The Anchormen Show with Matt Gaetz - June 09, 2020


Episode 21 - Breaking Down the Democrats' Police Reform Bill


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Length

19 minutes

Words per minute

171.82071

Word count

3,280

Sentence count

139

Harmful content

Hate speech

3

sentences flagged


Summary

Summaries generated with gmurro/bart-large-finetuned-filtered-spotify-podcast-summ .

In Minneapolis, the police department is to be defunded, not reformed, not changed, but dismantled, and a city council member was on CNN with Allison Camerata and had a remarkable exchange about it. Do you understand that the word "defund" or "police free" also makes some people nervous?

Transcript

Transcript generated with Whisper (turbo).
Hate speech classifications generated with facebook/roberta-hate-speech-dynabench-r4-target .
00:00:00.000 Welcome to Hot Takes. This is Congressman Matt Gaetz. Let's talk about the news. And
00:00:21.360 the news of the day is surrender in some of America's major cities. In the city of Minneapolis,
00:00:26.920 the police department is going to be not just defunded, not reformed, not changed,
00:00:32.860 but dismantled by their city council. And one of the city council members from Minneapolis was on
00:00:38.620 CNN with Allison Camerata and just a remarkable exchange. Take a listen. Do you understand that
00:00:45.680 the word dismantle or police free also makes some people nervous? For instance, what if in the middle
00:00:52.420 of the night, my home is broken into? Who do I call? Yes. I mean, I hear that loud and clear
00:00:58.320 from a lot of my neighbors. And I know, and myself too, and I know that that comes from a place of
00:01:03.520 privilege because for those of us for whom the system is working, I think we need to step back
00:01:09.420 and imagine what it would feel like to already live in that reality where calling the police may
00:01:15.360 mean more harm is done. Sometimes the call doesn't come from a place of privilege. It calls from a
00:01:21.160 place of fear, concern for your family. You know, I mean, when someone calls 911, because there's an
00:01:27.740 intruder in their home, and they're concerned for their children, they don't want a social worker to
00:01:31.920 show up. They don't want someone to show up who can counsel them through their white guilt. They want 0.60
00:01:37.140 someone who can neutralize a threat. That's what we have to have in society. And I am not expecting
00:01:43.860 this trend of dismantling the police to sweep our nation. But when you see that Mayor Garcetti is
00:01:50.580 taking action like this in the city of Los Angeles, when you see in Washington, D.C., Mariel Bowser
00:01:56.740 not stating with conviction and courage that defund police is not part of the Black Lives Matter
00:02:02.980 mantra that she has used the imprimatur of government to establish in Lafayette Square. It's a real slide.
00:02:10.020 It's something that we can't tolerate. And I sure hope that in the right and proper and
00:02:16.740 just thinking communities across this great country that we stand with those who are willing to stand
00:02:22.260 against the criminals. I joined Lou Dobbs to make very clear that I stood for order in our streets and
00:02:30.020 protection for our citizens against the angry mob. Here's my exchange with Lou Dobbs. As we look across the
00:02:35.940 country, we see a vision from the radical left that is downright terrifying. They want to lock us in our
00:02:41.860 homes, take our guns away, make the jobs that had us prosperous illegal, and then they want to
00:02:47.620 defund the police while a radical mob runs down the street lighting things on fire, throwing cinder blocks
00:02:53.700 and crashing our cars. I have no interest in that, America. I want an America where we support the police,
00:02:59.780 where we utilize every resource available to ensure that they're responsive to their communities. And
00:03:05.220 the overwhelming number of people who wear that uniform, whether it's in our law enforcement or in
00:03:10.740 our National Guard, they do it because they love America and they love Americans. And we need to stand
00:03:16.740 with them and against these riots that seem to be terrorizing people in the name of a politics that is
00:03:22.660 radical and leftist. This week, the House Judiciary Committee will meet to consider legislation
00:03:27.620 on the issue of police reform. Democrats unveiled that legislation yesterday. We're starting to get
00:03:34.020 into our review and research of it. And I thought I'd talk about some of the key elements where I think
00:03:39.300 there might be areas of agreement and where there may be some concern that the outcomes that my colleagues
00:03:45.300 desire for safer communities might not be fully achieved if you create a withdrawal from police
00:03:51.860 engagement in areas where that engagement is absolutely needed. But let's talk about the first
00:03:56.580 major element of the Democrat police reform legislation, and it's to ban the chokehold.
00:04:02.980 Now, I've not ever been in a chokehold. I can't imagine the experience would be all that pleasant.
00:04:08.820 But it does beg the question, if any police are in an environment with someone that they need to
00:04:14.580 neutralize who's not being compliant, what are the tools that you want at the police's disposal?
