Oversight Report: Chicago PD Doesn’t Care Its Officers Are Involved With Right Wing Extremists

from the thin-blue-line-erased-yet-again dept

The city of Chicago’s Inspector General is back at it, pointing out things are very, very wrong with the Chicago Police Department. Not that anyone needed any reminders. A long history of disinterest in disciplining misbehaving officers has led to everything from an off-the-books black site operation to more than 100 misconduct charges being racked up by officers involved in a single wrong house raid.

Like lots of other law enforcement agencies, the Chicago PD has officers who are members of far right extremist groups. A lot of this came to light during the FBI’s investigation of the January 6 insurrection, where it was discovered that law enforcement officers from all over the nation traveled to Washington DC — not to help secure the Capitol building or protect those inside, but to engage in criminal activity of their own.

The Chicago PD is no exception. This latest report details how many officers are involved with far right groups like the Proud Boys and the Three Percenters. It also details how little the PD has done to root out the potential insurrectionists in its midst. (via Chicago Fox affiliate FOX 32)

The report [PDF] leads off with the responses it received from the Chicago PD as well as the mayor’s office. There’s no good news/bad news thing going on here. It’s all bad news, and the lack of accountability apparently will begin at the top:

In a written response attached at Appendix B, the Mayor’s Office reports that “the Johnson Administration and the Chicago Police Department remain fully committed to rooting out extremist, anti-government, and biased organizations in our law enforcement ranks. There is no place in the CPD for those who participate in such organizations.” The Mayor’s Office further says that it is“committed to working with CPD and across departments and agencies to ensure that there is a comprehensive and meaningful approach to preventing, identifying, and eliminating extremist, anti-government, and biased associations within CPD” and says that it will “work with” a variety of entities in this pursuit. OIG appreciates the Mayor’s Office’s response, but notes that the Mayor’s Office neither accepts OIG’s recommendation nor commits to any specific action at all.

“Fully committed” up to the point the response was sent to the OIG’s office. No further commitment has been stated or noted.

After detailing the history of and harmful acts committed by far right extremist groups (the three detailed are the Proud Boys, Oath Keepers, and Three Percenters), the OIG moves on to point out that the CPD has, in the past, rooted out cops with ties to bigoted extremist groups. You know, like the KKK, to name just one.

More than half a century ago, CPD initiated an investigation into the alleged memberships of multiple CPD members in the Ku Klux Klan (KKK). One such member was Officer Donald Heath, the admitted grand dragon of the KKK in Illinois at the time.

[…]

In the Police Board’s findings, they found Heath and two other CPD members violated Rule 2 by being associated with an extremist group, the KKK, and fired them.

That was 50 years ago. Apparently, being involved with white supremacists (or entities that embrace those views along with their own stated goals) was an offense worth of termination. Five decades later, things have not improved. They’ve gotten worse.

As the OIG notes, allowing officers to join extremist groups — especially ones that consider lawbreaking an essential part of their “resistance” and consider themselves to be, if not actual white nationalists, closely aligned with their philosophies — further damages already tenuous relationships with the communities these officers serve. Looking the other way only encourages more officers to associate with extremists, which is the sort of thing that leads directly to officers committing federal crimes while attempting to overturn a lawful national election.

Here’s the sort of thing that’s far more common now, despite the rules on associating with extremist groups having gone unchanged over the past five decades.

BIA [Bureau of Internal Affairs] reached a finding of Not Sustained on the allegation that the accused [officer] was a member of a “far-right terror group,” determining that no evidence existed that the accused officer committed any misconduct on duty. However, BIA’s analysis failed to acknowledge that relevant CPD rules explicitly apply to both on- and off-duty conduct. Additionally, BIA’s analysis did not consider whether the officer’s membership in the Oath Keepers, by itself, constituted a violation of CPD policy.

OIG recommended that BIA reopen the investigation to conduct any necessary additional investigative activity including, but not limited to, re-interviewing the accused member to determine what, if any, rules, regulations, or policies of CPD he refused to obey because he believed them to be illegal or unconstitutional according to the precepts of the Oath Keepers.

