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Legal View with Ashleigh Banfield

Chicago Mayor Press Conference. Aired 12-12:30p ET

Aired December 01, 2015 - 12:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

[12:00:00] MAYOR RAHM EMANUEL (D), CHICAGO: I don't believe the actions of Officer Van Dyke reflect the vast majority of the men and women who risk their lives every day to protect our lives. I also know that the use of excessive force and misuse of authority is not new in Chicago or isolated only to Chicago. There is a history of it. We have worked hard to address these concerns over the last - past four and a half years through intensive training, new policies governing the use of force. But for whatever progress we have made, the killing of Laquan McDonald is a vivid reminder that we have much more work to do as a city.

There are two key questions before us. First, was this specific investigation handled properly. Ad I want to be clear that that question is being investigated by the United States Department of Justice in the U.S. Attorney's Office. And as you know, the city has handed ever piece of evidence over to the U.S. Attorney's Office here in Chicago and the FBI within weeks of the incident. This includes evidence related to the shooting itself, but also evidence related to the police department's response. They will address these questions when their investigation is complete. I would hope you would await the conclusion of their inquiry, which I also am anxious for.

The second question is how we prevent this type of incident from happening again. How do we ensure that we are effectively policing the police? That is why today I'm announcing that I've asked five respected Chicagoans, who are leaders in the criminal justice system, to do a top to bottom review of the system of oversight and accountability, training and transparency, that is currently in place for Chicago's police officers. These five leaders have extensive experience investigating police misconduct or representing victims of police misconduct. They include Sergio Acosta (ph), Inspector General Joe Ferguson (ph), Laurie Lightfoot (ph), Hi Grah (ph) and Randel Stone (ph). They will actively engage community leaders, victims' rights, law enforcement, youth, religious and elected leaders to insure the recommendations are based on the input from all parts of the city and all perspectives as it relates to criminal justice and the police department and public safety.

In addition, Chicago native and former Massachusetts Governor Deval Patrick, who has led the United States Department of Civil Rights Division, the United States Department of Justice Civil Rights Division under President Clinton, has agreed to serve as a senior advisor to the task force. These six Chicagoans know, like I know, that the vast majority of our officers are committed to the communities they serve. But they also know, as I do, that any case of excessive force or abusive authority undermines the entire force and the trust we must build with every community in the city. Police officers are only as effective as if they are trusted by all Chicagoans, wherever they are and wherever they live in the city.

By reinvigorating our oversight, we will continue the take the necessary steps to build trust between the police and the residents and the communities they serve. In order the bring the level of safety to our streets that every Chicagoan deserves, people must have confidence in our entire system. They must have trust in the system is in place. That's why the task force will look at how the city handles excessive force cases. How we can develop an early warning system to help us intervene with problem officer, and how the improve the transparency in these cases without compromising ongoing investigations. Every day we work to earn their trust - to earn the public's trust, we will re-double our work in pursuit of that goal. Every day we must insure that the checks and balances are in place to keep the confidence of Chicagoans in their public safety and in the people that are entrusted with that responsibility.

That trust must be earned by everyone from the police officer on the beat to the highest ranking officials in our government. Superintendent Gary McCarthy has been an excellent leader of our police department over the past four and a half years. His community policing strategy has led to the lowest overall crime rate on record and his efforts to remove guns from the streets have yield significant progress.

But Superintendent McCarthy knows that a police officer is only as effective as when he has the trust of those he serves. After this weekend, after effectively handling both the protests that followed the release of the McDonald video last week and the arrest of Tashawn's (ph) killers, Superintendent McCarthy and I began a discussion on Sunday about the direction of the department and the undeniable fact that the public trust and the leadership of the department has been shaken and eroded.

[12:05:17] This morning, I formally asked for his resignation. The superintendent, Gary's record, at the Chicago Police Department is a strong one and one that he can be proud of. I am grateful for his service to the city. He has both modernized the police department and brought real results for the people of the city of Chicago.

But now is the time for fresh eyes and new leadership to confront the challenges the department and our community and our city are facing as we go forward. I've asked First Deputy John Escalante (ph) to serve as acting commissioners until the police board has conduct a thorough search.

