Judge Beaton: I’m not a potted plant

Two weeks before the inauguration of President Trump, the Biden Department of Justice filed its charge and proposed consent decree with the City of Minneapolis. The consent decree is to govern the behavior of the Minneapolis police in minute detail. The case is pending in federal district court here before Judge Paul Magnuson. As I write this morning, Judge Magnuson has yet to set a hearing on the motion to approve the consent decree. In the meantime, the local police union has moved to intervene as a party in the case.

The timing of the filing here was obviously intended to beat the incoming Trump administration. Whether or not Trump Department of Justice officials will pull the plug on the case if they get the opportunity remains to be seen. It is a Merrick Garland/Kristen Clarke special — the next best thing to defunding the police. I hope Trump Department of Justice officials are made aware of it and attend to it with the seriousness it deserves.

The City of Minneapolis case presents an extreme example of a similar matter filed in federal district court in Kentucky. That case is pending before Judge Benjamin Beaton. The parties seek his stamp of approval on a consent decree that is to govern the Louisville police. At a hearing on the motion for approval Judge Beaton posed questions he wanted the parties to answer before signing off on the consent decree. I don’t think he was impressed by what they had to say.

In an order dated January 18, Judge Beaton formally required the parties to answer the questions he has in mind. The order demonstrates his understanding of the seriousness of the matter. The order reminds me of the statement made by Brendan Sullivan in his representation of Oliver North in 1987 before Congress’s Iran-Contra committee: “I’m not a potted plant.”

I thought (hoped) readers might find Judge Beaton’s order of interest. I have uploaded it to Scribd and posted it below.

ECF No. 54 Opinion by Scott Johnson on Scribd

Notice: All comments are subject to moderation. Our comments are intended to be a forum for civil discourse bearing on the subject under discussion. Commenters who stray beyond the bounds of civility or employ what we deem gratuitous vulgarity in a comment — including, but not limited to, “s***,” “f***,” “a*******,” or one of their many variants — will be banned without further notice in the sole discretion of the site moderator.

Responses