

The DOJ accused Phoenix police of using excessive force, violating civil rights and discriminating against minorities and the homeless.

“This is a case where we can’t rely on law enforcement to do their own oversight,” said Kristen Clarke, the assistant U.S. attorney general for the DOJ’s civil rights division.

Since June, Phoenix has doubled its profits and says it has taken the necessary steps to improve accountability and transparency.

Emily Gunston, a former Justice Department attorney, says that’s not enough.

“By the time the DOJ requests a consent decree to remedy the violations, it has concluded that it is highly unlikely that the jurisdiction can or will implement these reforms on its own,” Gunston said. “If it could, it would have done so already.”

Professional lawyers who investigated the department will remain under a new administration, but Trump will decide who heads the Justice Department.

“The new administration that comes in could continue with the lawsuit based on the findings of the appellate staff, or it could determine that it will not proceed with the lawsuit and then the findings are just findings.”

During Trump’s last term, the Justice Department launched one pattern or practice investigation, compared to 18 under former President Obama and 12 under President Biden.

“I think given Donald Trump’s record the last time he was president, people should be very concerned that he and his attorney general will not move forward in the lawsuit being investigated by career lawyers at the department of Justice.”

Michael Gennaco, an expert on law enforcement reform, agrees.

“I think that in January, when there is a change in administration, DOJ may not simply turn away, but completely walk away from this and other ongoing investigations involving problems with the police system,” he said.

Several city leaders have said they want to wait before signing a tentative agreement or consent decree. Experts believe this would further divide the community.

“I think this is going to make the community uneasy about the way policing is done in the city of Phoenix,” Gennaco said.

In other cases, the DOJ did not reach a consent decree, but the state moved forward with it. In Arizona, however, the attorney general does not have the authority to provide that kind of oversight.

The Phoenix Police Department said Tuesday it remains committed to improving its public safety services.

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