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6 Revelations from the Michael Brown Grand Jury Documents

Mother Jones

After Monday’s announcement that a grand jury would not indict Officer Darren Wilson in the killing of Michael Brown, St. Louis County prosecutor Robert McCulloch released the hundreds of pages of evidence that the grand jury considered. Following are six excerpts from the documents:

When grabbing Brown, Wilson says he felt like a 5-year-old holding onto Hulk Hogan:

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Wilson says Brown charged at him with the look of a demon:

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Wilson’s emergency room medical report showed no sign of distress:

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Though much has been made of Brown’s size, Wilson was not much smaller:

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A witness’ journal entry recorded racist sentiment:

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The St. Louis County medical examiner didn’t take photos of the scene because his camera batteries died:

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6 Revelations from the Michael Brown Grand Jury Documents

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Ferguson Cop Darren Wilson Is Just the Latest to Go Unprosecuted for a Fatal Shooting

Mother Jones

After weeks of rising tension in Ferguson and the broader St. Louis region, the St. Louis County grand jury reviewing the death of Michael Brown has decided not to indict Ferguson police officer Darren Wilson, who shot and killed Brown on August 9. Reported leaks during the grand jury proceedings suggested there would be no indictment—and that outcome fits a long-standing pattern. Few police officers who shoot and kill citizens in St. Louis have been investigated by a grand jury, let alone charged by one, according to data from city and county prosecutors.

More MoJo coverage of the Michael Brown police shooting


10 Hours in Ferguson: A Visual Timeline of Michael Brown’s Death and Its Aftermath


Michael Brown’s Mom Laid Flowers Where He Was Shot—and Police Crushed Them


Exactly How Often Do Police Shoot Unarmed Black Men?


The Ferguson Shooting and the Science of Race and Guns


How Many Ways Can the City of Ferguson Slap You With Court Fees? We Counted


Here’s Why the Feds Are Investigating Ferguson

Between 2004 and 2014, there have been 14 fatal officer-involved shootings committed by St. Louis County PD officers alone, according to police data collected by David Klinger, a criminologist at the University of Missouri-St. Louis. That does not include fatal shootings by Ferguson police or by officers from various other law enforcement agencies within the county. Many officer-involved fatalities likely were not subject to grand jury investigations because they were deemed justified by police internal affairs or the local prosecutor’s office, Klinger says. Since 2000, only four cases in all of St. Louis County, including Wilson’s, have been investigated by a grand jury, according to a spokesperson for St. Louis County prosecutor Robert McCulloch’s office. McCulloch’s office declined to provide details to Mother Jones on the three other cases, which it says are closed.

In September, Heather Cole of Missouri Lawyers Weekly used news reports to identify five grand jury investigations of officer-involved fatalities prior to Wilson’s that took place during McCulloch’s tenure, which began in 1991. As with Wilson’s case, none led to an indictment:

Missouri Lawyers Weekly

McCulloch’s record and family ties to the police force sparked controversy in the wake of Brown’s death.

Statistics from the City of St. Louis paint a similar picture: A total of 39 people were fatally shot by police officers between 2003 and 2012; according to the St. Louis Circuit Attorney’s office, only one police officer has been indicted in such a case since 2000, and that officer was acquitted.

Roger Goldman, an expert on criminal procedure and constitutional law at the Saint Louis University School of Law, says that a long-standing Missouri statute gives police officers wide latitude to shoot to kill. The law states they are justified in doing so if they “reasonably believe” their target “has committed or attempted to commit a felony” and deadly force is “immediately necessary to effect the arrest.” According to Goldman, the existence of this law—despite a 1985 Supreme Court ruling suggesting it may be unconstitutional—is one reason why “it’s particularly difficult to get grand juries to indict or prosecutors to even take the case to the grand jury in the first place.”

But with a case like Wilson’s, weeks of high-profile public protests likely pressured the prosecutor’s office to present a case to a grand jury, says Delores Jones-Brown, a law professor at the John Jay College of Criminal Justice. “This way the prosecutor cannot be accused of having made a unilateral biased decision.” Still, the prosecutor has a lot of sway in how a case is presented to the grand jury, she noted.

Prior to the decision in Wilson’s case, McCulloch said he would seek to release transcripts and audio from the grand jury investigation if it resulted in no indictment for Wilson. But it remains unclear whether a circuit court judge will approve that request for transparency.