From body cameras, to today's task force, to the new superintendent, this is not the end of the problem, but it is the beginning of the solution to the problem. There are systemic challenges that will require sustained reforms. It is a work in progress as we continue to build the confidence and the trust by the public in our police force. Everyone has a role to play. And I'm just as responsible and as accountable as everyone else in working towards that solution. I do not take that responsibility lightly and will work to insure that every day we ensure we realize a strong Chicago we all want and the public deserves.

Laurie (ph). Laurie.

QUESTION: You talked about transparency and accountability. If you knew about the Laquan McDonald case before, why didn't you just come out in front of it?

EMANUEL: OK. Well, two points, Lauren (ph), I would say. One is, as you know, the family contacted the court counsel, Steve Patton's office on February 27th. And they've - that information has been made public. And we reached a resolution with them in short order and then it was taken to city council. If you go back to Steve's testimony at city council in April, you'll not only hear the settlement, but you'll also hear a full, thorough discussion of the videotape.

Second, and all that - not only in that material, but also I would say in what was in that video. So it was public in that way. As you can tell, and it's self-evident, we have two principles. One is the desire for public information, and, two, also the principle about the integrity of an investigation. It is clear, and other cities handling this are trying to work their way through it, that those two principles are in conflict. If you look at what I just asked the commission to do, is to not only take past practice and protocols and programs that exist in place today and have existed, be to ask core questions about a video which is, how do you make it public without either compromising, tainting or in any way hindering an ongoing investigation?

Now, there's a common practice across the country, and there's a practice that's been in place here in the city of Chicago. You don't hinder, you don't compromise an ongoing investigation, yet it's clear you all want, and the public deserves, that information. They're two conflicting principles. That is why just having met recently just with - this morning with the commissioners, the five individuals, do we need to make any changes to that practice to ensure that what we've seen you don't question why it's being held, and I've given that answer. Steve gave that answer when he was testifying back in April and he described the video, is to also ask, how do you reconcile those so that the public gets what they want, but you don't ever get a situation that somehow you've compromised an investigation and they can't come to a conclusion to bring a level of justice.

Greg.

QUESTION: Given the urgency of this problem and the violence and the confidence in the police, why is this task force's report not due until after the primary? There seems to be a political decision.

EMANUEL: No, not - I beg to differ. First of all, I think if you know the work - and I just said this to them, if they could get it done earlier, great. That's the deadline I give you. If you need an extension, you're going to have to say that. I tried to make it, as I said to them, focused and go deep. These problems are real and systemic. And I don't want you to lose sight of anything. There's a real deadline, though, to get us the material to get working. [12:10:01] QUESTION: Mayor, you've been in office for four and a half

year. When you came in office, the Chicago Police Department had a long history of police misconduct, excessive force. Why is it you've not acted on this issue until now when the judge forced the release of this video and forced you the act?

EMANUEL: Well, I just - as I could - beg to differ with that, but let me just go to two ways in examples, if I could. First of all, we - or three. We reinvigorated community policing. Second, as you know, just a couple of months ago we did an unprecedented agreement with the ACLU. It was actually more than a couple of months ago, which it was not under court order or a lawsuit. We brought an agreement between the ACLU and the police department to look into how they handle cases as just two examples. And, in fact, a lot of the material that's out there is because of the level of transparency we brought to the data around the police department.

And you can even go back to 2013 where I asked former Prosecutor Safer (ph) to do a report also on a series of issues as it relates to transparency or information. So I don't accept that. That doesn't mean, as I said, you are right, there's a long history. We have made progress, but our work is not done.

QUESTION: You shouldn't have acted sooner? This -

QUESTION: Mr. Mayor -

EMANUEL: Go ahead.

QUESTION: What did Garry McCarthy do wrong?

EMANUEL: Well, I think that - first of all, let me say that. I have a lot of support, as you know, and confidence in the work and the results that he's done. But our goal, as I would say to you, is to build the trust and confidence with the public. And at this point and this juncture for the city, given what we're working on, he has become an issue rather than dealing with the issue, and a distraction. Now, I support, and I've said it and noted the results of his work, 34 percent reduction bill in - over the last four and a half years in crime. But we must get to that confidence and trust to build what I think is necessary, which, as I said, towards a solution.

