When Officers are Denied Due Process; What's Behind the Lawlessness; My Police Ride-A-Long
Good men and women are still holding the line
No sooner than I penned a piece questioning law enforcement’s preparedness in the wake of growing civil unrest, chaos emerged in Los Angeles and has since spread nationwide. It’s in anticipation of moments like these that I’ve been so focused on getting critical police bills across the finish line. We need a solid blue line, especially during these times of upheaval.
We’re in a race against time, fighting a fight fraught with well-organized monied interests.
If you’re like me, you’ve had your suspicions about the demonstrations that have been popping up in recent years. Something doesn’t quite add up, we’d ask ourselves.
Because when you genuinely care about the underprivileged, you work for their betterment, which begins with ensuring academic rigor. The last thing you’d want to do is work to eradicate their police protection or create mayhem in their neighborhoods. This premise applies to other issues, whether it’s policing, environmental stewardship, or immigration.
What I think caught many of us off-guard was not only the deeply-entrenched funding tied to this chaos (some of it funded with our own tax dollars), but the impetus for it. As valued police coalition member
so eloquently summarized in his recent article,“Behind the theatrics is a sobering truth: this isn’t a grassroots protest for immigrant rights—it’s a collision of radical agendas, foreign symbols, and taxpayer-funded NGOs attempting to fuel America’s unraveling civic fabric.” —Roland Clee, American Peace Officer
While this chaos reaches most of us, even if indirectly, some carry the brunt of it. As journalist Michael Shellenberger explains,
“In wealthy neighborhoods, the law is still enforced. In poor and working-class neighborhoods, it is not. If you torch a car in Beverly Hills, you’re arrested. If you do it in East LA while shouting political slogans, you’re “engaging in protest.” This two-tiered enforcement is not progressive. It is segregation by another name. It creates one set of expectations for the politically connected and another for the disposable. And in that framework, working people, especially immigrants, families, and hourly wage earners, are abandoned. They are the ones who walk their kids past open-air drug markets. They are the ones whose shops are looted and whose cars are stolen. They are the ones who call 911 and wait, and wait, and wait.”
It’s easy to embrace luxury beliefs when you’re insulated from chaos and when most of your frame of reference originates from the halls of academia. Not everyone is that fortunate.
It’s these very same luxury beliefs that contribute to the demise of our nation, and that especially impact the most vulnerable among us.
Brady-Giglio Lists: Depriving Police Officers of Their Due Process Rights
Police officers are stewards of the Constitution who wield a higher level of authority than the rest of us. This authority permits them to perform acts -like making arrests, searching private areas, and questioning suspects- that in the wrong hands, have the potential to violate constitutional rights.
For these reasons, we rightfully hold officers to a higher standard.
That said, police officers are still entitled to due process of law just like you and I are. This isn’t always the case, though.
We’ve seen this scenario play out with rogue prosecutors who’ve seemingly made it their mission to prosecute officers who must use justified force in split-second situations. (Henry Morris (
) valued police coalition member, made a must-watch video on this very topic.)Another form of discrimination against law enforcement you may be less familiar with occurs via Brady-Giglio lists.
Brady-Giglio lists surfaced from Supreme Court decisions (Brady v. Maryland and Giglio v. United States) requiring prosecutors to disclose evidence that can potentially exonerate a defendant. These decisions were made to ensure that they receive due process.
As such, district attorneys typically compile and maintain these lists, which contain the names of officers they have determined as not credible.
From the outset, this all seems reasonable enough. None of us want cops with credibility issues testifying in courts of law.
If it were only that simple.
The Issue with Brady-Giglio Lists
In their current form, these lists are often arbitrary, unregulated, and non-transparent. Because there are no set standards, a prosecutor can essentially place an officer on a list for perceived malfeasance or even a personal or political grudge.
To boot, officers usually can’t challenge these decisions, and aren’t even notified that they’ve been accused. This is a basic right granted to civilian defendants in courts of law, so why aren’t police officers entitled to the same protections?
As you can imagine, being placed on one of these lists -whether or not one is guilty of the accusation- can ruin reputations and careers.
Encouraging: State Bills Introduced to Protect Officer Due Process Rights
It’s why I’ve been encouraged to see the uptick in state legislative bills seeking to standardize these lists, which would better ensure due process rights for officers. This is a win not just for police officers, but for the justice system as a whole. This includes victims of heinous crimes who may be denied justice because an officer with specific information relating to the case was barred from testifying.
These states / bills include:
Utah HB0082, signed into law!
Mississippi HB 101, died in committee
Tennessee SB 1210, introduced / HB 1254, in committee
Minnesota HF 962, in committee
Although the legislative language varies by state, in general terms these bills do some important things:
Notify an officer, in writing, of placement on a list;
Prohibit law enforcement agencies from disciplining or firing an officer solely for placement on a list;
Some bills, like Minnesota HF 962, would mandate the creation of a task force to investigate and make recommendations relating to standardized Brady-Giglio, so that they protect an officer’s due process rights.
Call Your State Lawmakers!
If you live in a state that’s considering a bill designed to standardize or improve Brady-Giglio lists, please consider calling your lawmakers in support.
If your state isn’t listed here, please contact me and I will see if there’s any current or pending legislation.
There are Still Good Cops Holding the Line
I often sound the alarms about how staffing issues (resulting from an ideological war on police) has caused law enforcement agencies to lower their hiring standards. This increases the probability of recruiting cops who lack the skills or temperament for the rigors of policing.
Despite this, there are still good men and women holding the line.
One of these is Officer Dustin P., who I met years back at our neighborhood watch meetings that my husband, Steve, lead at the time. Yesterday I had the privilege of going on a ride-a-long with Dustin, who is a consummate professional and the epitome of a servant / leader. One of the Finest of the Finest.
It’s because of law enforcement officers like Dustin and those like him that I fight as hard as I do. Without them, we don’t stand a chance.
For the Blue is a solutions-based initiative. I’m just an American patriot asking questions. I don’t work with any political party and I answer to nobody. For me, the health of the nation, due process (including for police officers), the rule of law, and respect for individual liberties, will always transcend party affiliation. I welcome your thoughts, even if you disagree; though personal attacks will be ignored. You can reach me at fortheblue@substack.com.