OIG also recommended that BIA conduct and document an appropriate analysis of whether the accused member’s membership in the Oath Keepers violated any of the Department’s Rules and Regulations, including but not limited to Rules 2 and 3. BIA accepted OIG’s recommendation and reopened its investigation. After meeting with OIG to discuss the case, BIA reclosed the investigation leaving its original findings unchanged.

All three of the groups mentioned in this report have their own mission statements that assert members will choose to ignore or disobey laws they don’t agree with and, if need be, utilize violence to achieve those aims. No cop shop should desire to employ people who think only certain laws should be respected and consider all the laws they don’t personally like to be optional.

There’s also the citation of “Rule 2.” Rule 2 has been on the PD’s books for years. It’s the same one that was used more than 50 years ago to fire two officers for being members of the KKK. Without rewriting the rule, the official stance at the CPD is that simply being a member of groups like this is not, in and of itself, a violation of this rule. CPD officials have made this declaration despite the rule expressly forbidding all kinds of things that might make the department look less trustworthy:

This Rule applies to both the professional and private conduct of all members. It prohibits any and all conduct which is contrary to the letter and spirit of Departmental policy or goals or which would reflect adversely upon the Department or its members. It includes not only all unlawful acts by members but also all acts, which although not unlawful in themselves, would degrade or bring disrespect upon the member or the Department, including public and open association with persons of known bad or criminal reputation in the community unless such association is in the performance of police duties. It also includes any action contrary to the stated policy, goals, rules, regulations, orders, or directives of the Department.

The report then notes it can only find one case where this rule was applied to an officer in recent years. Conveniently enough, it was used to discipline a recruit (the most expendable of law enforcement officers) for saying something that could be construed as gang-related.

CPD has recently applied Rule 2 to a member’s association with a group—specifically, a street gang—undermining any suggestion that it is unable to do so. In August 2023, a CPD Lieutenant recommended termination of a CPD Recruit for using “street gang terminology” in violation of Rule 2 and Rule 6- “Disobedience of an order or directive, whether written or oral.” “In less than two weeks after being hired by CPD, the request was granted and the Recruit was separated from the Police Department.”

It was alleged that the CPD Recruit, while standing in formation in a hallway at CPD’s Education and Training Division, stated, “on BD, y’all gonna make me bug up in this bitch. I’m trying to hold this hood shit in but y’all bringing it out on me on BD,” after allegedly being bumped into by another recruit and their duffle bag. The CPD Lieutenant in their termination request wrote that they were aware of the phrase “On BD” to be “common street gang terminology used by members of the Black Disciples street gang to swear upon their allegiance to said gang…”

That is a justifiable application of Rule 2. But it only seems to apply to (presumably) black recruits or those who use gang terminology used by black gang members. The CPD has told the OIG’s office Rule 2 just doesn’t apply to (presumably) white police officers who wear Three Percenter insignias while on patrol or spend their free time hanging out with bigots and white nationalists who have plainly stated they’ll break the laws they don’t like and physically harm those trying to enforce the disliked laws.

There’s a good chance CPD brass considers membership in the Proud Boys, et al to be a feature, not a bug. After all, plenty of police officials have openly stated they won’t enforce laws they don’t like (mainly things like gun control efforts or sanctuary city statutes). And there’s no law enforcement agency in the land that doesn’t generously deploy double standards to protect the worst officers they employ. The fact that these extremist groups direct most of their animosity against liberals, minorities, and LGBTQ+ persons is just icing on the cake. It aligns with the implicit biases that have plagued law enforcement agencies since their inception.

The refusal of the CPD to treat this issue seriously shows it’s unwilling to reach across the divide it’s created to earn the trust of the communities it serves. The mayor’s office is no better, offering up nothing but vague statements about doing something while offering up nothing in the way of actual improvement. This report highlights a problem and serves the purpose of making the public more aware of endemic law enforcement issues. Unfortunately, Chicago residents are likely already well-aware how much they’re being underserved by the PD and city leaders. In the end, it’s just documentation of business as usual. And no one with the power to change things for the better seems to have any interest in actually making that happen.