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Ferguson Cop Darren Wilson Is Just the Latest to Go Unprosecuted for a Fatal Shooting

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Here’s What’s Been Happening in Ferguson as Tensions Rise Again

Mother Jones

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On August 9, 18-year-old Michael Brown was shot and killed by Ferguson police officer Darren Wilson. Brown, an African American, was unarmed. The killing sparked a wave of protests, some of them violent, and calls to formally charge Wilson. With a grand jury decision on the shooting investigation expected imminently, residents and law enforcement agencies in Ferguson and across St. Louis are bracing for a new round of protests and possible violence.

More MoJo coverage of the Michael Brown police shooting


10 Hours in Ferguson: A Visual Timeline of Michael Brown’s Death and Its Aftermath


Michael Brown’s Mom Laid Flowers Where He Was Shotâ&#128;&#148;and Police Crushed Them


Exactly How Often Do Police Shoot Unarmed Black Men?


The Ferguson Shooting and the Science of Race and Guns


How Many Ways Can the City of Ferguson Slap You With Court Fees? We Counted


Here’s Why the Feds Are Investigating Ferguson


Meet the St. Louis Alderman Who’s Keeping an Eye on Ferguson’s Cops

Here are some of the latest developments:

Michael Brown’s parents testify before U.N. committee
Michael Brown Sr. and Lesley McSpadden flew to Geneva this week where they spoke before the United Nations Committee Against Torture to present a report suggesting police tactics in Ferguson were a key factor in Brown’s death.

“Whatever the grand jury decides in Missouri will not bring Michael back,” Brown’s father told members of the U.N. “We also understand that what you decide here may save lives. If I could have stood between the officer, his gun, and my son, I would have.”

The Ferguson Police Department is currently under federal investigation to review its police tactics and determine if they meet federal standards.

Police get additional training
Missouri Gov. Jay Nixon said that 1,000 officers from multiple agencies went through 5,000 hours of additional training in preparation for possible reactions to the upcoming grand jury announcement. According to Officer Brian Schellman, a spokesman for the St. Louis County Police Department, “Our training consisted of tactics and response to civil disturbance, as well as a review of the 1st, 4th, and 14th amendments.” To help ensure the rights of protesters and the media, Schellman told Mother Jones, “each officer will carry a laminated card with these amendments listed.”

Police stock up on riot gear
Should protests turn violent again, the St. Louis County PD has been stocking up on riot gear. “If the police face assaults that could cause injury or worse, they will have riot gear at their disposal,” Schellman said, adding that law enforcement efforts will be run by “a unified command that consists of commanders from the St. Louis County Police, St. Louis City Police, and MO State Highway Patrol.”

Police tactics used in August were widely condemned for being overly aggressive and callous toward the local community.

Uptick in gun sales

Ahead of the grand jury announcement, guns shops in the Ferguson area have reported an increase in purchases by both black and white residents.

Brown autopsy report leaked
The autopsy, which was leaked to the St. Louis Post-Dispatch, revealed Brown had been shot in the hand at close range with Wilson, putting into question whether Brown had had his hands up in the air, as some witnesses claimed. The St. Louis medical examiner, however, cautioned about jumping to conclusions over the leaked report. “As you look at this report, people are grabbing onto one thing, trying to make a whole case on this one finding,” Graham told PBS. “You can’t do that.”

Supporters rally for Wilson
Soon after Brown’s death, supporters emerged in defense of the embattled Ferguson police officer, whose whereabouts since the killing have been unknown to the public. In one instance during a rally for Brown, police were forced to remove one Wilson supporter holding a sign that read, “Justice is for everybody even P.O. Wilson.”

Weeks later at a Cardinals game, Ferguson protesters got into an argument with Wilson supporters, one of whom had a sign “I am Darren Wilson” attached to his jersey.

Lesley McSpadden investigated
Ferguson police are investigating claims of a reported fight between members of Brown’s family over the selling of “Justice for Michael Brown” t-shirts. Pearlie Gordon, Brown’s paternal grandmother, told police she was in a parking lot trying to sell the items, when McSpadden and a group of about 20 people “jumped out of their vehicles and rushed them,” allegedly telling Gordon “You can’t sell this s**t.” Gordon says she and the other vendors were beaten.

Reports of media access blocked
The Associated Press uncovered audio recordings suggesting efforts by Ferguson authorities to limit media coverage by calling for “no-fly zones” to block news helicopters from documenting the protests in August. Ferguson police denied the allegations. Attorney General Eric Holder said he had no knowledge of the purported media restrictions and indicated his support for transparency. “Anything that would artificially inhibit the ability of news gatherers to do what they do I think is something that needs to be avoided,” he said.

