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Why is the Justice Department trying to defend the officers who killed Bijan Ghaisar? Why is the Justice Department trying to defend the officers who killed Bijan Ghaisar?
(about 5 hours later)
THE TRUTH about the death of Bijan Ghaisar, the young accountant shot to death by U.S. Park Police officers in 2017, has not become less true in the 26 months since he died. Ghaisar’s killing was unwarranted, unjustified and unjust. That fact remains unchanged despite the meandering two-year FBI investigation; despite the Justice Department’s gutless decision last year against prosecuting; and despite the legal mumbo-jumbo now emanating from federal officials. THE TRUTH about the death of Bijan Ghaisar, the young accountant shot to death by U.S. Park Police officers in 2017, has not become less true in the 26 months since he died. Ghaisar’s killing was unwarranted, unjustified and unjust. That fact remains unchanged despite the meandering two-year FBI investigation, despite the Justice Department’s gutless decision last year against prosecuting and despite the legal mumbo-jumbo now emanating from federal officials.
In the latest twist, the chief of the Justice Department’s Civil Rights Division has informed Virginia prosecutors that if they decide to pursue state charges against the officers who killed Ghaisar, they may be forced to do so without testimony from the FBI agents who investigated Ghaisar’s death. The reason, said Eric S. Dreiband, who leads the division, is that the Justice Department may actually defend the officers in a civil suit brought by Ghaisar’s parents. If it does, he wrote, the department would have a conflict of interest were it to assist a state prosecution through the FBI, its subsidiary agency.In the latest twist, the chief of the Justice Department’s Civil Rights Division has informed Virginia prosecutors that if they decide to pursue state charges against the officers who killed Ghaisar, they may be forced to do so without testimony from the FBI agents who investigated Ghaisar’s death. The reason, said Eric S. Dreiband, who leads the division, is that the Justice Department may actually defend the officers in a civil suit brought by Ghaisar’s parents. If it does, he wrote, the department would have a conflict of interest were it to assist a state prosecution through the FBI, its subsidiary agency.
In a letter to Fairfax’s top prosecutor, Mr. Dreiband also suggested the Justice Department might in any event try to block any state prosecution against the officers. Citing precedents, he wrote that states may not prosecute federal officers when the officers’ actions are “objectively reasonable.”In a letter to Fairfax’s top prosecutor, Mr. Dreiband also suggested the Justice Department might in any event try to block any state prosecution against the officers. Citing precedents, he wrote that states may not prosecute federal officers when the officers’ actions are “objectively reasonable.”
It’s useful that Mr. Dreiband cited that standard, because the officers’ conduct failed to meet it.It’s useful that Mr. Dreiband cited that standard, because the officers’ conduct failed to meet it.
As state and federal officials ponder the legal niceties, it’s worth bearing in mind the facts: Ghaisar was unarmed. He posed no threat to the officers or the public. The sequence culminating with his death began as a fender-bender in which Ghaisar’s car was struck from behind. Ghaisar left the scene of the accident and drove off twice after police pulled him over. But at the moment the officers opened fire, shooting 10 times and striking Ghaisar with four bullets in the head, he was edging his car at a snail’s pace away from them.As state and federal officials ponder the legal niceties, it’s worth bearing in mind the facts: Ghaisar was unarmed. He posed no threat to the officers or the public. The sequence culminating with his death began as a fender-bender in which Ghaisar’s car was struck from behind. Ghaisar left the scene of the accident and drove off twice after police pulled him over. But at the moment the officers opened fire, shooting 10 times and striking Ghaisar with four bullets in the head, he was edging his car at a snail’s pace away from them.
Translation: The officers’ decision to use lethal force was objectively unreasonable. So why would the Justice Department intervene to defend them against the Ghaisar family’s lawsuit?Translation: The officers’ decision to use lethal force was objectively unreasonable. So why would the Justice Department intervene to defend them against the Ghaisar family’s lawsuit?
The answer, perhaps, is that under President Trump, the department’s commitment to civil rights enforcement generally, and police accountability specifically, has shriveled to the point of irrelevance. When the department averts its gaze from the conduct of entire police departments, including Baltimore’s, it’s hardly a shock that it would come to the defense of Lucas Vinyard and Alejandro Amaya, the Park Police officers who killed Ghaisar.The answer, perhaps, is that under President Trump, the department’s commitment to civil rights enforcement generally, and police accountability specifically, has shriveled to the point of irrelevance. When the department averts its gaze from the conduct of entire police departments, including Baltimore’s, it’s hardly a shock that it would come to the defense of Lucas Vinyard and Alejandro Amaya, the Park Police officers who killed Ghaisar.
Yet it should be a shock, as the dash-cam video of the incident, recorded by a Fairfax County police cruiser that trailed the Park Police vehicle, makes clear. By shooting Ghaisar, who had no weapon, no criminal record and no intent to do harm, the police offended any notion of justice. It’s a disgrace the Justice Department is trying to obscure that plain truth. Yet it should be a shock, as the dash-cam video of the incident, recorded by a Fairfax County police cruiser that trailed the Park Police vehicle, makes clear. By shooting Ghaisar, who had no weapon, no criminal record and no intent to do harm, the police offended any notion of justice. It’s a disgrace that the Justice Department is trying to obscure that plain truth.
Read more:Read more:
The Post’s View: Why did Park Police officers kill Bijan Ghaisar?The Post’s View: Why did Park Police officers kill Bijan Ghaisar?
The Post’s View: We may finally get some justice for Bijan GhaisarThe Post’s View: We may finally get some justice for Bijan Ghaisar
The Post’s View: The latest disgraceful impediment to a resolution in the Bijan Ghaisar caseThe Post’s View: The latest disgraceful impediment to a resolution in the Bijan Ghaisar case
The Post’s View: The degradation of William Barr’s Justice Department is nearly completeThe Post’s View: The degradation of William Barr’s Justice Department is nearly complete
Radley Balko: The Trump administration gave up on federal oversight of police agencies — just as it was starting to workRadley Balko: The Trump administration gave up on federal oversight of police agencies — just as it was starting to work