4. FOSTERING DEMOCRATIC POLICING

0.    See, e.g., Wesley Lowery, Ferguson: Three Minutes That Changed America (2015); Jessica Lussenhop, “Ferguson: The Other Young Black Lives Laid to Rest in Michael Brown’s Cemetery,” BBC News, Aug. 7, 2015, www.bbc.com/news/magazine-33765871; John Eligon, “A Year After Ferguson, Housing Segregation Defies Tools to Erase It,” N.Y. Times, Aug. 8, 2015, www.nytimes.com/2015/08/09/us/a-year-after-ferguson-housing-segregation-defies-tools-to-erase-it.html; Jake Halpern, “The Cop,” New Yorker, Aug. 10 & 17, 2015, www.newyorker.com/magazine/2015/08/10/the-cop; Kelsey Proud, “Ferguson, One Year Later: What Others Are Reporting,” St. Louis Public Radio, Aug. 9, 2015, http://news.stlpublicradio.org/post/ferguson-one-year-later-what-others-are-reporting.

0.    “Michael Brown’s Shooting and Its Immediate Aftermath in Ferguson,” N.Y. Times, Aug. 25, 2014, www.nytimes.com/interactive/2014/08/12/us/13police-shooting-of-black-teenager-michael-brown.html.

0.    Jamelle Bouie, “The Militarization of the Police,” Slate, Aug. 13, 2014, www.slate.com/articles/news_and_politics/politics/2014/08/police_in_ferguson_military_weapons_threaten_protesters.html; see also Bradley Campbell and Nina Porzucki, “Why Are Police Using Military Gear in Ferguson and How Did They Get It?,” PRI, Aug. 14, 2014, www.pri.org/stories/2014-08-14/why-are-police-using-military-gear-ferguson-and-how-did-they-get-it; Jay Caspian Kang, “A Militarized Night in Ferguson,” New Yorker, Aug. 12, 2015, www.newyorker.com/news/news-desk/militarized-night-ferguson; Paul D. Shinkman, “Ferguson and the Militarization of Police,” U.S. News & World Rep., Aug. 14, 2014, www.usnews.com/news/articles/2014/08/14/ferguson-and-the-shocking-nature-of-us-police-militarization; Francesca Trianni, “Watch: Protesters Hit With Tear Gas and Rubber Bullets During Ferguson Unrest,” Time, Aug. 14, 2014, http://time.com/3111829/ferguson-tear-gas-rubber-bullets-protests/.

0.    Julie Bosman and Matt Apuzzo, “In Wake of Clashes, Calls to Demilitarize Police,” N.Y. Times, Aug. 14, 2014, www.nytimes.com/2014/08/15/us/ferguson-missouri-in-wake-of-clashes-calls-to-demilitarize-police.html (“chaos stricken corner of Eastern Europe”); Jake Grovum, “Can States Slow the Flow of Military Equipment to Police?,” Stateline, Mar. 24, 2015, www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2015/3/24/can-states-slow-the-flow-of-military-equipment-to-police (quoting Branden Peters); John Schwartz, Michael D. Shear, and Michael Paulson, “New Tack on Unrest Eases Tension in Missouri,” N.Y. Times, Aug. 14, 2014, www.nytimes.com/2014/08/15/us/ferguson-missouri-police-shooting.html (quoting Rand Paul). Those “voices in the wilderness” included the CATO Institute’s Radley Balko, author of Overkill: The Rise of Paramilitary Police Raids in America (2006); the ACLU with its damning report, War Comes Home: The Excessive Militarization of American Policing (2014), www.aclu.org/sites/default/files/assets/jus14-warcomeshome-report-web-rel1.pdf; the civil rights advocate Michelle Alexander in her important book The New Jim Crow: Mass Incarceration in the Age of Colorblindness (2012), 73–75; and a few members of Congress, such as Hank Johnson of Georgia; Hank Johnson and Michael Shank, Opinion, “Small Town America Shouldn’t Resemble War Zone,” USA Today, Mar. 10, 2014, www.usatoday.com/story/opinion/2014/03/10/america-police-military-weapons-column/5789445/.