Filed Under: , , , , ,

Rate this comment as insightful
Rate this comment as funny
You have rated this comment as insightful
You have rated this comment as funny
Flag this comment as abusive/trolling/spam
You have flagged this comment
The first word has already been claimed
The last word has already been claimed
Insightful Lightbulb icon Funny Laughing icon Abusive/trolling/spam Flag icon Insightful badge Lightbulb icon Funny badge Laughing icon Comments icon

Comments on “Oversight Report: Chicago PD Doesn’t Care Its Officers Are Involved With Right Wing Extremists”

Subscribe: RSS Leave a comment
38 Comments
This comment has been deemed insightful by the community.
That One Guy (profile) says:

'What's the problem, those are some Very Fine People they're with!'

Kicking officers out for belonging to bigoted and/or insurrectionist groups would require those employing them to consider those groups wrong, so the fact that both the department at large and the mayor see no reason that cops affiliated with them should be removed is really giving the game away as to where their loyalties lie.

That One Guy (profile) says:

Re: Re: Re:

Pretty sure that isn’t one of the ‘unpopular ideas’ they were talking about but I supposed I can address it, for something like that you’ve got officers basically telling their superior that they refuse to do their jobs as ordered, so whether a court would green-light their removal would likely depend on how much weight the judge gave to an employer’s ability to fire employees who refuse to do what they’re told to versus the employee’s ability to refuse to follow what they consider unconstitutional orders and not be punished for it.

While I personally would probably be more inclined to give the ability for officers to refuse what they consider illegal/unconstitutional orders more weight given the deference most courts seem to give police departments I suspect that most judges would come down on the side off department heads/superiors being able to fire ‘non-productive officers’.

This comment has been deemed insightful by the community.
Anonymous Coward says:

Re:

First, not all speech is protected speech. Second, government employees do have some restrictions on their speech while on duty and some even while off duty. Third, speech and association that undermines their ability to do their job properly isn’t protected.

Anonymous Coward says:

Re: Re:

not all speech is protected speech.

Well, sure. That is a true statement. At least you didn’t cite fire in a crowded theater to support it. I would, however, say that much of the speech here is generally protected.

speech and association that undermines their ability to do their job properly isn’t protected.

The criteria here seems to be something along the lines of “the community doesn’t trust people who belong to these organizations”. I’m not sure how you draw a line that excludes these officers, but doesn’t exclude one that belongs to (for example) the ACLU in a city where that group is demonized.

Anonymous Coward says:

Re: Re: Re:

At least you didn’t cite fire in a crowded theater to support it.

Yup. A better example of unprotected speech is tweets written Trump on Dec. 19, 2020 and Jan. 4, 2021, which read as follows: “A great report by Peter. Statistically impossible to have lost the 2020 Election. Big protest in D.C. on January 6th. Be there, will be wild!” and “If the liberal Democrats take the Senate and the White House — and they’re not taking this White House — we’re going to fight like hell, I’ll tell you right now.”

Anonymous Coward says:

Re: Re: Re:2

“Will be wild” is not unprotected. It may show that he knew what was going to happen, but it’s not inciting anything. I don’t think it’s even legally possible for a Dec 19 tweet (or even a Jan 4 tweet) to incite anything on Jan 6; remember that the standard is imminent lawless action.

“Fight like hell” is the sort of rhetoric that politicians use all the time. Including Democrats. It’s protected.

I won’t entirely dismiss the possibility that he solicited something through back channels. But then it was the back channel speech that was unprotected, not the tweets you cite.

Burning down the First Amendment to go after your enemies is a bad idea.

Anonymous Coward says:

Re: Re: Re:

You ignored Rule 2 and what I said about government employees having additional restrictions on their conduct. It’s also not all about speech. Membership in an organization that advocates the violation of laws can itself be grounds for termination as a law enforcement officer without the officer having to say a damn thing, though you might consider the act of joining an act of speech.

Wake me when members of the ACLU as a whole advocate for the overthrow of the government or the murder of innocent people.