QUESTION: Mayor -

EMANUEL: Now, let me just finish. I have - sorry. I have a lot of loyalty to what he's done in him, but I have a bigger loyalty to the city of Chicago, its future and the strength of that future. And no one person trumps my commitment and my responsibility to the city of Chicago and its future. I thanked him for his service, but we now need to make a move in both leadership, the commission, the body cameras are all of a piece of starting to build that trust and that confidence, and that's essential if we're going to bring the type of safety that we want to see in the city of Chicago.

QUESTION: Mr. Mayor -

EMANUEL: Hold on one - Carol.

QUESTION: Mayor, how do you engender (INAUDIBLE) the community when you, as mayor, (INAUDIBLE) see that video for thirteen month and your own police department, just hours after the shooting happened, put out false information about it?

EMANUEL: Well, first of all, my level, as it relates to my trust. I think my answer to that goes to the first part. One is, we have a practice, not unique to Chicago, is that you don't do anything as it relates to material evidence that would hamper, hinder, compromise an investigation. I've asked the commission to look into this because there's need for that information. I don't look at material in a criminal investigation. Any of them.

And if I had looked at that video, your question before over the next seven months is, why do you get to see it and nobody else does? So I would see it when everybody else would see it, even though I don't look at other evidence. And I do want an update of a practice that clearly has got two principles in total conflict with each other.

Mike.

QUESTION: Mr. Mayor, two things. The - the other night when Reverend Jackson first talked about this, he complained that 75 percent of the murders in the city are not being solved or cleared (ph) in the police departments. The second thing that he and members of the black caucus of city council have said they want is, they want to re-do extensively the provisions in the collective bargaining agreement with the police union as it relates to these kinds of investigations. Can you address those?

EMANUEL: Well, on the second part, let me say, the second part is, that is for the bargaining table. It's clear that there's some challenges here. As in this particular case, when the information was made available, what was allowed and permissible, Superintendent McCarthy took action, which was the officer, Van Dyke, was stripped of his police authority. Once the charges came by the State's Attorney's office, he was stripped of his pay.

As it relates to how do you deal with that, there's two parts I would not in the commission that aren't in the collective bargaining but are noteworthy. And one of the things I think is important, and I hope it doesn't get lost. Before you even get to this, how do you get an early warning system so when an officer starts to have repeated problems and complaints, that you can both interdict either nonprofessional training or otherwise. And then if it gets to a situation, we're going to have to, as it relates to the contractual part, as you talked about, it's something that's clear that we're going to have to talk to and talk about at the bargaining table.

[12:15:23] On the clearance thing, there is a challenge here, and we have to - and one of the things is in solving - and I want to speak to this, this is really more for the police department to do, but you have to have a level of trust where people come forward, as did happen in the Deshawn Lee (ph) case. There are other cases where that doesn't happen (ph). That's not the only reason, but building that confidence and trust can help - also help the police department do their job. OK.

QUESTION: Mayor -

QUESTION: Mr. Mayor -

QUESTION: Mayor -

QUESTION: (INAUDIBLE) what you're really talking about is changing the culture of the Chicago Police Department. There was an (INAUDIBLE). You had that report from (INAUDIBLE). Van Dyke was known. He had 18 complaints. I mean there was a federal settlement for $300,000. So what's going to change this idea that you're going to crackdown on corrupt cops within your own police department when it was already know this guy Van Dyke was a - was a time bomb.

EMANUEL: I would say, if I could, Ed, culture, yes, but that's not limited. So if I wasn't clear, let me try again, OK. These are the build - what I've asked the task force to do, see if the oversight and the accountability and the discipline systems are as vigorous as they need to be and are there any changes? Two, what do we have in place, or not have in place, or is not effective as it relates to an early warning to officers that have repeated problems? And third, how do we deal with the transparency both to those cases but also making information public. Those are all - I would tell you the goal is not just the culture of the police department, yes, and doing changes are not enough, but they're a part of changing that culture. Having a leadership that dedicates itself to these goals is part of it. Third, I would also note to you - so I would not say that just - change of the culture, though that's part of it, but building the trust and confidence is the goal of each of these steps.