00:04:20.020 We certainly don't want them to start by using lethal force. So obviously,
00:04:24.260 you want to begin with your non-lethal options. And certainly, you don't want anything that's going
00:04:28.900 to create any lasting impact. You want a temporary neutralization of someone who is resisting the
00:04:35.380 verbal commands of police. So if the chokehold is not going to be one of the tools, you have to look
00:04:40.900 at what other options might be available. Now, some places use arm bars. That could potentially break an
00:04:47.460 arm. It also leaves someone with the ability to sort of move the other side of their body,
00:04:52.660 which could escalate a situation into the need for lethal force. So a lot of the research I've seen
00:04:59.620 on sort of the arm bar as an approach concludes with the analysis that it can actually escalate
00:05:06.340 violence. Because if you're not able to fully neutralize someone into a submissive state,
00:05:11.700 that then you maintain that level of conflict, where you could get a firearm involved,
00:05:16.660 or have some other death or injury that there would be a tragic outcome in an encounter that
00:05:21.860 wouldn't have to reach that level. So arm bar potentially bad. But I have to say, I did read
00:05:27.700 a very interesting piece in on a website called police one, and we'll throw it up on our social media
00:05:33.860 platforms. LVNR lateral vascular neck restraint. So the principle here is that if the chokehold constrains the
00:05:44.980 windpipe and the oxygen and the way that it maintains the compliance of the suspect
00:05:49.540 is to limit their ability to breathe, and then when one doesn't breathe, they obviously become
00:05:54.660 highly compliant to be able to get air in their lungs. But this says that if you instead constrain
00:06:01.060 the lateral blood vessels that are on the side of the neck, so think not right in front of the windpipe,
00:06:06.180 but sort of under the ears, moving down under the jaws, that you can limit the blood flow to the brain,
00:06:12.580 which can get someone similarly unable to resist, but that it doesn't limit their ability to get
00:06:18.980 oxygen into the lungs, which we all know we need to live. And I read about this in police one as an
00:06:24.820 option, someone's breaking it down. I also read about the experience using LVNR in Kansas City.
00:06:31.300 The Kansas City Star also has a piece again, these are like 2013-2014 that the literature is coming out,
00:06:37.940 and it talks about how in Kansas City, this has reduced the complaints for excessive use of force.
00:06:45.620 It has reduced the number of instances where force has resulted in corresponding litigation,
00:06:52.820 or other medical issues. And it seems to be a pretty positive experience there.
00:06:58.580 Now, it has not been an entirely positive experience. There has also been circumstances
00:07:03.940 where when you don't get that blood flow to the brain, you can have an elevated risk of stroke.
00:07:08.340 And there was actually a case where two officers were involved in training,
00:07:12.660 and that stroke risk came to fruition. And there was actually litigation over the officer training
00:07:18.420 on this restriction of the lateral blood vessels into the brain. So I think that we can really
00:07:24.260 depoliticize this. I mean, we can get the best minds in the room on what types of restraints
00:07:30.420 are effective and not creating an escalating situation where more violence would be necessary.
00:07:35.780 But at the same time, I think that we've got to ensure that we don't allow that lethal force to
00:07:41.620 become the next step in as many circumstances as possible. And so if there's a way to utilize
00:07:45.780 blood vessels as opposed to airflow, if there's a way to substantially reduce, manage that stroke risk,
00:07:52.740 we want to look at that too. But I think that this is a perfect place for Republicans and Democrats to
00:07:59.220 come together with law enforcement and figure out, is there a smarter, better way to keep people safe,
00:08:05.380 to keep law enforcement safe, and to keep all the tools on the table that law enforcement would need
00:08:10.580 in terms of obtaining the compliance to not escalate police violence.
00:08:15.220 Another issue being discussed by Democrats for potential legislation is a change in the legal
00:08:21.220 immunity status of police officers. Now, some of this gets into some complicated matters of law,
00:08:26.900 but I'm going to try to break it down. And you have to start by asking the question,
00:08:30.900 well, what is the current state of play if someone feels like they're abused by a police officer and
00:08:36.740 they want to utilize our courts to vindicate their constitutional rights? And the answer to that is
00:08:42.180 something called a Section 1983 claim. And there you have to allege that someone has deprived you
00:08:48.740 of a clearly established constitutional right under the color of state law. And if someone does that,
00:08:55.220 then you have the ability to sue them in their official capacity, obtain a judgment against them,
00:09:00.340 attain monetary relief, even obtain injunctive relief against that person, depending on the
00:09:06.500 circumstance. And so it makes you wonder, well, why is that that system not working now? Are there