Anonymous Coward says:

Re: Re: Re:2

Joining potentially implicates not only freedom of speech, but freedom of assembly, which is separately protected by the First Amendment.

According to current case law, if I understand it correctly, they can’t fire you for speech if the speech is on a matter of public concern and the speech is not part of your job duties and the speech passes a balancing test against the interests of the government. The officers would pass the first two tests, but might fail the balancing test. Let’s just say I disagree that the First Amendment only allows such a narrow band of speech – especially if the balancing test is looking at whether the community dislikes the ideas expressed.

According to the Saint Louis Fed’s employment data, there are currently about 23,364,000 government employees. That’s a LOT of people to potentially censor. For comparison, there were a combined 158,429,631 votes for President in 2020. So about 1 in 7 voters potentially can’t say what they want to say, or risk getting fired. That is kind of a lot.

Anonymous Coward says:

Re: Re: Re:3

Joining potentially implicates not only freedom of speech, but freedom of assembly, which is separately protected by the First Amendment.

But again, government employees, especially law enforcement officers, have greater restrictions in these areas. The 1st Amendment is not absolute. It couldn’t be, or else fraud, libel, slander, and threats of violence would be legal.

You seem to be confused about the speech involved. We’re talking about extremist groups that advocate for political violence and overthrowing the government and violating the civil and human rights of others. They’re not advocating for better government spending on school lunches here. The speech is a matter of public concern in that it’s causing concern among the public and the speech necessarily is a part of their duties since they’re sworn to uphold the law but are joining orgs that advocate against the rule of law. They also don’t quit be members when they go to work, so the “speech” of being a member does occur while they’re on duty. So even your own analysis is wrong.

And law enforcement officers should be held to a higher standard than, say, a government-employed janitor.

If you want to challenge rule 2 and other clauses of the police contract, you should talk to the police union. The government doesn’t have to sign a suicide pact saying that those entrusted with protecting lives and enforcing laws can also seek to overthrow the laws.

Anonymous Coward says:

Re: Re: Re:4

In Rankin v. McPherson, 483 US 378 – Supreme Court 1987, a deputy constable said to a co-worker, “If they go for him again, I hope they get him” in response to the Reagan assassination attempt. The Supreme Court found her firing to be improper and a First Amendment violation. Granted, despite her job title her job was purely clerical, and that seems to matter to the courts. This precedent might protect any officers whose duties are only clerical.

The speech is a matter of public concern

I think you misunderstood what I was saying there; I said the speech was on a matter of public concern. I’ll agree that the speech itself is also a matter of public concern, though.

You seem to be confused about the speech involved. We’re talking about extremist groups that advocate for political violence and overthrowing the government and violating the civil and human rights of others.

I’ll agree that they can’t join a group advocating the violent overthrow of the government and expect that to be protected, but I’m not convinced that all the listed organizations officially do that, even if some members did. They absolutely can advocate things some might describe as violating the rights of others, so long as they aren’t advocating breaking the law to do so. Imagine being fired for giving an opinion that went too far on this very issue, which could be construed as advocating the violation of officers’ First Amendment rights.

and the speech necessarily is a part of their duties

No, that’s not what that part of the test means. No part of their duty involves joining organizations or posting junk on Facebook. You can argue that these things affect their duty in a negative way (and the main thrust of your argument isn’t bad; if any officers are fired they might well lose if they challenge the firing), but you cannot reasonably argue that such things are their duty. (If they are doing their duty literally all the time, that would be a LOT of overtime; I don’t think we can afford it.)

Anonymous Coward says:

Re: Re: Re:5

“If they go for him again, I hope they get him”

This is rather benign compared to the speech of the organizations we’re talking about, ones that have literally had members attempt to overthrow the government. You’re giving them far too much benefit of the doubt when we have evidence of their actions and speech.

I think you misunderstood what I was saying there; I said the speech was on a matter of public concern. I’ll agree that the speech itself is also a matter of public concern, though.

I understood, I was just twisting what you said to make a point that it’s not the topic being spoken of but what is being said that is the problem. The content of the speech isn’t protected nor the actions these organizations take to undermine the rule of law. Saying, “it’s a public matter” doesn’t excuse the speech. In fact, it probably makes it worse. If they were talking about overthrowing a local HOA because the egg salad that Nancy served was awful, we wouldn’t be having this conversation.