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Here’s What’s Been Happening in Ferguson as Tensions Rise Again

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Stop Everything And Let This 11-Year-Old Boy Give You Hope For the Future

Mother Jones

Last month, in the midst of nightly protests over the killing of unarmed Michael Brown in Ferguson, an 11-year-old boy named Marquis Govan approached the podium at a meeting of the St. Louis County Council, pulled the mic down to his height, and calmly delivered an incredibly well-informed, thoughtful, and stirring set of remarks.

“The people of Ferguson, I believe, don’t need tear gas thrown at them,” he said. “I believe they need jobs. I believe the people of Ferguson, they don’t need to be hit with batons. What they need is people to be investing in their businesses.” He wasn’t reading from notes, and the clearly stunned adults in the room gave him a round of applause when he finished.

If all this sounds surprising from a sixth-grader, Govan, a politics junkie who lives with his great-grandmother in St. Louis, drops more adult-sized portions of knowledge in this interview with CBS Sunday Morning. Don’t miss it.

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Stop Everything And Let This 11-Year-Old Boy Give You Hope For the Future

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How Many Ways Can The City Of Ferguson Slap You With Court Fees? We Counted.

Mother Jones

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Over 100 people showed up on Tuesday night at the first Ferguson City Council meeting since Michael Brown’s killing, and unreasonable court fees were a major complaint. Ferguson officials proposed scaling back the myriad ways small-time offenders can end up paying big bucks—or worse. Community activists are optimistic about the proposed changes, but as it turns out, imposing punitive court fines on poor residents is a major source of income for a number of St. Louis County municipalities.

How bad is the current system? Say you’re a low-income Ferguson resident who’s been hit with a municipal fine for rolling through a stop sign, driving without insurance, or neglecting to subscribe to the city’s trash collection service. A look at the municipal codes in Ferguson and nearby towns reveals how these fines and fees can quickly stack up.

To start, you might show up on time for your court date, only to find that your hearing is already over. How is that possible? According to a Ferguson court employee who spoke with St. Louis-based legal aid watchdog ArchCity Defenders, the bench routinely starts hearing cases 30 minutes before the appointed time and even locks the doors as early as five minutes after the official hour, hitting defendants who arrive just slightly late with an additional charge of $120-130.

Or you may arrive to find yourself faced with an impossible choice: Skip your court date or leave your children unattended in the parking lot. Non-defendants, such as children, are permitted by law to accompany defendants in the courtroom, but a survey by the presiding judge of the St. Louis County Circuit Court found that 37 percent of local courts don’t allow it.

Coming to court has its own pitfalls, but not the ones many people fear. It’s a common misconception among Ferguson residents—especially those without attorneys—that if you show up without money to pay your fine, you’ll go to jail. In fact, you can’t be put behind bars for inability to pay a fine, but you can be sent to jail for failure to appear in court (and accrue a $125 fee). If you missed your court date, the court will likely issue a warrant for your arrest, which comes with a fee of its own:

At this point, you owe your initial fine, plus fines for failure to appear in court and the arrest warrant. Thomas Harvey, executive director of ArchCity Defenders, explains that if you’re arrested, your bail will likely equal the sum of these fines. Ferguson Municipal Court is only in session three days a month, so if you can’t meet bail, you might sit in jail for days until the next court session—which, you guessed it, will cost you.

Once you finally appear in court and receive your verdict, your IOU is likely to go up again.

Can’t pay all at once? No problem! Opt for a payment plan, and come to court once a month with an installment. But if you miss a date, expect another $125 “failure to appear” fine, plus another warrant for your arrest.

Court fines for minor infractions tend to snowball. For example, drivers accumulate points for speeding, rolling through stop signs, or driving without insurance. You can pay to wipe your record, which is pricey. If you can’t afford to, and rack up enough points, your license will be suspended and your insurance costs will probably jump. Need to get to work? If you’re caught driving with a suspended license, your court fines increase, you gain more points, and your suspension is lengthened. That’s how rolling through a stop sign could end up costing you your job, messing up your degree plans, and more.

In a county like St. Louis, which consists of 81 different municipal court systems, it’s easy to end up with fines and outstanding warrants in multiple towns. Harvey has seen his clients bounce from jail to jail, and says there’s even a local name for this: the “muni-shuffle.”

“Every handful of months, there’s some awful thing that happens as a result of someone being arrested on multiple warrants,” says Harvey. Last year, a 24-year-old man in Jennings, another city in St. Louis County, hung himself after he couldn’t get out of jail for outstanding traffic warrants. “They can’t get out, and they know they’re not going to get out,” says Harvey. In Ferguson, he explains, residents are caught in cycles of debt that stem from three main infractions: driving without insurance, driving with a suspended license, and driving without registration.