QUESTION: Mayor, you've answered the call for the superintendent's resignation. What about the calls for your own resignation?

QUESTION: (INAUDIBLE), if I may. Wasn't it quick (ph) - wasn't it (INAUDIBLE)? Wasn't it clear to you - wasn't it - wasn't it clear to you from the get-go -

EMANUEL: Thank you.

QUESTION: With this guy, Van Dyke, wasn't it clear to you he was a problem?

EMANUEL: Well, that's why what you have here is a situation where we have to have the pieces in place, because I think one of the problems we have is if you have an officer with repeated challenges, how do you interdict and maybe we're not interdicting and those are changes that need to happen. That's what the commission is going to look into.

QUESTION: A couple of questions, if you could bear with me, sir.

EMANUEL: Sure.

QUESTION: First of all, what are you looking for in a superintendent? Does it need to be an outsider? Does it need to be an African-American to restore the confidence of that community? EMANUEL: I'm going to leave - as you know, Fran, and the way the process works, the police board make a series of recommendation. And so I'm going to - the police board will start their work in looking for a permanent leader to the police department. But John Escalante (ph) will step in.

I want to have somebody that will meet the needs of both the public safety, help, obviously, in this issue of both changing the culture, putting in place the building blocks to restore the confidence and trust that we're seeing - we want to see in the city of Chicago, and have a record of - in the police department of invigorating the type of not only commitment to refresh (ph), but the type of commitment I want to see to make the changes necessary, not only to lead the department, but to lead the changes in the department to get the results we want.

(CROSS TALK)

QUESTION: Do you not have any responsibility - do you not have any responsibility in not driving reforms of the police department until today?

EMANUEL: Bill -

QUESTION: Not any regrets or - or the possibility (INAUDIBLE) on this sooner?

EMANUEL: Bill, Bill, I just - I answered - Bill, I answered - I asked -

QUESTION: I know you've taken steps, but you're here today announcing this.

EMANUEL: OK. I (INAUDIBLE).

QUESTION: Can you take the outsider or an African-American (INAUDIBLE) -

QUESTION: How do you change (INAUDIBLE) -

QUESTION: Can you answer that question, an outsider or an -

EMANUEL: (INAUDIBLE). Yes, I'll - let me - let me try to do all four of these.

I told - one, as I said, I am - I said in my remarks. I'm responsible. I don't - I don't shirk that responsibility. I have taken certain steps prior to this date. I'm taking steps today. As I told you, this is a work in process and finding a solution is not the end of the problem, it's the beginning of the solution towards the problem. I got you, Maryanne (ph), out of the corner of my eye. I got ya.

OK, just - let me just try to do this with also integrating France. So I - I wasn't - I don't know - I could do it on page 10 and repeat the line to you. I said, up front, before you even asked a question, I take responsibility and none of us are above it. Fran, to your question, the police - I'm not looking for a type, I'm

looking for a professional that can lead the department and make sure that they have a robust record of bringing results of public safety, and this is one of the areas - area.

QUESTION: (INAUDIBLE) Deval Patrick. He may have been born in Chicago. Has not lived here for many, many years. You called him a Chicagoan. Most would not agree with you. He's actually from Massachusetts now. Why not a Chicagoan lead this task force? Can I do a follow-up?

[12:20:04] EMANUEL: What a shock. Two things. One is, he is from Chicago.

QUESTION: (INAUDIBLE).

EMANUEL: OK. OK. That is correct. But he is a Chicagoan and also with a background as head of the civil rights division of the Justice Department. He is a former governor. And he has a unique perspective. He's not leading it. And as I said, he's an adviser to the commission. He is from Chicago and like all the other five who will be doing the day in and day out work.

QUESTION: Mr. Mayor -

QUESTION: What about your trip to Paris? Are you still going to Paris? Who's going with you? Is it a tax-payer funded trip? And will you have security that therefore is also paid by taxpayers?

