(NEW YORK) -- During the final weeks of the Biden administration, the Department of Justice announced consent decrees for police reform with the cities of Minneapolis and Louisville – court-enforceable agreements born out of probes launched after the 2020 police killings of Breonna Taylor and George Floyd.
But after officials in the Trump administration issued a memo last month ordering a temporary freeze on ongoing cases being litigated by the DOJ’s Civil Rights Division, the future of those agreements, which have yet to be approved in federal court, is now uncertain.
The memo, which was reviewed by ABC News, also directed Kathleen Wolfe, acting head of the DOJ Civil Rights division, to notify Trump DOJ leaders of any consent decrees the Biden administration reached with cities in the final 90 days leading up to the inauguration, signaling a potential review.
“[The Trump administration] wanted to look at any agreements that had been completed within the last 90 days of the inauguration, which obviously would include Minneapolis and Louisville,” Minneapolis Police Chief Brian O’Hara told ABC News. “The [Trump] DOJ could go to the court and say they're no longer interested in this.”
O’Hara, who previously was Public Safety Director for Newark, New Jersey, during the implementation of a federal consent decree, said that the Trump administration could intervene in the process because the agreements have not been finalized in federal court.
But O'Hara emphasized that since the agreements have already been filed, whether they are approved is not up to the White House, but “ultimately in the federal judge’s hands.”
The memo to freeze litigation came ahead of the confirmation hearing for Trump's nominee for attorney general, Pam Bondi, and his nominee to lead the DOJ's civil rights division, Harmeet Dhillon. Bondi was confirmed on Tuesday.
Asked about the timeline for the freeze on litigation and what actions the DOJ is planning to take regarding the Minneapolis and Louisville consent decrees, a spokesperson for the DOJ declined ABC News’ request for comment.
The consent decrees each lay out a roadmap for police reform to rectify civil rights violations that the DOJ uncovered and, if approved by a federal judge, the court will appoint an independent monitor to oversee the implementation of the reforms and actions outlined in the agreement.
“I don't think any city, any police chief wants to get a consent decree," O’Hara said. “You know, that's not a badge of honor in any way and something that ultimately costs the city millions and millions of dollars just to simply be monitored, let alone to do the work that is required to reform.”
But O’Hara added that consent decrees do provide police departments with additional resources needed to implement reforms. “I think the main benefit to police chiefs of these agreements is it requires cities to make certain investments, both in the officers’ health and welfare, as well as in training and supervision,” he said, “but without that court order, there is not necessarily an incentive for cities to prioritize some of those investments.”
City officials and police vow to forge ahead with reform
City officials and police in both Louisville and Minneapolis told ABC News that they are prepared to move forward with the agreed upon reforms with or without the oversight of the Trump administration.
Kevin Trager, a spokesman for Louisville Mayor Craig Greenberg, told ABC News that the city and police are committed to the reforms agreed upon in the consent decree, “regardless of what happens in federal court.”
“Louisville Metro Government and LMPD will move forward and honor our commitment to meaningful improvements and reforms,” Trager said.
Minneapolis Mayor Jacob Frey told ABC News that the city has “not heard directly” from the Trump administration regarding the consent decree, but the city plans to move forward with the terms of the agreement “with or without support from the White House.”
“It’s unfortunate the Trump administration may not be interested in cooperating with us to improve policing and support our community, but make no mistake: we have the tools, the resolve, and the community’s backing to fulfill our promise to the people of Minneapolis. Our work will not be stopped,” Frey said.
O’Hara, who was tapped to lead Minneapolis police in 2022 amid national outrage over the killing of George Floyd in police custody, echoed Frey’s commitment to the reforms, but pointed out that Minneapolis is already under a state consent decree that was approved in July 2023 and includes similar reforms that are outlined in the federal agreement.
“It is possible we may wind up not having a federal consent decree, although I don't think it's likely,” O’Hara said, “but again, I think a majority of what is contemplated in the federal consent decree exists already in the state consent decree. There's already been a ton of work toward making those requirements real.”
O’Hara said that he already created a use of force investigation teams within the MPD’s Internal Affairs Bureau – a move that was not required by the state but is required under the federal agreement.
“That's something that I already had started long before we had the draft agreement, because I know that's a best practice in this profession,” O’Hara said, but added that the approval of the federal consent decree would give MPD the resources and the staffing that it needs to carry out these reforms.
“It is not yet staffed up and resourced the way that it should be, and the federal consent decree requires significant more investment in it,” he said.
Where things stand in the courts
Civil rights attorney Ben Crump, who represents the families of Breonna Taylor and George Floyd, told ABC News Live Prime anchor Linsey Davis in an interview last Wednesday that the families want to see the consent decrees approved in federal court.
“This is very disturbing,” Crump said, referencing the Trump administration’s freeze on civil rights litigation.
“Breonna’s mother is very heartbroken, Linsey. Very heartbroken. She's fought so hard to get whatever measure of justice and accountability she could," he added. “She is just shocked that they would do this, just like George Floyd's family is shocked.”
The Minneapolis federal consent decree is being reviewed by Judge Paul A. Magnuson, a senior judge in the U.S. District Court for the District of Minnesota who was appointed by President Ronald Regan.
The agreement, which was announced by the DOJ Jan. 6, focuses on "preventing excessive force; stopping racially discriminatory policing; improving officers’ interactions with youth; protecting the public’s First Amendment rights; preventing discrimination against people with behavioral health disabilities; promoting well-being of officers and employees; and enhancing officers’ supervision and accountability," according to the DOJ.
A spokesperson for Frey told ABC News that the city has “not heard directly” from the Trump administration regarding the consent decree and, according to O’Hara, Minneapolis is still “awaiting a court date to be set” in this case.
Meanwhile, the Louisville consent decree, which was announced on Dec. 12, 2024, is in the hands of Judge Benjamin Beaton of the U.S. District Court for the Western District of Kentucky.
The agreement lays out "specific policies, trainings, and programs" that the city and police "will implement to protect the rights of Louisville residents and promote public safety," as well as a requirement to "collect and analyze data to improve as an agency and to hold officers and Louisville Metro employees accountable," according to the DOJ. The reforms listed in the agreement include steps for LMPD to use "appropriate de-escalation techniques and attempt to resolve incidents without force when possible, and use force in a manner that is reasonable, necessary, and proportional to the threat presented," as well as "taking steps to reduce unlawful racial disparities in enforcement."
Beaton, who was appointed by Trump during his first term as president in 2020, questioned the need for the consent decree during a hearing on Jan. 13, according to ABC affiliate in Louisville, WHAS11, where he asked DOJ officials whether there is a "less intrusive manner of resolving the dispute" without judicial oversight.
The Fraternal Order of Police – the largest police union in the country, which endorsed Trump during both of his presidential campaigns – filed a motion on Dec. 27 to intervene in the Louisville consent decree and asked Beaton to oppose it in its current form. In the motion, the union argued that the consent decree violates the collective bargaining agreement between them and the city, according to WHAS11.
Asked about the status of the consent decree, a spokesperson for Greenberg told ABC News that “the city is preparing to file a brief in support of the consent decree by Feb. 18, as requested by the judge.”
ABC News’ Alexander Mallin and Sabina Ghebremedhin contributed to this report.
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