So what happens to all that cash? In Ferguson, as in thousands of municipalities across the country, it goes toward paying city officials, funding city services, and otherwise keeping the wheels of local government turning. In fact, fines and court fees are the city’s second-largest revenue source. Last year, Ferguson issued 3 warrants for every household—25,000 warrants in a city of 21,000 people.

“Ferguson isn’t an outlier,” says Alexes Harris, sociology professor at University of Washington and author of the upcoming book Pound of Flesh: Monetary Sanctions as Permanent Punishment for Poor Peopleâ&#128;&#139;. Similar measures play out in jurisdictions across the country. “All you have to do is show up in court and watch what happens.”

The good news is that this week, under pressure from local activists, the Ferguson City Council announced plans to eliminate some of the most punitive fees, including the $125 failure to appear fee and the $50 fee to cancel a warrant. Of course, nothing is set to change elsewhere in St. Louis County. But eliminating some of the most egregious fees in one town, says Harvey, is “huge progress.”

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How Many Ways Can The City Of Ferguson Slap You With Court Fees? We Counted.

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How Understanding Randomness Will Give You Mind-Reading Powers

Mother Jones

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In the 1930s, a Duke University botanist named Joseph Banks Rhine was gaining notoriety for focusing a scientific lens on the concept of extrasensory perception, or ESP. His initial research, which he claimed demonstrated the existence of ESP, consisted of case studies of exceptional individuals who seemed to be able to predict which cards a research associate was holding—even when sitting 250 yards away and separated by physical barriers like a wall—with greater accuracy than simple guessing would yield.

But case studies can only take you so far.

One night, Rhine met with Eugene Francis McDonald Jr., the CEO of the Zenith Radio Company. McDonald offered up his technology for what promised to be the largest and most impressive test of ESP yet: a nationwide experiment showing that telepathy is real.

“The idea was that they would have a bunch of people in a radio studio, and they would try to transmit their thoughts to the nationwide radio audience,” explains science writer William Poundstone, author of the book Rock Breaks Scissors, on this week’s Inquiring Minds podcast. “And then people at home could write down what they think they received and send that in, and scientists would look at it and decide if they had shown ESP or not.” The hope, says Poundstone, was that the participation of millions of radio listeners would produce results that were supposedly “much more statistically valid” than earlier ESP studies.

The first few broadcasts were a dramatic success. Most listeners were correct in their guesses of what the “senders” in a radio station in Chicago were thinking. On one episode, writes Poundstone, the thought-senders attempted to use their brains to transmit a series of five Xs and Os—OXXOX—and a majority of the audience members sent in the right answers. “So this seemed very impressive, and the head of Zenith put out big press releases saying that, you know, there’s no way this could be a coincidence,” says Poundstone.

But while it wasn’t a coincidence, a young psychologist named Louis D. Goodfellow figured out that the experiment wasn’t really measuring telepathy. Rather, it was demonstrating something far more interesting about human nature: our inability to behave randomly. It turned out that Goodfellow, who had been hired by Zenith to work on the show, could predict listeners’ guesses even before they had a chance to make them. He started out with the hypothesis that there is no ESP. In that case, the radio audience had to come up with a random sequence themselves. “And he realized that it’s not so easy for a person to make up a random sequence.” says Poundstone. “When people try to do that they fall into certain unconscious patterns, and these patterns are really very similar for everyone.”

In his own laboratory experiments, Goodfellow found that his subjects preferred certain types of sequences when they’re trying to come up with random ones. When he asked people to make up the results of five imaginary coin tosses, for instance, “he found first of all that the most popular first toss was heads,” says Poundstone. How popular? Seventy-eight percent of the study participants selected “heads” as the first result in their supposedly “random” sequences.

What’s more, explains Poundstone, Goodfellow discovered that “people liked sequences that were very well shuffled.” Indeed, the most common sequence chosen by Zenith audiences was heads, heads, tails, heads, tails (or its equivalent in Os and Xs)—they picked it nearly 30 times more frequently than tails, tails, tails, tails, tails. “It’s not too surprising that the least common ones were just five heads in a row, or five tails in a row,” adds Poundstone. “People figured that just wasn’t random.”

So, mystery solved. When the Zenith program transmitted thoughts that matched sequences that were popular with its listeners, “it suddenly looked like the public had a great deal of ESP,” says Poundstone. “But when the sequences were not so popular, then suddenly the telepaths were off their game.”