00:09:13.620 elements of negligence or areas where we're not doing our job to keep law enforcement trained, where we
00:09:20.260 could shore up the law and make very clear that if someone is clearly violating the well-established
00:09:26.340 constitutional rights of someone, that they ought to be held to account in our justice system, that
00:09:31.140 in fact, a court is a far better way to redress your grievance than throwing a cinder block through,
00:09:38.020 you know, a Nike store and walking out with whatever goods you'd like as a form of faux political speech.
00:09:44.420 So here we use the court as a venue. We allow a Section 1983 claim. And there's one particular
00:09:50.660 case that I found interesting. It was Canton v. Harris. It's a Supreme Court case that lays out the
00:09:57.220 standard to bring a lawsuit for the failure to train someone. And if we can develop some clear standards
00:10:06.420 for training when it comes to chokeholds, when it comes to the use of lethal force, then, you know,
00:10:13.300 there might be a mechanism by which we look at the ways someone would vindicate their rights
00:10:18.500 to make a failure to train claim. And as I looked at the jurisprudence today, you have to prove that
00:10:24.100 the training was the lack of training, I should say, was deliberate interference in a constitutional right
00:10:31.140 and that there is some proximate cause between the failure to provide that training and the injury.
00:10:36.980 For example, if someone was killed because there was not good training on how to use a weapon,
00:10:43.460 you probably couldn't use the lack of training on a chokehold as the basis to bring that claim. So
00:10:49.460 ensuring that there's causation between the lack of the training and the injury seems important.
00:10:54.180 And so I think that under this current Section 1983 standard, under the jurisprudence that I
00:10:59.780 reviewed saying that even if there's a lack of training or awareness about correct standards,
00:11:04.340 that there's a way to bring an action, you know, I am at this moment unconvinced
00:11:09.060 that altering the immunities that law enforcement enjoys will give us a greater probability of
00:11:14.820 getting out the bad actors. There is the concept of a national registry of people and the incidents
00:11:22.500 involved in the claims that are made against them regarding police abuse. And I think there's a way
00:11:28.180 for state attorneys general to have a platform to be able to share information, to be able to find
00:11:33.780 bad apples. Look, I stand with the police. I stand against these riots. I think that there are so much
00:11:40.100 of the protest culture that is an over generalized indictment of our country and our law enforcement.
00:11:46.580 I think that when there's one bad apple in a department, that doesn't indict the whole organization
00:11:53.140 because of one bad person. I mean, heck, we have bad people in Congress. We find all the time. We
00:11:57.460 had one guy that was writing love letters to his staff. When we when we figured that out, you know,
00:12:02.020 he left the Congress. We did not disband the entire United States Congress because one guy did something
00:12:08.260 wrong. I mean, I had one colleague who propositioned to have a threesome with his secretary and a lobbyist.
00:12:14.340 And again, and then use taxpayer money to go and pay off their sexual, the sexual harassment claim
00:12:22.180 of the staffer. We didn't dissolve the Judiciary Committee because he happened to serve on the
00:12:26.500 Judiciary Committee. We found a way to reconcile an accountability for his precise actions. So I mean,
00:12:32.740 when one police officer does something in one case, I don't think that that imputes to every law
00:12:38.020 enforcement officer or every person in their department. But but I think it is important
00:12:44.020 to ensure that we have a way to root out the bad apples. And if there's a way with
00:12:49.380 some sharing of information and greater transparency about complaints while giving people due process,
00:12:55.780 I think that's important. I don't think you label people without due process. I think you could actually
00:13:01.220 build some good out of this and ensure that the good police officers that hate to see this conflict
00:13:07.140 in our communities have the tools to to clean up their own community. And I think they need to have
00:13:12.260 that opportunity. And I think that in a society that still very much deals with race as an element of
00:13:17.700 how we interact with each other and how we see ourselves and how we see the circumstances that we
00:13:23.620 find ourselves and others in, you know, having that ability to track instances to be able to utilize data
00:13:31.300 would seemingly be a very positive contribution that my Democrat colleagues could be making and they
00:13:36.100 could find themselves with a good deal of Republican support. The Democrats have included in their
00:13:42.500 legislation also a prohibition against no knock warrants. So if you're wondering what a no knock
00:13:48.740 warrant is, it's a circumstance where the government has gone before a judge and proven that if you give
00:13:55.620 the subject of the warrant notice that the warrant is going to be executed, that that could potentially
