Another controversy under Sessions is the department’s apparent change in position over officer-involved shootings and police behavior. Though some have questioned Sessions’ decision to review consent decrees with cities over police misconduct, Wheeler said that under his watch, the division was committed to the issue.
“We were pushing really hard on police misconduct because it makes every cop look bad,” Wheeler said.
Asked about skepticism that the new administration would file charges against bad-acting police, Wheeler said he turned to the career attorneys.
“It’s not an administration thing,” Wheeler said. “The exact same career people were looking at those cases in the prior administration. … The political people come and go. The career people stay and the key is their consistency. In terms of decisions like that—decisions to bring charges—they’re career prosecutors. That’s what they do for a living. So you rely on the career prosecutors.”
Wheeler added that “there is a real difficulty to bring charges in some of these police shooting cases,” because of the burden of proof required. He said that in federal criminal cases, the prosecutors must show that there was an intent on behalf of the officer to discriminate based on race or gender.
“When you’re talking about proving the intent of the person in an incident that happens in 10 seconds, it’s very difficult to do,” Wheeler said.
Wheeler said he was confident that he was leaving the division in good hands as he headed back to his old firm.
President Donald Trump’s official nominee for the position, Jones Day partner Eric Dreiband, still awaits a confirmation hearing and Senate vote. Wheeler said he only met Dreiband a few times and did not know him well, but that it was important for the division to have a Senate-confirmed leader.
Wheeler’s deputy, John Gore, is now in the acting position. Gore is also a former Jones Day partner and represented the University of North Carolina in litigation over the so-called “bathroom bill.”
“John is a committed individual. He works well with the [division] members, not only with the front office staff but the sections, so he’ll do fine over there.”
In an emailed statement last week, DOJ spokesman Devin O’Malley praised Wheeler.
“We are grateful for his service and dedication to protecting the civil and constitutional rights of all individuals,” O’Malley said.