EMANUEL: Right. Yes, I haven't made a decision yet whether I'm going to go based on my work -

(CROSS TALK)

QUESTION: Mayor, (INAUDIBLE) there's a widespread -

EMANUEL: What's that?

QUESTION: You had planned to go and all week your staff has been saying you're going. Why are you changing your mind?

EMANUEL: Well, obviously, by the answer, the answer would be, it's a question in - I haven't answered yet because I have serious work here. I happen to think the mission of climate change is serious work. And I'll weigh the equities of doing that. So I haven't yet answered that.

QUESTION: (INAUDIBLE) what about the calls for your resignation?

QUESTION: May people have suggested in the course of the (INAUDIBLE) that political considerations played a role in delaying the decision - the settlement - or having the settlement while you were engaged in a pretty tight race, and the video wasn't released while you were trying to run for re-election. Can you address those concern? And does it speak to, do you have things you have to do to regain trust, if there's that position?

EMANUEL: Well, again, let me say, I said it in my remarks but I'll repeat it. I work at that every day and I have a lot of work to do at that. And I try every day, some days are better than ever, in building the trust that we have as a city and as the mayor and the fidelity I have to the public that we're building a strong Chicago. I'm going to address it.

QUESTION: (INAUDIBLE).

EMANUEL: I'm going to - I'm going to answer all of your first five questions. Hold on.

Second is, as I think - I know Steve and the office has worked through the time line, but I think this is relevant. The family came forward on February 27th contacting the city. Within a short time we reached a conclusion. And within a short time it was taken to city council, even while the criminal investigation by the state's attorney is still ongoing, and even while the U.S. attorney's office is investigating the civil rights and other parts of this investigation. We, as a city, reached that conclusion.

As it relates to the video, I've both asked the commission, and I want to repeat, I said, a long time, that on the completion of the investigation, the video would be made public, which is exactly what happened, four hours after the conclusion of the investigation. Two, it is a common practice, not just here in Chicago, although we've had this practice in place for a long time, but across the country, that you don't release material that's essential to an investigation because it would compromise, taint or in some otherwise hinder that investigation. It is clear, based on this event, that between the public's desire to know, which is essential, and the integrity of investigation, you have to principles in conflict. I've asked the commission to update and ask some core questions, should we continue that practice of a default, should it actually be the responsibility not of the city, but of investigatory entities. They'll ask a series of questions to update a protocol that nobody has updated and other cities across the country not only have that protocol, are now challenging and asking some core questions. We have to do it.

QUESTION: Mr. Mayor, how can you build truth and transparency when it appears that the tapes have been tampered with? I mean are we ever going to get at the truth about what's happened to those - what happened to the audio on the tapes? What happened to the (INAUDIBLE)?

EMANUEL: I think - it goes again why I ask the - addressed the first part (ph), but let me repeat it. Or make this (INAUDIBLE) point. There are three elements to hear. There was a civil settlement, there was a criminal investigation that's now - charges have been brought, and there's an ongoing U.S. attorney/FBI investigation. Questions like it exist to the Burger King, the conduct at that point by the police department, other things that the police department took afterwards, all that will be - is being looked at by the Justice Department. And so when you say that, I would just say, there are three separate distinct parts, one was civil, one was criminal, one is civil rights and otherwise and they're all - and when they conclude a lot of what you're asking, totally legitimate, the will have the question - they will have the answers to those questions.

(CROSS TALK)

QUESTION: (INAUDIBLE) a distraction as well?

EMANUEL: Have I? Have I?

QUESTION: Have you and your (INAUDIBLE) a distraction?

EMANUEL: I don't - I'm responsible to the public to do the job of being a mayor and you earn that trust every day and -

QUESTION: Have you seen the video? Have you seen the video (INAUDIBLE)?

EMANUEL: Yes.

QUESTION: Just a second. Mr. - you say -

QUESTION: And if you hadn't seen it -

QUESTION: Excuse me. Mr. McCarthy had become a distraction.

EMANUEL: Uh-huh.

QUESTION: There are a lot of questions in this room about you and your office. Have you become a distraction as well?

[12:25:02] EMANUEL: Well, you'll make that judgment. I think I'm doing my job and I try to do it every day and do it in a professional way.