00:14:02.260 lead to the destruction of evidence, the moving of evidence that could lead to physical harm to other
00:14:08.500 witnesses, it could lead to harm to law enforcement. So in some cases, a judge has to have a higher
00:14:14.180 standard than a regular warrant, and they issue a no knock warrant. And there have been cases where these
00:14:20.100 no knock warrants have tragic, tragic outcomes where people who would not have otherwise lost their life
00:14:28.020 due as a consequence of that elevated attention and that that elevated anticipation regarding the entry
00:14:34.660 of a premises without warning. But it does beg the question, if you didn't have no knock warrants,
00:14:41.140 what would be the consequence? Would you put more law enforcement in danger? Would you put more
00:14:45.860 witnesses in danger? I mean, these things are used in like 20,000 cases each and every year. And I'm
00:14:53.060 concerned that if you make a fundamental change there, you really better know what you're doing.
00:14:58.580 And I would have to see a lot more evidence. Again, we only got this piece of legislation
00:15:02.500 yesterday, but I would have to see a lot more evidence that there would be a way to keep the
00:15:06.660 public, others around, innocent bystanders and law enforcement safe in instances where that type of
00:15:12.980 notice could create a far more dangerous environment for people. And if you get rid of no knock warrants,
00:15:20.420 and if you get rid of the qualified immunity that police enjoy, I think one of the logical
00:15:27.620 outcomes we can anticipate as a society is a pullback of police. And it's something that the
00:15:33.620 media and researchers have written a lot about called the Ferguson effect. So I want to talk about
00:15:39.140 the Ferguson effect. There's a great piece in USA Today in January of 2017 by Amur Madhami, and it
00:15:46.980 talks about three fourths of law enforcement being more reluctant after these high profile
00:15:54.900 encounters leading to protests with police and African American victims, three fourths of law
00:16:00.580 enforcement. And this was even before the Floyd case saying that they are more reluctant to engage.
00:16:06.580 And it cites a Pew Research study of over 8,000 law enforcement officers. And you even have people that
00:16:13.780 that the left has gravitated to voices like Rahm Emanuel saying, gosh, you know, we've got to have
00:16:19.460 an engaged, proactive police department. The study and the data quote, Jim Comey, who was the FBI
00:16:27.860 director of some fame and of some very negative consequences saying that that he had seen a pullback
00:16:34.660 in police following some of these cases. And so if you look at the Ferguson case, if you look at what
00:16:41.700 has happened in Baltimore, Washington, other places following some of these high profile
00:16:47.460 shootings of African Americans by law enforcement, you do see law enforcement less likely to have that
00:16:53.780 proactive approach Rahm Emanuel talked about, less likely to really go forward and ensure that
00:17:00.340 communities are safe from those who might be legitimately committing crimes out of fear that it could
00:17:05.140 create a high profile encounter. And, you know, the people who are hurt most by a law enforcement
00:17:11.060 pullback are not the folks in the whitest parts of white suburbia. It's folks in lower income
00:17:18.660 communities. It's folks in minority communities. It's folks in urban communities that suffer greatest 1.00
00:17:23.860 when there is a law enforcement pullback. And so I do not believe that is our destiny. I think that
00:17:29.380 if we come together and acknowledge that there are improvements we can make to policing, just like
00:17:34.660 there are improvements we can make to every profession, there's an acknowledgement of how
00:17:38.820 to treat people better in policing, just like we could do so in medicine or in the practice of law
00:17:44.820 or accounting or constituent service in the United States Congress, we can make it all better
00:17:49.860 by getting the best science, the best data. I think that's where we can have a nonpartisan exercise.
00:17:55.540 But if you start to see in the House Judiciary Committee and then beyond a continuation of this
00:18:00.900 defund the police, delegitimize, dismantle, surrender mentality, if we start to take the
00:18:07.220 view that there are some places where law enforcement should simply throw their hands up
00:18:11.940 and allow communities to deal with whatever savage element would harm the weak or the disabled or
00:18:18.740 the young or the old or those who are unable to defend themselves, well, I'm not for that. And I don't 1.00
00:18:23.380 think our country should be for that. And that will be a circumstance where Republicans stand on the
00:18:28.580 side of law abiding people who deserve to have the law enforced. And I think there are ways we can
00:18:34.340 enforce that law better, more fairly, more effectively. And that is something that should unite all Americans.
00:18:42.500 Thanks for listening. This has been Congressman Matt Gaetz. Be sure to leave us a five star review and a
00:18:47.860 comment or a suggestion or even a criticism. I love your hot takes and I hope you'll be back tomorrow for mine.