7 Ways The Obama Administration Has Accelerated Police Militarization
There were signs that President Barack Obama might rein in the mass militarization of America’s police forces after he won the White House. Policing is primarily a local issue, overseen by local authorities. But beginning in the late 1960s with President Richard Nixon, the federal government began instituting policies that gave federal authorities more power to fight the drug trade, and to lure state and local policymakers into the anti-crime agenda of the administration in charge. These policies got a boost during Ronald Reagan’s presidency, and then another during President Bill Clinton’s years. Under President George W. Bush, all of those anti-drug policies continued, but were supplemented by new war on terrorism endeavors — yet more efforts to make America’s cops look, act and fight like soldiers.
But Obama might have been different. This, after all, was the man who, as a candidate for the U.S. Senate in 2004, declared the war on drugs an utter failure. As Reason magazine’s Jacob Sullum wrote
in a 2011 critique of Obama’s drug policy:
Obama stood apart from hard-line prohibitionists even when he began running for president. In 2007 and 2008, he bemoaned America’s high incarceration rate, warned that the racially disproportionate impact of drug prohibition undermines legal equality, advocated a “public health” approach to drugs emphasizing treatment and training instead of prison, repeatedly indicated that he would take a more tolerant position regarding medical marijuana than George W. Bush, and criticized the Bush administration for twisting science to support policy — a tendency that is nowhere more blatant than in the government’s arbitrary distinctions among psychoactive substances.
Indeed, in his first interview after taking office, Obama’s drug czar, Gil Kerlikowske, said that the administration would be toning down the martial rhetoric that had dominated federal drug policy since the Nixon years. “Regardless of how you try to explain to people it’s a ‘war on drugs’ or a ‘war on a product,’ people see a war as a war on them,” Kerlikowske
told The Wall Street Journal. “We’re not at war with people in this country.”
This was an notable break from previous administrations. Rhetoric does matter, and for a generation in the U.S., cops had incessantly been told that they were in a war with drug offenders — this, in a country where about half the adult population admits to having smoked marijuana.
Unfortunately, while not insignificant, the change in rhetoric has largely been only that. The Obama administration may no longer call it a “war,” but there’s no question that the White House is continuing to fight one. Here’s a quick rundown of where and how Obama’s policies have perpetuated the garrison state:
1. Pentagon Giveaways
In 1997, Congress added a section to a defense appropriations bill creating an agency to transfer surplus military gear to state and local police departments. Since then, millions of pieces of equipment designed for use on a battlefield — such as tanks, bayonets, M-16s, and armored personnel carriers — have been given to domestic police agencies for use on American streets, against American citizens.
Under Obama, this program has continued to flourish. In its October 2011 newsletter (motto: “From Warfighter to Crimefighter”), the agency that oversees the Pentagon giveaways boasted that fiscal 2011 was the most productive in the program’s history. And by a large margin. “FY 11 has been a historic year for the program,” wrote program manager Craig Barrett. “We reutilized more than $500M, that is million with an M, worth of property in FY 11. This passes the previous mark by several hundred million dollars. ... Half a billion dollars in reutilization was a monumental achievement in FY 11.”
2. Byrne Grants
In 1988, Congress created a new federal crime-fighting program called the Byrne grant, named for Edward Byrne, a New York City narcotics officer killed by a drug dealer. Over the years, these grants have created multi-jurisdictional anti-drug and anti-gang task forces all over the country. Because these task forces usually cover more than one jurisdiction, they often aren’t fully accountable to, say, a police chief or an elected sheriff. Moreover, they’re often funded either with additional Byrne grants, or with money seized in asset forfeiture proceedings. They can operate with little or no funding from the polities they police.
The results have been unsettling. These task forces have caused numerous deaths, been responsible for botched drug raids on the wrong houses, and have been implicated in corruption scandals. It was Byrne-funded task forces that were responsible for the debacles in Tulia and Hearne, Texas, about a decade ago, in which dozens of people — nearly all poor and black — were wrongly raided, arrested and charged with drug crimes. One woman falsely charged in Hearne was Regina Kelly, subject of the movie
“American Violet.” In a 2007 interview, Kelly told me that the violent raids had been going on for years in Hearne before the task force was finally caught.
“They come on helicopters, military-style, SWAT style,” Kelly said. “In the apartments I was living in, in the projects, there were a lot of children outside playing. They don’t care. They throw kids on the ground, put guns to their heads. They’re kicking in doors. They just don’t care.”
The George W. Bush administration had actually begun phasing out the Byrne program. It had been funded at a half-billion dollars per year through most of the Clinton presidency. By the time he left office in 2008, Bush had pared it to $170 million a year. But the grants have long been a favorite of Vice President Joe Biden. And so Obama campaigned on fully restoring their funding, declaring that the Byrne grant program “has been critical to creating the anti-gang and anti-drug task forces our communities need.” On that promise at least, he has delivered. As part of the 2009 American Recovery and Reinvestment Act, Obama infused the program with $2 billion, by the far the largest budget in its history.
3. COPS Grants
The Community Oriented Policing Services, or COPS, program has followed a similar trajectory. Its aim is noble, at least in theory. Community policing is the idea that cops should be proactive, and consider themselves part of the communities they serve. They should know the names of school principals, be friendly with business owners, attend neighborhood meetings.
This isn’t the definition of community policing held by many police officials. In the late 1990s, criminologist Peter Kraska found, for example, that many police chiefs consider frequent SWAT raids and similarly aggressive policing to be a core part of a community policing strategy. In fact, some said they considered sending SWAT teams to patrol entire neighborhoods to be sound community policing.
Moreover, police department budgets are fungible — there’s really no way to control how these grants are spent once they arrive at the police station. A 2001 report by the Madison Capital Times found that many Wisconsin police agencies that received COPS grants in the 1990s had in fact used them to start SWAT teams. When presented with these findings, one criminologist was aghast, telling the paper, “Community policing initiatives and stockpiling weapons and grenade launchers are totally incompatible.”
Just as it had with Byrne grants, the Bush administration was phasing out the COPS program in the 2000s. But like the Byrne grants, COPS grants have long been a favorite of Biden. In fact, Biden often takes credit for creating the program, and claims it’s responsible for the sharp drop in violent crime in America that began in the mid-1990s. (There’s no evidence to support that contention, and a 2007 analysis in the peer-reviewed journal Criminology concluded “COPS spending had little to no effect on crime.”)
And so Obama resurrected COPS, too. During his first year in office, he increased the program’s budget by 250 percent.
4. DHS Anti-Terror Grants
The Department of Homeland Security has been giving its own grants to police agencies. These grants have been used to purchase military-grade equipment in the name of fighting terrorism. The grants are going to cities and towns all over America, including to unlikely terrorist targets like Fargo, N.D.; Fond du Lac, Wis.; and Canyon County, Idaho. Once they have a new armored personnel carrier, or new high-powered weapons, most of these police agencies then put them to use in more routine police work — usually drug raids.
According to a 2011 report by the Center for Investigative Reporting, the federal government has handed out $34 billion in grants since Sept. 11, 2001. The grants have also given rise to contractors that now cater to police agencies looking to cash DHS checks in exchange for battle-grade gear. All of which means there’s now an industry — and inevitably a lobbying interest — dedicated to perpetuating police militarization.
lly frank and critical statements about the drug war, incarceration, and the criminal justice system. His drug czar then showed some rare insight into the dangers of war rhetoric when discussing domestic policing. Obama the president has been more of the same, and in some cases worse.