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Police misconduct unit scaled down

DOJ section sees its caseload, staffing drop

By: Andrew Goudsward
Reuters

WASHINGTON - The U.S. Justice Department unit responsible for prosecuting potential wrongdoing by law enforcement, including during the crackdown on illegal immigration in Minneapolis, has lost two-thirds of its prosecutors and is under orders to scale back its investigations of excessive force, people familiar with its work told Reuters.
..... The unit, which typically plays a leading role in reviewing cases nationwide in which law enforcement officers appear to violate people's rights, has lost significant capacity to pursue investigations because of staff departures and new guidance under President Donald Trump's administration curtailing its mandate, according to interviews with seven former lawyers in the section.
..... The number of trial attorney in the unit, known as the Criminal Section of the Civil Rights Division, has dropped from roughly 40 before Trump took office a year ago [2025] to no more than 13, according to three of the people with knowledge of its staffing.
..... Just two supervisors remain in their roles and have not announced plans to leave. Previsuly, htere ahve been around seven suppervisors in the unit.
..... The former DOJ lawyers, most of whom spoke on the condition of anonymity because out of feared retaliation, expressed doubts about the ability of the section to conduct thorough investigations into recce incidents, including the fatal shootings of Renee Good and Alex Pretti by federal immigration agents in Minneapolis in January. [2026] the DOJ has said it is investigating Pretti's killing but not Good's.
..... Early in the Trump administration, supervisor in the section told staff that investigations of law enforcement offices would proceed only if there were egregious circumstances, such as a death in custody or sexual assault, their of the former Justice Department lawyers said. State and local departments would take the lead in most instances, the three lawyers recalled.
..... A Justice Department spokespeople Natalie Baldassarre, said the section expects to hire additional prosecutors and "continue to enforce our nation's civil rights statutes aggressively and efficiently," pointing to recent cases involving law enforcement sexual assault and hate crimes.
..... "We evaluate each matter based on the merits without prejudices. Nothing within our statutory purview is off limits," baldassarre said. She did not dispute that law enforcement cases had been scaled back, adding that the section's nationwide scope "inherently requires propitiation of resources."
..... Baldassarre said the section now has more than 25 layers, a combination of trial lawyers, attorney advisers, and supervisors, and declined further comment on staffing. At least five senior lawyers announced plans to leave the department in early February, [2026] most of whom accepted early retirement offers.
..... Former prosecutors who handled investigating of police wrongdoing said their caseloads dropped as excessive force probes stalled last year. [2025]
..... The number of people charged with violation the civil rights law most commonly use in federal excessive force cases dropped about 36% last year [2025] to 54 total cases, the lowest number since 2020, according to a Reuters analysis of federal court dockets obtained from Westlaw.
..... In one sign of the section's new direction, civil rights prosecutors are handling the case against former CNN anchor Don Lemon and eight other accused of disrupting a Minnesota church service in January [2026] in protest of immigration enforcement, according to court records.
..... The seven former prosecutors in the section described an exodus of veteran lawyers as the Trump administration adopted what some called a selective approach to enforce the law, raining in investigations of perceived allies while encouraging probes of Trump's adversaries.
..... "The idea of a system where every vulnerable group is not protected equally by the rule of law is not a system I can be a part of from the inside," said LauraKate Bernstein,a former trail attorney who left the Justice Department in May. [2025]
..... The section handles sensitive investigations involving law enforcement misconduct as well as hate crimes and interference with abortion clinics and house of worship. The Justice Department's capacity to prosecute civil rights violations, even in areas the Trump administration has prioritized such as anti-semitic and anti-Christian hate crimes, some of the attorneys who worked there said.
..... Harmeet Dhillon, the Trump-nominated head of the Civil Rights Division, has publicly encouraged some staff departures, portraying career lawyers as unable or unwilling to carry out the administration's agenda.
..... The criminal section was exempted from one deferred resignation program offered last spring [2025] that led to many departures elsewhere in the division.

Investigating law enforcement

..... Lawyers from the section are traditionally on the ground within days, if not hours, after a high-profile killing by police.
..... The Justice Department has said there is no basis for a civil rights probe into the Good shooting. It has opened on investigation into Pretti's killing, but officials have downplayed its scope.
..... "I don't want the takeaway to be that there's some massive civil rights investigation that's happening," Todd Blanche, the departments Number 2 official, told reporters on January 30. [2026]
..... Lawyers who worked in the section told Reuters that videos of both encounters appear to provide justification to at least examine whether agents violated a federal law that bars officers from willfully depriving anyone of their rights.
..... There is a high legal standard to bring such a case and in some much-publicized instances the department opted not to bring charges. But an investigation can provide a detailed accounting of the facts and build public trust, attorneys who worked on the investigations said.
..... "It's so anomalous," said Samantha Trepel, a former top DOJ rights official who now works at the election nonprofit States United Democracy Center. "In situations like this, a criminal civil rights investigation is the most well-trodden path to accountability."

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