More recently, psychologists Amos Tversky and Daniel Kahneman proposed the so-called Law of Small Numbers, a theory that accounts for human misunderstandings of randomness. Specifically, we wrongly expect small samples to behave like very large ones. So if you toss a coin five times, you assume that you’ll get some variation of a pattern that includes two or three heads and two or three tails. If your coin lands on tails five times in a row, you tend to believe that it can’t be a coincidence. But in fact, the odds of five tails in a row are 1 in 32—not especially common, but not terribly rare, either. “So we have all these sort of false positives where we figure there must be something wrong with that coin, or maybe the person’s got some magic hot-hand in tossing coins,” Poundstone says.

Understanding these pitfalls can actually help you predict, with accuracy above chance, what someone else is going to do, even when he or she is trying, purposefully, to act randomly. These predictions are at the core of Poundstone’s book, which offers a practical guide to outguessing and outwitting almost anybody—in activities ranging from Rock, Paper, Scissors (men tend to go with rock, so you can beat them with paper) to investing in stocks.

Naturally, the larger the dataset, the more accurately a person—or a computer—can predict behavior. With access to Big Data, large corporations like Target have developed analytics that can predict our behavior with remarkable accuracy, even when we think we’re making decisions in the moment. Siri, your iPhone’s talking app, learns about you and the behavior of all the other iPhone users and uses that information to predict what you’re going to ask her even as you are evaluating your own needs.

And sometimes, the Big Data machine is more observant than even the people closest to us. In his book, Poundstone cites the story of a Minnesota dad (first reported by the New York Times) who complained to a Target manager that his teenage daughter was being encouraged by the company to engage in unprotected sex. The store, he noted, had sent her a mailer littered with photos of cute babies, baby gear, and maternity clothing. As Poundstone writes, the manager apologized and promised that he’d suss out the source of the error. In doing so, he learned that Target analyzes purchases made online and in stores that are predictive of the behavior of an expectant mother. When he called the angry father once again to apologize, he realized just how powerful these algorithms can be. As it turns out, this time the customer was apologetic: Apparently Big Data noticed his daughter’s pregnancy well before he did.

Poundstone draws a direct line between Goodfellow’s debunking of ESP and modern efforts to predict consumer behavior. “It basically demonstrated that a lot of the little everyday decisions we make are incredibly predictable, provided you’ve got a little bit of data to work from,” he says. “And that’s become a very big business today, needless to say.”

But does this predictability apply to everyone? Poundstone knows of at least one person who defies the odds. Computer scientist Claude Shannon built the first computer to predict human behavior. And of all the people tested, he was also the only one who could beat the machine at its own game. When asked how he managed to do this, “he said that he had a very simple secret,” reveals Poundstone. “He essentially mentally emulated the code of the machine and did the algorithm in his head, so he knew what the machine was going to predict, and then he did the opposite.” But Shannon is a special case. “For almost everyone else, mere humans,” says Poundstone, “I think it is pretty easy to predict, at least a good deal of the time.”

Inquiring Minds is a podcast hosted by neuroscientist and musician Indre Viskontas and best-selling author Chris Mooney. To catch future shows right when they are released, subscribe to Inquiring Minds via iTunes or RSS. We are also available on Stitcher. You can follow the show on Twitter at @inquiringshow and like us on Facebook. Inquiring Minds was also recently singled out as one of the “Best of 2013” on iTunes—you can learn more here.

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How Understanding Randomness Will Give You Mind-Reading Powers

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Here’s Why the Feds Are Investigating Ferguson

Mother Jones

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Last Friday, the Department of Justice announced that FBI agents were working with attorneys from the Civil Rights Division and US Attorney’s Office to conduct what Attorney General Eric Holder promised would be a “thorough and complete investigation” into the death of Michael Brown in Ferguson, Missouri. Since then, more than 40 FBI agents have arrived in the St. Louis suburb to interview witnesses and canvas the neighborhood where Brown was shot by a police officer on August 9.

On Wednesday, the AG himself arrived in Ferguson for a series of meetings with federal investigators, local authorities, and community members. Writing in the St. Louis Post-Dispatch, Holder said, “At a time when so much may seem uncertain, the people of Ferguson can have confidence that the Justice Department intends to learn—in a fair and thorough manner—exactly what happened.”

What exactly happens when the feds step in to investigate a case like Michael Brown’s? A quick explainer:

What is the Justice Department investigating? According to Holder, the DOJ is specifically investigating “the shooting death of Michael Brown,” and “looking for violations of federal, criminal civil rights statutes.” The investigation is separate from local authorities’ investigation. Some have asked the DOJ to take a broader view: In a letter to Holder on August 11, Reps. John Conyers Jr. (D-Mich.), Marcia L. Fudge (D-Ohio), and William Lacy Clay (D-Mo.) asked the DOJ to consider expanding the scope of its investigation to include “the potential for any pattern or practice of police misconduct by the Ferguson Police Department.” Meanwhile, the US Commission on Civil Rights, a panel appointed by the president and members of Congress, has asked the DOJ to look into the disproportionately low representation of African Americans on Ferguson’s police force and city council. It remains to be seen if the DOJ will broaden its investigation beyond Brown’s death.

