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Federal Ferguson Investigation Will Remain Independent, Holder Insists

Attorney General Eric Holder visited Ferguson, Mo., in August, where he met with elected and police officials and community members.
Pablo Martinez Monsivais / AP
Attorney General Eric Holder visited Ferguson, Mo., in August, where he met with elected and police officials and community members.

This post was updated at 5:30 p.m. ET

Attorney General Eric Holder says “far more must be done to create enduring trust” between police and communities they serve, even as his Justice Department continues to investigate possible discriminatory police actions in Ferguson, Mo.

Civil rights lawyers at Justice working alongside FBI agents have also been examining whether white officer Darren Wilson intentionally violated the civil rights of 18-year-old Michael Brown, the unarmed black man he shot dead Aug. 9.

On Tuesday, Holder spoke about the DOJ’s ongoing efforts emphasizing that both federal investigations will “continue to be thorough, continue to be independent and they remain ongoing.”

He did not provide a timeline for the investigations, but said they “will be conducted rigorously and in a timely manner so that we can move forward as expeditiously as we can to restore trust, to rebuild understanding, and to foster cooperation between law enforcement and community members.”

Proving that Wilson, who was cleared Monday by a St. Louis County grand jury, violated federal criminal law will be difficult, DOJ veterans say.

But in the aftermath of the local grand jury announcement, Holder has insisted the federal probe of the policeman is ongoing and independent of St. Louis prosecutors.

“And although federal civil rights law imposes a high legal bar in these types of cases, we have resisted forming premature conclusions,” Holder said in a statement Monday.

Mediators from the Justice Department Community Relations Service have been on the ground in Ferguson trying to ease tensions since August. And the DOJ community-oriented policing unit has been trying to train local law enforcement to respect protesters and de-escalate tensions. Scattered violence and scenes of burning businesses in the area overnight Monday mean that work is far from complete.

Justice Department lawyers are making slow but steady progress on another facet of their task in Ferguson: investigating allegations of unconstitutional policing by law enforcement there.

Holder tipped his hand last month, publicly calling for “wholesale changes” in the Ferguson force. His DOJ investigators have opened more than two-dozen investigations into biased policing tactics and patterns of excessive force in places from Albuquerque to New Orleans to Newark.

Such cases often end in lawsuits or court-enforceable agreements to change hiring, training and traffic stop actions.

Vanita Gupta, the acting leader of the civil rights division at Justice, said at a news conference last month that the goal of such cases is to “ensure that the city has an effective, accountable police department that controls crime, ensures respect for the Constitution, and earns the respect of the public it is charged with protecting.”

Holder also said Tuesday he was disappointed that some reacted with violence rather than heeding the call for non-violence issued by Brown’s parents.

The attorney general says his top aides will work with local police in Missouri “so that we can develop strategies for identifying and isolating the criminal elements from peaceful protesters.” Holder says people in Ferguson who tried to stop looters and arsonists are “heroes, in my mind.”

The issue is personal for Holder, the country’s first black attorney general. He told NPR earlier this year he wanted to keep working to forge connections between police and minority communities even after he retires from public service next year.

Copyright 2023 NPR. To see more, visit https://www.npr.org. utm

Carrie Johnson is NPR's National Justice Correspondent.

She covers a wide variety of stories about justice issues, law enforcement, and legal affairs for NPR's flagship programs Morning Edition and All Things Considered. Johnson regularly appears on the NPR Politics Podcast.

Prior to coming to NPR in 2010, Johnson worked at the Washington Post for 10 years. Earlier in her career, she wrote about courts for the weekly publication Legal Times.

Her work has been honored with awards from the Robert F. Kennedy Center for Justice and Human Rights, the Society for Professional Journalists, and SABEW. She served as a fellow at the Nieman Foundation for Journalism at Harvard University from 2019-2020. In 2021, the National Association of Criminal Defense Lawyers honored Johnson with a rarely-bestowed Champion of Justice award for her journalism work.

She has been a finalist for the Loeb Award for financial journalism and for the Pulitzer Prize in breaking news for team coverage of the massacre at Fort Hood, Texas.

Johnson is a graduate of the University of Wisconsin-Madison and Benedictine University in Illinois. She sits on the advisory board for the Center for Journalism Ethics at UW-M and the Historical Society of the D.C. Circuit.

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