Minneapolis: the consent decree is dead

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In Minneapolis’ consent decree suicide I wrote of the consent decree that Biden’s Handler’s Administration, in the waning days of that corrupt administration, tried to impose on the Minneapolis Police Department (MPD). If enacted, it would have branded the MPD as systemically racist and made it all but impossible to do its job, particularly where minority criminals were concerned. It would have allowed the federal DOJ, through a monitor hired at some $750,000 per year, to daily micromanage the MPD. Such consent decrees are essentially eternal. Implementation and paperwork mandates would have cost Minneapolis far more than a mere $750,000 per year.

Graphic: Twitter Screenshot

Fortunately, the Trump/Bondi DOJ applied for stays of the implementation of the consent decree, which were granted by Senior United States District Judge Paul Magnuson, giving the Bondi DOJ time to prepare a dismissal, which was granted with prejudice—the consent decree can’t be refiled—by Judge Magnuson.

What’s unusual in these times of lawfare is Judge Magnuson appears to be a jurist who upholds the law and the Constitution while also recognizing common sense. That such a judge would have power over Minnesota, a state working hard to outstrip California in the “most communist state in the union” contest is remarkable. His entire decision may be found here.

A first-year law student should have been able, like Judge Magnuson, to understand there was no standing in this case, but Democrats don’t let little matters like that get in the way of desired socialist outcomes. Magnuson wrote:

When “both litigants desire precisely the same result . . . . There is, therefore, no case or controversy within the meaning of Art. III of the Constitution.” Moore v. Charlotte-Mecklenburg Bd. of Ed., 402 U.S. 47, 48 (1971). Thus, the Court doubts whether the parties have standing.

This is pure common sense and a clear-eyed understanding of Democrat blame shifting:

Graphic: Twitter Screenshot

Beyond whether this matter comports with Article III, the Court has grave misgivings about the proposed consent decree serving the public interest. To begin, the proposed consent decree is structured so that the legislature and City executives can blame the Court for any Minneapolis Police Department (“MPD”) shortcoming or failure in the City’s response to crime, avoiding accountability and responsibility for the City’s problems.

That’s important as the consent decree would have dramatically increased crime. Magnuson also exposed the Biden DOJ’s deception. It claimed the consent decree would increase transparency and increase trust in the MPD. That would be true for criminals who would have a free hand, but certainly not for law-abiding citizens of Minneapolis. He wrote:

It states that the United States has “reasonable cause to believe that the City and MPD engage in a pattern or practice of conduct that deprives people of rights protected by the United States Constitution and federal law.” (Consent Decree (Docket No. 2-1) ¶ 2.) Yet, the DOJ’s investigation report and the proposed consent decree do not include data reflecting the number or frequency of the City or MPD’s alleged violations of the law. Without that information, no court could evaluate whether the proposed consent decree sufficiently addresses the Complaint’s allegations.

The Biden DOJ essentially asked “who you gonna trust?  Us or your own lyin’ eyes and the facts? Magnuson wisely chose the latter. Magnuson’s common sense was also on display here:

Further, the proposed consent decree is superfluous because in July 2023, the City and MPD entered into a similar agreement with the Minnesota Department of Human Rights. Indeed, as the parties concede, the state agreement includes many plans discussed in the proposed consent decree and the City is already implementing others on its own initiative.

In my original article I noted the MPD has lost 40% of its officers since the 2020 George Floyd riots burned substantial portions of Minneapolis, damage largely unrepaired five years later. Like many blue cities that defunded their police departments it’s impossible for the MPD to recruit. Remaining officers can’t handle the call load, major felonies go uninvestigated, call response times are unconscionably long when officers can respond at all, and officers hoping to one day earn a pension without being prosecuted do as little as possible, particularly where minority criminals are involved. Magnuson addressed that reality:

Finally, in the Court’s view, the considerable sum of taxpayer money allocated for the proposed consent decree’s oversight and execution, including paying the monitor $750,000 per year, would better fund hiring police officers to bolster the City’s dwindling police force and promote public safety.

Minneapolis will surely implement, through its socialist/communist City Council, the restraints the consent decree would have imposed on the MPD, giving law-abiding Minneapolis residents perhaps a final reason to engage the services of U-Haul.

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Mike McDaniel is a USAF veteran, classically trained musician, Japanese and European fencer, life-long athlete, firearm instructor, retired police officer and high school and college English teacher. He is a published author and blogger. His home blog is Stately McDaniel Manor.