What could happen as a result of the DOJ investigation? The findings of the investigation could lead to a federal prosecution against Ferguson police officer Darren Wilson, who shot and killed Brown.

Who is conducting the investigation? So far, three branches of the DOJ are working together on the federal investigation. More than 40 FBI agents from the St. Louis field office are canvassing the area and interviewing witnesses. They’re working with the Civil Rights Division and the US Attorney’s Office, which would handle a potential prosecution. Within the Civil Rights Division, two sections may be involved: There’s the Criminal Section, which “prosecutes cases involving the violent interference with liberties and rights defined in the Constitution or federal law,” including excessive use of force by police officers; also, the Special Litigation Section conducts investigations into systematic violations of civil rights by state and local institutions, including police departments. However, DOJ spokesperson Dena Iverson did not clarify in an email to Mother Jones which section is involved in the Ferguson investigation.

What triggered the investigation? Generally, DOJ investigations into civil rights violations can begin in response to an official complaint filed with the Civil Rights Division, or in response to major events like those in Ferguson. The CRD has not said if there was an official complaint filed by citizens, or if the department decided to initiate the investigation on its own. “There’s no rule book” that the department follows to determine if a case warrants an investigation, explains Samuel Walker, a criminal-justice scholar at the University of Nebraska-Omaha. The Civil Rights Division doesn’t announce all of its investigative activities. The agency has not responded to a request for comment on what percentage of incoming complaints it decides to investigate, and why. But back in 2012, then-DOJ spokeswoman Xochitl Hinojosa told my colleague AJ Vicens that “the department investigates each jurisdiction based on the allegations received. There is no one-size-fits all approach to our investigations or our settlements.”

Where else besides Ferguson is the DOJ investigating civil rights violations? The Civil Rights Division’s Special Litigation Section is currently investigating systematic violations of civil rights by law enforcement in at least 34 other jurisdictions across 17 states plus the District of Columbia, Puerto Rico, and the Virgin Islands, according to a list on the DOJ website. But these cases are different from the investigation in Ferguson, which so far appears to be focused on Wilson’s shooting of Brown, which would fall under the CRD’s Criminal Section. According to its website, the Special Litigation Section can step in “if we find a pattern or practice by the law enforcement agency that systemically violates people’s rights. Harm to a single person, or isolated action, is usually not enough to show a pattern or practice that violates these laws.” The Criminal Section, meanwhile, lists 17 past investigations into criminal misconduct by law enforcement officials in 11 states.

The Justice Department’s Office for Civil Rights, which is separate from the Civil Rights Division, monitors discrimination in DOJ-funded state and local law enforcement institutions. In a May 2013 memo, OCR reported that over the previous four years, it handled 346 discrimination complaints, many of them alleging that federally funded law enforcement agencies “engaged in unlawful racial profiling in conducting traffic stops.”

Since when does the DOJ investigate civil rights violations? The Violent Crime Control and Law Enforcement Act of 1994 authorizes the Civil Rights Division’s Special Litigation Section “to review the practices of law enforcement agencies that may be violating people’s federal rights,” and oversees cases involving discrimination—prohibited under Title VI of the Civil Rights Act of 1964—in state or local agencies receiving federal funds. As a result of these special litigation cases dating back to 1997, the St. Louis Post-Dispatch reports that 21 police departments across the country have signed consent agreements with the DOJ to improve their procedures and policies, often the use of force and relationships with minority communities. Samuel Walker says that the number of these cases fell dramatically during the Bush administration, but picked back up under the Obama administration, which has doubled the size of the special litigations unit. While criminal civil rights prosecutions under the DOJ date back to 1939, the Criminal Section’s powers were limited until the Civil Rights Division was created in 1957 as part of the Civil Rights Act.

How else is the DOJ involved in Ferguson? Holder has announced that the DOJ’s COPS (Community-Oriented Policing Services) office and Office of Justice Programs are also assisting local authorities “in order to help conduct crowd control and maintain public safety without relying on unnecessarily extreme displays of force.” It’s unclear how this assistance has played out on the streets of Ferguson. Holder added that Justice Department officials from the Community Relations Service are also helping “convene law enforcement officials and civic and faith leaders to plot out steps to reduce tensions in the community.”

