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Tuesday, November 5, 2024

Rep. Biasiucci: Phoenix mayor 'must reject the DOJ's coercive consent decree'

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Kate Gallego, Phoenix mayor, Rep. Leo Biasiucci (R-Ariz.) | City of Phoenix, X

Kate Gallego, Phoenix mayor, Rep. Leo Biasiucci (R-Ariz.) | City of Phoenix, X

Rep. Leo Biasiucci (R-Ariz.) recently joined forces with fellow Arizona House Republicans to pen a letter to Phoenix Mayor Kate Gallego, urging her to reject any potential consent decrees put forth by the Department of Justice (DOJ). This appeal comes in the wake of a two-year DOJ investigation into the Phoenix Police Department.

In his communication, Biasiucci emphasized, "To preserve Arizona's sovereignty consistent with our state constitution, you must reject the DOJ's coercive consent decree."

The origins of this issue trace back to 2021 when an investigation was launched concerning both the Phoenix Police Department and the City of Phoenix. The aim of this comprehensive probe was to "assess all types of use of force by PhxPD officers, including deadly force," according to a press release from the U.S. Department of Justice Office of Public Affairs. The investigation also sought to ascertain whether there were instances of retaliatory or discriminatory policing and unlawful seizure or disposal of belongings belonging to homeless individuals.

On Monday, lawmakers sent their letter to Mayor Gallego, voicing concerns about potential outcomes from the ongoing investigation. They expressed apprehension that the city might be subjected to a consent decree—a legal order that would transfer control of the police department over to the DOJ. According to an article from AZ Central, such a decree primarily aims at curbing or restricting use of force while fostering accountability within police departments and promoting long-term policy reform.

If Phoenix were indeed issued a consent decree, it would result in federal monitors overseeing local law enforcement and progress on reforms. However, if the city chooses not to accept such a decree, it could potentially trigger legal battles. In doing so, Phoenix would become the largest city in America ever to reject a consent decree, as per AZ Central.

The legislators wrote in their letter: "As you know, the DOJ has used consent decrees to remove local control from police departments in metropolitan cities across the United States." They further warned of the potential fallout from relinquishing local control to the federal government, citing disastrous consequences for public safety and taxpayers. They also pointed out that Arizona has already suffered from a DOJ consent decree over the Maricopa County Sheriffs Department, as warned by Maricopa County Sheriff Penzone and Maricopa County Attorney Mitchell. "Giving any consideration to a DOJ consent decree could very well lead to a massive exodus of police officers—at a time when the police force in Phoenix is already severely understaffed (approximately 500 officers short, according to recent reports)," they added.

Biasiucci, who secured re-election in 2023 with 56.3% of the votes, continues to represent District 30 while serving as the state House majority leader. A business administration and management graduate, he owns Mohave Traffic Survival School and is an actor affiliated with SAG-AFTRA, according to Ballotpedia.

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