Monica.

QUESTION: Mr. Mayor -

QUESTION: Mr. Mayor -

QUESTION: What's the racial makeup of the task force?

QUESTION: Mr. Mayor -

QUESTION: Mr. Mayor -

EMANUEL: What's the racial make-up? OK. You - I think you have all the pictures, but I'll go through the - Laurie Lightfoot is an African- American woman. And you know her background as a former prosecutor. Randolph Stone is African-American. There's also a Hispanic individual. There's Joe Ferguson, who is obviously Caucasian. And then there's Hiram, who is also Hispanic.

QUESTION: Mr. Mayor, there's been academics from the University of Chicago, Yale, there's been a federal judge from "The Thin Blue Line" (INAUDIBLE) is a (INAUDIBLE). What are they studying? All of it's out there. Rule 14 when you talk about cop (INAUDIBLE) lives, they don't get punished. When you talk about misdemeanor - when you talk misconduct that's not violent, you're the guy who always just gets stuff done. Why not just make that stuff public the way you would say pass a budget or, you know, hand the CPS (ph)? EMANUEL: Well -

QUESTION: And we're not talking about fatal shootings.

EMANUEL: Let me say, I respectfully disagree with the analogy in this sense, Mark. Passing a budget or dealing with other things at the Chicago Public Schools is not the same as both dealing with a set of protocols and culture and earning the trust and confidence of the public in the police department and the oversight, the accountability that exists in the police department. You are right at one level, there's a lot of work. As I said before and I want to repeat, we are not unique in dealing with the issue of confidence and trust between a - communities of color in the city of Chicago with their police department. We do, like other cities, New York or other cities that -- Baltimore or Ferguson, Missouri, or Minneapolis or Cleveland, have something also unique to our city, which is why the five people I put together who have worked for years on this, in my - on this subject and on this question will hit the ground running because they have years of work. And in dressing and giving us a blueprint that, in my view, could sustain the effort of bringing a sustained level of change to a systemic set of challenges that exist. And so that's what their job is.

ASHLEIGH BANFIELD, CNN ANCHOR: Chicago Mayor Rahm Emanuel abruptly turning and leaving after fielding some very tough questions. You might call that officially having to squirm on national television. A very tough press corp. questioning the mayor of Chicago after he announced a couple of very important things in that city.

Number one, first and foremost, even though it wasn't first and foremost in the news conference, he has asked for the resignation of the superintendent of the police force in Chicago, Garry McCarthy. Number two, he has established a task force to look into the very issues that is plaguing that city right now. The death of a young 17- year-old man in the street after being fired on 16 time. He was holding a knife. The officer holding a gun. The officer charged with first-degree murder.

A couple of things to note in the press conference. Rahm Emanuel, the mayor of Chicago, say that he has the confidence in the work and the results of the Chicago Police superintendent. He said we have to build trust and confidence of the public and that the superintendent has become an issue and a distraction. He also says he has a loyalty to him, but that he has a bigger loyalty to the Chicago community. And that's why he asked for the resignation of the Chicago superintendent. One thing he did not say was if the superintendent accepted it.

I want to bring in our Ryan Young, who's our national correspondent based in Chicago right now, get some insights as well from CNN law enforcement analyst, former police chief himself, Cedric Alexander.

First to you, Ryan Young.

That was a very tough press conference. Those reporters were having a field day asking Rahm Emanuel himself, if the police superintendent has become a distraction, what does that make you? Walk me through what we've just learned.

RYAN YOUNG, CNN NATIONAL CORRESPONDENT: Well, a few things here. Those questions from reporters there, honestly, may be reflective of the people who were marching out here this weekend. They might not have even been tough enough for the mayor, according to the folks who were marching. In fact, we were told several times by people who were marching, they don't feel like the reporters here are speaking for - their voice. They wanted to go after the mayor a little harder. They wanted to know the information that he knew about this case and they wanted to (INAUDIBLE) know exactly when that - he saw the video for the first time.

[12:30:10] And if you woke up today in Chicago and get the "Sun Times," this was the article that was on the front of the paper