I’m not convinced that all the listed organizations officially do that, even if some members did.

“Officially” is a useless term here. Plenty of organizations do nefarious stuff but don’t state it or do it “officially.” And in this case, relating to Rule 2, guilt by association is valid. At best officers could argue they didn’t know what other members were doing, but even that’s hardly an excuse considering the types of things these orgs do officially advocate for.

They absolutely can advocate things some might describe as violating the rights of others, so long as they aren’t advocating breaking the law to do so.

Often times those are the same thing. Violating the rights of others is usually a violation of law or else it’s not a right. So that’s a distinction without a difference.

Imagine being fired for giving an opinion that went too far on this very issue, which could be construed as advocating the violation of officers’ First Amendment rights.

The only people who could construe preventing cops from engaging in extrajudicial activities that violate the rights of others as a violation of their rights are fascists who don’t actually care about rights.

but you cannot reasonably argue that such things are their duty.

You missed my point. Their duty is to enforce the law, which necessitates reporting unlawful activities even when they’re off duty. For instance, an off-duty cop who witnesses his best friend commit a crime is expected to report it. Cops don’t stop being cops when they’re off-duty, the same way other government employees are mandatory reporters of child abuse regardless of whether they’re working. So if a cop engages in unlawful activity or knowingly associates with those who engage in unlawful activity while he’s off duty, he’s in violation.

Anonymous Coward says:

Re:

“Wouldn’t there be First Amendment issues with the government terminating people because they belong to a group which expresses unpopular ideas?”

The first amendment to the constitution makes no reference to protecting criminal activity.

When your ‘unpopular ideas’ led to violence it can be viewed as inciting violence, which is in violation of existing laws.

Your employment is not a guaranty even when you have a contract. Donny seems to think he can simply fire all federal workers and replace them with ‘loyal’ people. Any first amendment issues with that I wonder?

This comment has been flagged by the community. Click here to show it.

Anonymous Coward says:

Another article maligning a municipal police force over some made-up issue while steadfastly ignoring the incompetence and corruption of Joe Biden’s US Secret Service, whose dereliction of duty (and collaboration??) almost resulted in the assassination of the next President of the United States… Hmm.

This comment has been flagged by the community. Click here to show it.

This comment has been flagged by the community. Click here to show it.

MrWilson (profile) says:

Re:

I heard there were four guns confiscated that day with two charges related to them.

First, your hearsay-fueled knowledge isn’t a sufficient substitute for the truth. Second, confiscations and charges don’t mean that number of guns were present, only that that number of guns were discovered and led to charges. Most of the people in the crowd were not arrested that day so the number of them that were armed with firearms is unknown.

Is that all it takes to overthrow the US of A?

You seem confused. While some in the crowd were thinking they were overthrowing the government, the actual goal was to disrupt the recognition of votes and encourage Mike Pence and others to manipulate the confirmation process in favor of Trump. Trump getting a second term when he lost the electoral vote was the attempted overthrow. The crowd was just a singular effort to influence that.

Add Your Comment

Your email address will not be published. Required fields are marked *

Have a Techdirt Account? Sign in now. Want one? Register here

Comment Options:

Make this the or (get credits or sign in to see balance) what's this?

What's this?

Techdirt community members with Techdirt Credits can spotlight a comment as either the "First Word" or "Last Word" on a particular comment thread. Credits can be purchased at the Techdirt Insider Shop »

Follow Techdirt

Techdirt Daily Newsletter

Subscribe to Our Newsletter

Get all our posts in your inbox with the Techdirt Daily Newsletter!

We don’t spam. Read our privacy policy for more info.

Ctrl-Alt-Speech

A weekly news podcast from
Mike Masnick & Ben Whitelaw

Subscribe now to Ctrl-Alt-Speech »
Techdirt Deals
Techdirt Insider Discord
The latest chatter on the Techdirt Insider Discord channel...
Loading...