April 2016

The Oregon DOJ Trains Agents on How to Break the Law

by Mat dos Santos, Legal Director

Mat dos Santos photoApril 13, 2016 - After about five months of waiting, the Oregon Department of Justice (“DOJ”) released its internal human resources investigation conducted by the special assistant attorney general looking into the surveillance of people on Twitter using #BlackLivesMatter. The report is damning. It paints an abysmal picture of rampant misinformation beginning with agents and analysts and running all the way up to the deputy attorney general, and shows how one mistake in judgment can lead to dangerous consequences for the public. 

If you’ve already read the report and exhibits, you know that the special assistant attorney general calls for changes in the DOJ's hiring to reflect a more diverse work force, as well as additional training on the laws DOJ agents broke when they collected information about the public’s political views. But you may have missed a critical piece of information that is buried near the very end of the over 150 pages of exhibits. DOJ’s very own training on this issue is fundamentally flawed. DOJ is teaching its agents how to break the law. 

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DOJ's Bubble of Bias

by David Rogers, Executive Director

public enemy logoApril 13, 2016 - The special assistant attorney general finally released the long awaited report on Oregon Department of Justice’s surveillance of people using the Black Lives Matter hashtag among others. The report and the 162 page appendix is disturbing and reveals a range of deeply troubling issues about the Criminal Justice Division of DOJ, so much so, that we decided we needed to tackle it in separate posts.

I want to take a moment to explore what we learned about the implications of law enforcement’s echo chamber of prejudice and shallow cultural knowledge.

You may have already seen the media delight in the fact that DOJ analysts mistook Public Enemy’s logo as a sign of an imminent threat to law enforcement. (Public Enemy was a hip hop group popular in the late 80s and 90s whose music infused commentary about the political and social experience of Black Americans. “Fear of a Black Planet” still stands as one of my top ten hip hop albums of all time.)

As the DOJ was illegally examining the Twitter feed of one their own employees snared in the DOJ’s electronic surveillance of people who used the Black Lives Matter hashtag in Salem, the agent saw the Public Enemy logo with words from one of their live albums: “Consider Yourselves Warned!!!” Apparently, this image stood out along with a range of other satirical, political cartoons, and images even though these images are easily found on social media sites belonging to hundreds of thousands of reasonably politicized People of Color. The next thing that happened was a threat assessment report was written and went all the way to the desk of Oregon’s attorney general. Wait! What?

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Internal DOJ Report Leaves Us with More Questions than Answers on the Surveillance of Black Lives Matter in Oregon

by David Rogers

David Rogers photoYesterday a report on the surveillance of Black Lives Matter in Oregon was released by the Oregon Department of Justice (DOJ). The report confirmed what we learned back in November: that an agent who works for the Criminal Division of DOJ was testing a surveillance program, called Digital Stakeout, by searching various key words, including #BlackLivesMatter. The agent then mistook posts from DOJ’s own director of civil rights, including a post of a Public Enemy logo and political cartoons, as a threat to law enforcement and wrote a memo that was passed all the way up the chain of command to Attorney General Ellen Rosenblum before it was, finally, rejected as dangerous, racial profiling. The attorney general hired an outside attorney to conduct an independent investigation of the matter to determine if policies or laws were violated.

After reading through the report and looking through the exhibits, we are left with more questions than answers. I honestly don’t know whether to laugh or to cry at the lack of awareness that was revealed of both the law and of what might constitute a threat. This is not only shameful, but also dangerous. Given the power that they wield, I am dismayed at the state of the Criminal Justice Division and afraid for the Oregonians that are supposed to be protected by them. Self-reinforced bias, against protesters, black people, and who knows who else, has left the agency ill-equipped to do their job.

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On Marijuana, the Work Continues

By Ethan Nadelmann and David Rogers
This article originally appeared in the Portland Tribune

Marijuana foilage

It’s been a busy two years for marijuana policy in Oregon. Not so long ago Oregon was arresting or citing 14,000 people per year for marijuana crimes; now the state is on the cusp of a safe, well-regulated market for adult-use marijuana. The evolution of the cannabis industry and its growing diversity of products is fascinating, and important to regulate as responsibly as possible, but Oregonians need to stay focused on reforming the costly and broken criminal justice system.

Oregon’s Measure 91 was rightly called “the new Gold Standard” of marijuana law reform bills even before voters approved it, with 56% of the vote, on Election Day 2014. What most appealed to voters, according to polling, were the criminal justice reform aspects of the initiative. Even though Oregon had led the nation in 1973 by decriminalizing possession of small amounts of marijuana, thousands of people were still being arrested each year for marijuana infractions. Oregonians clearly wanted to put a stop to that.

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