The Justice Department’s ‘Grotesque’ Misconduct against New Orleans Cops

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Andrew C. McCarthy:

As we’ve previously observed, the Obama jihad to fundamentally transform America’s police, spearheaded by the Justice Department’s Civil Rights Division, proceeds from the premise that police departments are corrupt institutions, beset by a culture of racism and law-breaking. This week, after a federal appeals court’s exposé of a breathtaking prosecutorial conspiracy to deprive indicted cops of their civil rights, and then cover it up, it is again time to ask: Which is the corrupt institution beset by a culture of racism and law-breaking — the nation’s police, or the Justice Department, which presumes to tame them?

To remember how we got here: Under the stewardship of Eric Holder, and now Loretta Lynch, Justice pounces on every tragedy that Al Sharpton’s shock troops mau-mau into a racial crisis. Inevitably, the racism angle melts away under the spotlight of investigation, but that does not stop DOJ. Exploiting the intimidating power of its bottomless budget — out of which the Republican-controlled Congress has not sliced a thin dime — Justice extorts municipalities with the threat of prosecutions and costly civil suits until they say “Uncle,” agreeing to adopt Obama-compliant policing. (Recall that in 1997, when former terrorist Bill Ayers penned a polemic that likened the American justice system to South Africa under apartheid, then–state senator Obama blurbed it as “a searing and timely account.”)

Predictably, the result is police paralysis, a condition Heather Mac Donald diagnoses as the “Ferguson effect.” It has led to rising crime across the nation, particularly in municipalities that have signed consent decrees (i.e., that have surrendered on the Civil Rights Division’s terms). The principal victims are minority communities that bear the brunt of law enforcement’s retreat.*

Into this setting drops an explosive ruling by the U.S. Court of appeals for the Fifth Circuit. It has upheld the reversal of civil-rights convictions against five New Orleans police officers. The court’s painstaking opinion concludes that, despite the severity of the charges, the district judge properly threw out the convictions because of Justice Department corruption so shocking that “words like ‘incredible’ and ‘novel’ and ‘unprecedented’ were no longer enough” to describe it.

The case arose a decade ago, from what the court describes as “the anarchy following Hurricane Katrina.” After a report of shots being fired at New Orleans police on the Danziger Bridge, additional cops were rushed to the scene. In the chaos, police shot and killed two men who turned out to be unarmed (one, developmentally disabled). Four other civilians were wounded. All of the victims were black. Though four of the seven officers eventually charged are black or Hispanic (the other three are white), Sharpton’s “National Action Network” quickly labeled the incident “a racial tragedy.”

The Justice Department took over the case against the police after Louisiana state prosecutors botched it into a mistrial. In 2010, the U.S. Attorney’s Office in New Orleans (USAO) filed a 25-count indictment alleging serious civil-rights and firearms felonies. There were also obstruction-of-justice charges, to which several officers admitted in guilty pleas.

A tense, racially charged atmosphere enveloped the case, no small thanks to self-styled community activists who sought to condemn not just the defendants but the entire New Orleans Police Department (NOPD). This modus operandi has become all too familiar: When the facts of a case debunk the libel that racism motivated police action — either because some of the cops involved are black or because the evidence proves cops were responding to aggression rather than instigating it — the Left reverts to its theory that racism is institutionally endemic. Even unwitting minority cops act on racist assumptions, we are told, because police culture is to blame.

In New Orleans, this campaign played out in the media, including widely read blogs. It turned out that a prodigious agitator was Sal Perricone, a high-ranking prosecutor in the USAO. As the appellate court recounts, even before the Justice Department filed its indictment, Perricone, using assumed names, began posting commentary on Nola.com, the website of the Times-Picayune, that “castigated the defendants and their lawyers and repeatedly chastised the NOPD as a fish ‘rotten from the head down.’”

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The Obama Administration violates laws as an means to an end.

So, what else is new?