When will we see some results from the investigation? It may be a while before the feds publicly announce the initial findings of their investigation. As Holder wrote in Wednesday’s St. Louis Post-Dispatch, “Long after the events of Aug. 9 have receded from the headlines, the Justice Department will continue to stand with this community.” For now, there are many more questions than answers.

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Here’s Why the Feds Are Investigating Ferguson

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Voter Registration Drives in Ferguson Are "Disgusting," Says Missouri GOP Leader

Mother Jones

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Over the last couple days, voter registration booths have been popping up in Ferguson. There was one by the ruined site of the recently burned-down QuikTrip convenience store, which has become a central gathering site of the protests, and another near the site where Michael Brown was shot.

Voter turnout was just 12 percent in Ferguson’s last municipal election, and in a city that’s 60 percent black, virtually all city officials are white. In December, the black superintendent of the Ferguson-Florissant school district was fired by the then all-white school board, and the longtime St. Louis county executive, who is black, recently lost his seat to a white opponent in a race seen as “racially charged.” “Five thousand new voters will transform the city from top to bottom,” said Jesse Jackson Sr., who told the St. Louis Post-Dispatch on Monday that he was meeting with local clergy to organize a door-to-door voter registration drive.

But the prospect of more registered black voters has greatly perturbed the executive director of Missouri’s Republican Party, Matt Wills, who expressed outrage at the new registration booths to Breitbart News Monday:

“If that’s not fanning the political flames, I don’t know what is,” Wills said. “I think it’s not only disgusting but completely inappropriate…Injecting race into this conversation and into this tragedy, not only is not helpful, but it doesn’t help a continued conversation of justice and peace.”

While some on Twitter echoed Wills’ sentiments and painted the voter efforts as Democratic opportunism, other political leaders in Missouri distanced themselves from Wills’ comments. Republican state Sen. Ryan Silvey of Kansas City tweeted, “I have no problem w/ protesters, or anyone, getting registered to vote. How do we keep our gov’t accountable if not by ballot?” And he had more to say later:

In April, an editorial in the Kansas City Star denounced “cheap” tactics by the Missouri GOP to “make voting more difficult for certain citizens, who are most likely to be elderly, low-income, students or minorities. They’re not even subtle about it.” A proposed amendment to the state constitution would require photo ID at the polls, and a proposal to bring early voting to Missouri would disallow it on Sundays—a big day for black voters. The Star pointed out that the photo ID law would cost the state over $6 million next year, “a huge cost, especially because Republicans have been able to produce zero examples of voter identity fraud in Missouri.” In fact, as my colleague Kevin Drum has exhaustively reported, incidents of voter fraud anywhere in the country are microscopically few; the New York Times found just 86 cases from 2002 to 2006, for instance.

“Elected officials don’t have to care about black citizens as long as they don’t fear them at the ballot box,” Dorothy A. Brown, a professor of law at Emory University’s School of Law who’s written a book on race and the law, noted on CNN.com last week. If anything, the Missouri GOP may be on track to increase the number of voters determined to put that notion into practice.

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Voter Registration Drives in Ferguson Are "Disgusting," Says Missouri GOP Leader

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Here’s What We Saw on the Ferguson Livestreams Last Night

Mother Jones

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The situation in Ferguson continued to deteriorate Monday night. The curfew imposed by Gov. Jay Nixon was lifted Monday as he called in the National Guard to help police the area. We kept tabs on the livestreams coming from Moustafa Hussein at Argus Radio (embedded below) and Tim Pool at Vice News (rewatch the feed here). See below for more updates as events unfolded.

Updates:

1:06 a.m. CDT, Argus: Hussein and other media are gathered in the designated press area outside the protest area, waiting for updates. We’re signing off for the night, but check back in the morning for more updates.

12:45 a.m. CDT, Argus: Hussein and his colleague are turned away at another entry point to the protest area. There appears to be a lot of confusion over where journalists and protestors can and can’t go. As the Washington Post’s Wesley Lowery tweeted earlier:

12:15 a.m. CDT, Argus: “Something is happening in the neighborhood and they’re keeping media completely away from it,” Hussein says. “Every time we get to the street that officers told us to go to, we’re being told to go to another area.”

11:53 p.m. CDT, Vice: Vice’s Tim Pool trying to get into press area but can’t find his credential. Officer: “Credentials.” Pool: “I lost it when I was getting shot at.” Officer: “Well you’re not getting through.” (Officer rips off “PRESS” decal on Pool’s vest) “This doesn’t mean shit.”

