For two Virginia police officers who posed for a photo during the deadly US Capitol uprising, the calculation was quick and public: they were identified, accused of crimes and arrested.
But for five Seattle officials, the result is less clear. Their identities are still secret, two are on leave and three are still working while a police watchdog investigates whether his actions in the country’s capital on January 6 crossed the line of protected political speech for violating the law.
The contrasting cases highlight the dilemma faced by police departments across the country when reviewing the behavior of dozens of police officers who were in Washington on the day of the riot by supporters of President Trump. Officials and experts agree that the officers involved in the confusion should be dismissed and charged with their duties.
But what about the officers who attended only Trump’s rally before the riot? How does a department balance an official’s freedom of expression rights with the blow to public confidence that comes from the presence of police at an event with far-right militants and white nationalists who attacked the seat of American democracy?
An Associated Press survey of law enforcement agencies across the country found that at least 31 police officers in 12 states are being examined by their supervisors for their behavior in the District of Columbia or facing criminal charges for participating in the rebellion. Authorities are investigating whether police officers violated any law or policy or participated in the violence while in Washington. A Capitol Police officer died after being hit in the head by a fire extinguisher when protesters stormed the building and many other policemen were injured. One woman was shot dead by the Capitol Police and three others died after medical emergencies during the chaos.
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Most officers were not publicly identified; only a few were charged. Some have been identified by online detectives. Others were denounced by their colleagues or surrendered.
They come from some of the largest cities in the country – three Los Angeles police officers and a deputy sheriff, for example – as well as state agencies and a Pennsylvania police department with nine officers. Among them are an Oklahoma sheriff and a New Hampshire police chief who acknowledged being at the rally but denied entering the Capitol or breaking the law.
“If they were off, it’s totally free of expression,” said Will Aitchison, a lawyer in Portland, Oregon, who represents law enforcement officers. “People have the right to express their political views, regardless of who is next to them. You just don’t get blamed for membership.”
But Ayesha Bell Hardaway, a professor at the law school at Case Western Reserve University, said the presence of a police officer at the rally creates a credibility problem, as law enforcement agencies work to restore community confidence, especially after last summer’s protests against police brutality brought about by the deaths of George Floyd and Breonna Taylor.
Communities will question the integrity of the officers who participated in the rally along with “individuals who proudly profess racist and divisive views,” she said. “This calls into question whether these policemen are interested in getting involved in policing in a way that builds trust and legitimacy in all communities, including communities of color.”
Officers Jacob Fracker and Thomas Robertson took a selfie inside the U.S. Capitol during an insurrection. Fracker is a member of the National Guard, the Army said on Friday.
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In Rocky Mount, a town in Virginia with about 1,000 inhabitants, sergeant. Thomas Robertson and Officer Jacob Fracker face criminal charges after posting a photo of themselves inside the Capitol during the riot. According to court records, Robertson wrote on social media that “the left is crazy because we really attacked the government which is the problem … The right ON ONE DAY took out f (asterisk) (asterisk) (asterisk) (asterisk) ) US Capitol. Keep poking us. “Robertson said Rocky Mount is firing the cops, the Roanoke Times reported on Sunday. The police were suspended without pay until Friday.
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Attempts to contact the police have been unsuccessful and court records do not list the lawyers. Rocky Mount leaders declined to be interviewed. In a statement, they said the events on the Capitol were tragic.
“We support and add our support to those who reported the violence and illegal activities that occurred that day,” said police chief Ken Criner, Captain Mark Lovern and city manager James Ervin. “Our city and our police department absolutely do not tolerate the illegal or unethical behavior of anyone, including our officers and employees.”
Across the country, five Seattle police officers are being investigated by the city’s Police Accountability Office. Two police officers posted photos of themselves on social media while in the district and authorities are investigating to determine where they were and what they were doing. Three others told supervisors that they went to Washington for the events and are being investigated for what they did while they were there.
Seattle Police Chief Adrian Diaz said his department supports the freedom of expression of police officers and that those in the nation’s capital will be fired if they “are directly involved in the US Capitol insurrection”.
But police leaders need to assess more than just plain criminal behavior, according to Chuck Wexler, executive director of the Police Executive Research Forum, a policing research and policy group. They must also consider how their actions affect a department’s credibility, he said.
Officers’ First Amendment rights “do not extend to expressing words that can be violent or perhaps express some prejudice,” said Wexler, “because that will reflect what they do when they are working, when they are testifying in court.”
During the summer and fall, the Seattle police – along with other officers – were criticized for handling mass protests against police brutality after George Floyd’s death. The city has received more than 19,000 complaints against police officers, the majority for excessive use of force and improper use of pepper spray.
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Andrew Myerberg, director of the Seattle Police Accountability Office, said that none of the officers now under investigation were involved in these cases.
But Sakara Remmu, co-founder of Black Lives Matter Seattle / King County, said officers should be fired anyway. Her public statements of solidarity with Trump foment not only the community’s distrust, but the terror of the entire department, she said.
“It is absolutely important when the decorum of the racial peace and racial hatred cracks appears, because we already have a documented history and a legacy of what this means in this country,” said Remmu.
In Houston, the chief of police convicted a police officer who resigned and was later charged with the riot. An attorney for officer Tam Pham said the 18-year-old veteran of the force “was very sorry” to be at the rally and was “deeply sorry”.
But many chiefs said their officers did not commit crimes.
“The Arkansas State Police respect an employee’s rights and freedom to use their vacation time as they choose,” department spokesman Bill Sadler said of two officers who attended the Trump rally.
Malik Aziz, the former president and executive director of the National Black Police Association, compared the condemnation of all police officers in Washington to accusing all the protesters who took to the streets after George Floyd’s murder with the violent and destructive acts of some.
Major of the Dallas Police Department, Aziz said that the police acting privately have the same rights as other Americans, but that attending an intolerant event should be disqualifying for a police officer.
“There is no place in law enforcement for that individual,” said Aziz.