For two Virginia police officers who posed for a photo during the deadly uprising at the Capitol, the settlement has been swift and public: they have been identified, charged with crimes and arrested.
But for five Seattle officers, the outcome is less clear. Their identities are still secret, two are on leave and three remain at work, while a police watchdog is investigating whether their actions in the country’s capital on January 6 crossed the line from protected political speech to violation of the law.
The contrasting cases highlight the dilemma faced by police forces across the country in assessing the behavior of dozens of officers who were in Washington on the day of the riot by supporters of President Donald Trump. Officials and pundits agree that officers involved in the melee should be fired and charged for their roles.
But what about the officers who attended only the Trump rally before the riot? How does a department balance an officer’s freedom of speech with the blow to public confidence that comes from attending law enforcement an event featuring far-right militants and white nationalists who then attacked the seat of American democracy?
An Associated Press survey of law enforcement agencies across the country found that at least 31 officers in 12 states are being investigated by their executives for their conduct in the District of Columbia or criminally charged for participating in the riot. Officials are investigating whether the agents violated any laws or policies or participated in the violence while in Washington. A Capitol police officer died after being hit in the head with a fire extinguisher when rioters entered the building and many other officers were injured. One woman was shot by Capitol Police and three other people died following medical emergencies during the chaos.
Most officers have not been publicly identified; only a few have been charged. Some were identified by online sleuths. Others were reported by their colleagues or turned themselves in.
They come from some of the largest cities in the country – for example three officers in Los Angeles and a sheriff’s deputy – as well as government agencies and a Pennsylvania police station with nine officers. They include an Oklahoma sheriff and a New Hampshire police chief who admitted to attending the rally but refused to enter the Capitol or break the law.
“If they were off duty, it’s completely free speech,” said Will Aitchison, a Portland, Oregon attorney who represents law enforcement officials. “People have the right to express their political opinion no matter who is next to them. You just don’t get blamed by association. “
But Ayesha Bell Hardaway, a professor at Case Western Reserve University Law School, said the presence of an officer at the meeting creates a credibility problem as law enforcement agencies work to restore community confidence, especially after last summer’s protests. police brutality fueled by the police killings of George Floyd and Breonna Taylor.
Communities will question the integrity of officers who attended the meeting, along with “individuals who proudly profess racist and divisive views,” she said. “It begs the question of whether those officers are interested in policing in a way that builds trust and legitimacy in all communities, including communities of color.”
In Rocky Mount, a Virginia town of about 1,000 residents, Sgt. Thomas Robertson and Officer Jacob Fracker were suspended without pay and are facing criminal charges after posting a photo of themselves in the Capitol during the riot. According to court records, Robertson wrote on social media that “The Left is just angry because we actually attacked the government that’s the problem … Right IN ONE DAY took the f (asterisk) (asterisk) (asterisk) (asterisk) US Capitol. Stay. poke us. “
Attempts to contact the couple were unsuccessful, and court records do not mention lawyers. Rocky Mount leaders declined to be interviewed. In a statement, they said the events at the Capitol were tragic.
“We support and support those who exposed the violence and illegal activities that took place that day,” said Police Chief Ken Criner, Captain Mark Lovern and Town Manager James Ervin. “Our municipality and our police force do not condone absolutely illegal or unethical behavior on the part of anyone, including our agents and staff.”
Across the country, five officers in Seattle are under investigation by the city’s Office of Police Accountability. Two officers posted photos of themselves on social media while in the district and officials were investigating where they were and what they were doing. Three others told the supervisors that they went to Washington for the events and that what they were doing there is under investigation.
Police chief Adrian Diaz said his department supports officers’ freedom of expression and that those who were in the country’s capital will be fired if they were “directly involved in the Capitol uprising.”
But police leaders need to evaluate more than just plain criminal behavior, said Chuck Wexler, executive director of the Police Executive Research Forum, a police investigation and policy group. They should also consider how their actions affect a department’s credibility, he said.
Officers’ First Amendment rights “do not extend to uttering words that may be violent or may express bias,” Wexler said, “because that will be a reflection of what they do when they are on the job. when they testify in court. “
Over the summer and fall, Seattle police – along with agents elsewhere – came under criticism for their approach to mass protests against police brutality following George Floyd’s death. The city received more than 19,000 complaints against officers, most of them for overuse of force and improper use of pepper spray.
Andrew Myerberg, director of the Seattle Office of Police Accountability, said none of the officers now under investigation were involved in those cases.
But Sakara Remmu, co-founder of Black Lives Matter Seattle / King County, said the officers should be fired anyway. Their public statements of solidarity with Trump arouse not only distrust from the community, but terror from the entire department, she said.
“It definitely matters when the decorum of racial peace and racial hatred comes through, because we already have a documented history and legacy of what that means in this country,” Remmu said.
In Houston, the police chief convicted an officer who resigned and was later charged in the riot. A lawyer for Officer Tam Pham said the 18-year-old police veteran “deeply regrets” being at the meeting and was “deeply remorseful”.
But many chiefs have said their officers did not commit crimes.
“Arkansas State Police respects the rights and freedom of an employee to use his leave of choice,” said department spokesman Bill Sadler of two officers who attended the Trump rally.
Malik Aziz, the former chairman and executive director of the National Black Police Association, compared condemning all officers who were in Washington to shooting all protesters who took to the streets after George Floyd’s murder to the violent and destructive acts of some.
Aziz, a major in the Dallas Police Department, said police acting privately have the same rights as other Americans, but deliberately go to a bigot event to disqualify an officer.
“There is no place in law enforcement for that person,” said Aziz.