11:52 p.m. CDT, Argus: Police officers appear to arrest several protesters. One officer tells the Argus reporter that all media needs to go up 2.5 miles back to the press area near the Target store, apologizing for the inconvenience. “We don’t get told much,” the officer says. Meanwhile:

11:45 p.m. CDT, Argus: Police repeatedly tell protesters: “Everyone on the Ferguson-Market parking lot needs to leave immediately or you will be subject to arrest, with the exception of credentialed media. Do it now. Or you will be subject to arrest.” Moments later, a line of police officers proceeds down the street, holding up their weapons:

11:41 p.m. CDT, Vice: Tim Pool, Vice News reporter, to officer: “Are there live shots?” Officer: “Yes. Bad guys shot. We didn’t shoot.”

11:30 p.m. CDT, Argus: Police ask media to shut off the lights on their cameras.

11 p.m. CDT, Vice: Police begin deploying smoke, tear gas, and flash bang grenades. Vice reporter Tim Pool, who is filming the feed, says he was hit in the leg by a rubber bullet.

10:40 CDT, Argus: Police rush in and grab two protesters, one a woman who can be heard saying she is trying to get home.

10:20 CDT, Argus: Protest leaders are able to calm an increasingly tense situation by moving media and protesters out of the street and onto the sidewalk after police give indications they might move on the crowd.

10pm CDT, Argus: Antonio French, a local alderman, can be seen trying to calm down several aggressive protesters, and keeping media from getting too close to police. The police have also deployed, on and off, a noise device to try and disperse the crowd. Read our interview with French here.

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Here’s What We Saw on the Ferguson Livestreams Last Night

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Watch President Obama Deliver Remarks About the Violence In Ferguson, Missouri

Mother Jones

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President Obama just delivered remarks on the deteriorating situation in Ferguson, Missouri, where Wednesday night St. Louis law enforcement officials fired tear gas on peaceful demonstrators protesting the killing of Michael Brown.

Here are his remarks, transcript courtesy of the Washington Post:

I want to address something that’s been in the news over the last couple of days, and that’s the last situation in Ferguson, Missouri. I know that many Americans have been deeply disturbed by the images we’ve seen in the heartland of our country as police have clashed with people protesting, today I’d like us all to take a step back and think about how we’re going to be moving forward.

This morning, I received a thorough update on the situation from Attorney General Eric Holder, who’s been following and been in communication with his team. I’ve already tasked the Department of Justice and the FBI to independently investigate the death of Michael Brown, along with local officials on the ground. The Department of Justice is also consulting with local authorities about ways that they can maintain public safety without restricting the right of peaceful protest and while avoiding unnecessary escalation. I made clear to the attorney general that we should do what is necessary to help determine exactly what happened and to see that justice is done.

I also just spoke with Governor Jay Nixon of Missouri. I expressed my concern over the violent turn that events have taken on the ground, and underscored that now’s the time for all of us to reflect on what’s happened and to find a way to come together going forward. He is going to be traveling to Ferguson. He is a good man and a fine governor, and I’m confident that working together, he’s going to be able to communicate his desire to make sure that justice is done and his desire to make sure that public safety is maintained in an appropriate way.

Of course, it’s important to remember how this started. We lost a young man, Michael Brown, in heartbreaking and tragic circumstances. He was 18 years old, and his family will never hold Michael in their arms again. And when something like this happens, the local authorities, including the police, have a responsibility to be open and transparent about how they are investigating that death and how they are protecting the people in their communities. There is never an excuse for violence against police or for those who would use this tragedy as a cover for vandalism or looting. There’s also no excuse for police to use excessive force against peaceful protests or to throw protesters in jail for lawfully exercising their First Amendment rights. And here in the United States of America, police should not be bullying or arresting journalists who are just trying to do their jobs and report to the American people on what they see on the ground.

Put simply, we all need to hold ourselves to a high standard, particularly those of us in positions of authority. I know that emotions are raw right now in Ferguson and there are certainly passionate differences about what has happened. There are going to be different accounts of how this tragedy occurred. There are going to be differences in terms of what needs to happen going forward. That’s part of our democracy. But let’s remember that we’re all part of one American family. We are united in common values, and that includes belief in equality under the law, basic respect for public order and the right to peaceful public protest, a reverence for the dignity of every single man, woman and child among us, and the need for accountability when it comes to our government.

So now is the time for healing. Now is the time for peace and calm on the streets of Ferguson. Now is the time for an open and transparent process to see that justice is done. And I’ve asked that the attorney general and the U.S. attorney on the scene continue to work with local officials to move that process forward. They will be reporting to me in the coming days about what’s being done to make sure that happens.

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Watch President Obama Deliver Remarks About the Violence In Ferguson, Missouri

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