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For two Virginia police officers who posed for a photo during the murderous U.S. Capitol uprising, the results were rapid and public: they were identified, accused of crimes and arrested.
But for five Seattle officers, the outcome is less clear. Their identities are still under wraps, two are on leave and three continue to work as a police watchdog investigates whether their actions in the nation’s capital on January 6 crossed the line of protected political speech with the offense. to the law.
The contrasting cases highlight the dilemma facing law enforcement agencies nationwide when examining the behavior of dozens of officers who were in Washington on the day of the riot by supporters of President Donald Trump. Officials and experts agree that officers involved in the melee should be fired and charged for their role.
But what about those officers who only attended the Trump rally before the riot? How does a ministry balance an officer’s free speech rights with the blow to public trust resulting from law enforcement presence at an event with far-right activists and white nationalists? who continued to attack the seat of American democracy?
An Associated Press survey of law enforcement across the country found that at least 31 officers in 12 states are being screened by their superiors for their behavior in the District of Columbia or face criminal charges for participating to riot. Officials are investigating whether police officers violated laws or policies or participated in violence in Washington. A Capitol Police officer died after being hit in the head with a fire extinguisher as rioters descended on the building and many other officers were injured. A woman was shot dead by police on Capitol Hill and three others died after medical emergencies during the chaos.
Most of the agents have not been publicly identified; only a few have been charged. Some have been identified by online detectives. Others have been denounced by their colleagues or have surrendered.
They come from some of the largest cities in the country – three officers from Los Angeles and a deputy sheriff, for example – as well as state agencies and a Pennsylvania Police Department with nine officers. Among them are an Oklahoma sheriff and a New Hampshire police chief who admitted to being at the rally but denied entering the Capitol or breaking the law.
“If they weren’t on duty, it’s totally free speech,” said Will Aitchison, a lawyer from Portland, Oregon, who represents law enforcement officers. “People have the right to express their political views, no matter who stands beside them. You don’t feel guilty by association.
But Ayesha Bell Hardaway, a professor at Case Western Reserve University’s law school, said the presence of an officer at the rally creates a credibility problem as law enforcement struggles to rebuild trust community, especially after protests last summer against police brutality unleashed by police killings. George Floyd and Breonna Taylor.
Communities will question the integrity of the officers who attended the rally as well as “those who proudly profess racist and divisive views,” she said. “This begs the question of whether these officers are interested in engaging in policing in a way that builds trust and legitimacy in all communities, including communities of color.
In Rocky Mount, a Virginia town of about 1,000 people, Sgt. Thomas Robertson and Constable Jacob Fracker have been suspended without pay and face criminal charges after posting a photo of themselves inside the Capitol during the riot. According to court records, Robertson wrote on social media that “the left is just mad because we attacked the government which is the problem … The right IN ONE DAY took the f (asterisk) (asterisk) (asterisk) ( asterisk) US Capitol. Keep pushing us.
Attempts to contact the couple have failed and court records do not list the lawyers. Rocky Mount executives declined to be interviewed. In a statement, they said the events at Capitol Hill were tragic.
“We stand behind and add our support to those who spoke out against the violence and illegal activities that took place that day,” said Police Chief Ken Criner, Captain Mark Lovern and City Manager James Ervin. “Our city and our police department absolutely do not tolerate any illegal or unethical behavior by anyone, including our officers and staff.”
Across the country, five Seattle officers are under investigation by the city’s Police Accountability Office. Two officers posted photos of themselves on social media while in the district and officials are investigating to determine where they were and what they were doing. Three others told supervisors they traveled to Washington for the events and were under investigation for what they did while there.
Seattle Police Chief Adrian Diaz said his department supported officers’ freedom of speech and those in the nation’s capital would be fired if “they were directly involved in the insurgency on Capitol Hill. American”.
But police leaders need to assess more than just plain criminal behavior, according to Chuck Wexler, executive director of the Police Executive Research Forum, a police research and policy group. They must also consider how their actions affect the credibility of a ministry, he said.
Officers’ First Amendment rights “do not extend to expressing words that may be violent or perhaps express prejudice,” Wexler said, “because that’s going to reflect what they are doing when they do. work, when they testify in court. . “
Throughout the summer and fall, Seattle police – as well as officers elsewhere – have come under fire for their handling of mass protests against police brutality following the death of George Floyd. The city has received more than 19,000 complaints against officers, most of them for excessive use of force and improper use of pepper spray.
Andrew Myerberg, director of the Seattle Office of Police Accountability, said none of the police officers currently under investigation were involved in the cases.
But Sakara Remmu, co-founder of Black Lives Matter Seattle / King County, said the officers should still be fired. Their public statements of solidarity with Trump not only foster community mistrust, but terror across the department, she said.
“It absolutely matters when the decorum of racial peace cracks and racial hatred manifests, because we already have a documented history and heritage of what that means in this country,” Remmu said.
In Houston, the police chief decried a resigning officer and was subsequently charged in the riot. A lawyer for Officer Tam Pham said the force’s 18-year veteran “very much regretted” being present at the rally and was “deeply remorseful”.
But many chiefs said their officers had committed no crime.
“The Arkansas State Police respect the rights and freedom of an employee to use their time off as they see fit,” Department spokesman Bill Sadler said of two officers who have attended Trump’s rally.
Malik Aziz, the former president and executive director of the National Black Police Association, compared the sentencing of all officers who were in Washington to the tar of all the protesters who took to the streets after the murder of George Floyd with the violent and destructive acts of some.
Dallas Police Department major Aziz said police acting in private have the same rights as other Americans, but knowingly going to a bigoted event should be disqualifying for an officer.
“There is no place in law enforcement for this individual,” Aziz said.
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