Will Donald Trump abandon DOJ action against Phoenix PD? Experts weigh in on likely scenarios

Unlike some states where the State AG can intercede in federal cases, Arizona lacks such provisions.

PUBLISHED NOV 13, 2024

During President Donald Trump's first term in office the DOJ launched just one pattern-or-practice investigation into police departments nationwide.

Phoenix, Arizona: Experts have cautioned that the future of the US Department of Justice's (DOJ) federal against the Phoenix Police Department may hang in the balance after Donald Trump won the 2024 presidential election.

They claim that the president-elect's administration could potentially drop the lawsuit. Former DOJ attorney Emily Gunston, told Arizona's Family Gunston: “People should be concerned about whether the next administration will move forward with lawsuits investigated by career DOJ attorneys.”

Michael Gennaco, a law enforcement reform expert, agreed with Gunston. He told the network that the incoming administration may deprioritize or even terminate ongoing investigations. “They may simply walk away from this and other police reform cases,” Gennaco said.

Unlike some states where the state attorney general can intercede in federal cases against local jurisdictions, Arizona lacks such provisions. This leaves the DOJ with the primary authority to determine whether to pursue or abandon the lawsuit against Phoenix PD.

National Border Patrol Council President Paul Perez endorses US Republican presidential nominee, former President Donald Trump during a campaign rally at Findlay Toyota Center on October 13, 2024 in Prescott Valley, Arizona. (Photo by Rebecca Noble/Getty Images) — Some experts claim that the president-elect Donald Trump's administration could potentially drop the Phoenix PD lawsuit. (Photo by Rebecca Noble/Getty Images)

What is the lawsuit about?

Federal officials have alleged that the Phoenix PD has engaged in routine misuse of force, documented cases of discrimination, and infringed upon the civil rights of vulnerable populations. The DOJ claims these practices necessitate structural reforms within the department, a stance that is driving their push for a consent decree — a legally binding agreement for mandated changes.

Despite the DOJ’s concerns, some Phoenix city officials argue that federal involvement is unnecessary. They claim that Phoenix has already implemented significant reforms and that additional oversight would be redundant. Phoenix leaders also indicated they were delaying any agreement with the DOJ until after the elections.

During President Donald Trump's first term in office the DOJ launched just one pattern-or-practice investigation into police departments nationwide, a stark contrast to the 18 investigations initiated during Barack Obama’s presidency and 12 under Joe Biden’s administration.