0.    Benjamin Bell, “Missouri Gov. Jay Nixon ‘Thunderstruck’ by Images of Ferguson Police,” ABCNews, Aug. 17, 2014, http://abcnews.go.com/blogs/politics/2014/08/missouri-gov-jay-nixon-thunderstruck-by-images-of-ferguson-police/; Everett Rosenfeld, “Where Ferguson’s ‘Military’ Police Get Their Gear,” CNBC, Aug. 14, 2014, www.cnbc.com/2014/08/14/ferguson-missouri-protests-where-fergusons-military-cops-get-their-gear.html (MRAP/BearCat); David Nakamura and Wesley Lowery, “Obama Administration Bans Some Military-Style Assault Gear from Local Police Departments,” Wash. Post, May 18, 2015, www.washingtonpost.com/news/post-politics/wp/2015/05/18/obama-to-visit-camden-n-j-to-tout-community-policing-reforms/ (quoting Wm. Lacy Clay); Burgess Everett, “Claire McCaskill: ‘We Need to Demilitarize,’” Politico, Aug. 14, 2014, www.politico.com/story/2014/08/ferguson-claire-mccaskill-demilitarize-110013; Bosman and Apuzzo, “In Wake of Clashes, Calls to Demilitarize Police,” supra note 4 (quoting Eric Holder); Zeke J. Miller, “Obama: ‘No Excuse’ for Ferguson Violence,” Time, Aug. 14, 2014, http://time.com/3111730/barack-obama-ferguson-michael-brown/.

0.    Bosman and Apuzzo, “In Wake of Clashes, Calls to Demilitarize Police,” supra note 4 (quoting Nick Gragnani). On the various transfers of funds and materiel from the federal government to domestic policing agencies, see Executive Office of the President, Review: Federal Support for Local Law Enforcement Equipment Acquisition (2014), 3, 7–19, www.whitehouse.gov/sites/default/files/docs/federal_support_for_local_law_enforcement_equipment_acquisition.pdf (2014) (hereinafter Review: Federal Support for Local Law Enforcement); ACLU, War Comes Home, supra note 4, at 17, 24; Balko, Overkill, supra note 4, at 7–8.

0.    Review: Federal Support for Local Law Enforcement, supra note 6, at 3, 7–9 (describing the “controlled equipment”); Jeff Schogol, “Can You Use the .50-Caliber on Human Targets?,” Stars and Stripes, Feb. 9, 2011, www.stripes.com/blogs/the-rumor-doctor/the-rumor-doctor-1.104348/can-you-use-the-50-caliber-on-human-targets-1.134278; Law Enforcement Equipment Working Group, Recommendations Pursuant to Executive Order 13688: Federal Support for Local Law Enforcement Equipment Acquisition (2015), 13, www.whitehouse.gov/sites/default/files/docs/le_equipment_wg_final_report_final.pdf (“[T]his type of firearm, which is typically used for military operations, is very destructive and capable of penetrating structures and lightly armored vehicles.”) (hereinafter Recommendations Pursuant to E.O. 13688); ACLU, War Comes Home, supra note 4, at 13 (“[A] .50 caliber machine gun … shoots bullets powerful enough to blast through the buildings on multiple city blocks.”) The President’s Working Group ultimately put bayonets on their “Prohibited Equipment List.” Recommendations Pursuant to E.O. 13688, supra, at 13.

0.    Grovum, supra note 4 (North Carolina, Tennessee, Florida); Molly Knefel, “Why Are Police Using Military-Grade Weapons in High Schools?,” Rolling Stone, Oct. 8, 2014, www.rollingstone.com/politics/news/why-are-police-using-military-grade-weapons-in-high-schools-20141008 (Texas, California); Niraj Chokshi, “School Police Across the Country Receive Excess Military Weapons and Gear,” Wash. Post, Sept. 16, 2014, www.washingtonpost.com/blogs/govbeat/wp/2014/09/16/school-police-across-the-country-receive-excess-military-weapons-and-gear/ (grenade launchers, Mississippi Hinds Community College, University of Central Florida).

0.    Review: Federal Support for Local Law Enforcement, supra note 6, at 3.

0.  Id. at 2, 4, 7.

0.  Id. at 7. (“Property obtained through the 1033 Program must be placed into use within one year of receipt…”).

0.  Troy Carter, “Obama’s Anti-Police Militarization Order Slightly Overlaps New Montana Law,” Bozeman Daily Chronicle, May 22, 2015, www.bozemandailychronicle.com/news/politics/obama-s-anti-police-militarization-order-slightly-overlaps-new-montana/article_32a01ca3-d822-5ee2-9fd7-d191ac66a492.html.