Published on: Monday, October 5, 2020

A national commission on policing launched earlier this year by the president and attorney general has violated federal law by seating only people in law enforcement and failing to include members with different perspectives such as civil rights activists, defense attorneys or mental health professionals, a federal judge ruled Thursday as he halted the group’s work (article available here). The ruling came in response to a lawsuit from the NAACP Legal Defense and Education Fund, which sought an injunction against the Presidential Commission on Law Enforcement and the Administration of Justice for violating laws on how federal advisory committees must work.

None of the 18 commissioners appointed to "study a broad range of issues regarding law enforcement and the criminal justice system," and then make recommendations to the president through the report, had any background in "criminal defense, civil rights, or community organization." The commission also did not file a charter, post public notice of its meetings or open them to the public, so even though it has already sent its draft report and recommendations to Barr for release later this month, the judge prohibited Barr from publishing a final report.

The Court ordered the Presidential Commission on Law Enforcement and the Administration of Justice to "not hold further meetings, sessions, or hearings, or conduct any official business" or "submit, accept, publish, employ, or rely upon any report or recommendations" until it has met the standards of the Federal Advisory Committee Act.  "Especially in 2020, when racial justice and civil rights issues involving law enforcement have erupted across the nation, one may legitimately question whether it is sound policy to have a group with little diversity of experience examine, behind closed doors, the sensitive issues facing law enforcement and the criminal justice system in America today," the Court wrote.