WASHINGTON (AP) — Jim Pasco, the executive director for the Fraternal Order of Police, was watching football on a Sunday afternoon when he got a call from Susan Rice, the top domestic policy adviser at the White House.
Negotiations over an executive order to address racism and policing were in danger of breaking down after a draft was leaked that law enforcement groups believed was too harsh toward officers. Now Rice was looking to get things back on track.
“She said they wanted to start over,” Pasco said as he looked back on that day earlier this year. “And they wanted to deal with us in total confidence.”
He agreed. The result was the executive order that President Joe Biden signed last week during a ceremony that, improbably, brought together law enforcement leaders, civil rights activists and families of people who had been killed by police.
“This is a moment where we have come together for something that is not perfect, but it’s very good,” Rice said. “And it moves the needle substantially.”
No one who believes that American policing needs to be overhauled — including the president himself — thinks the final order goes far enough. It does not directly affect local departments, which have the most interactions with citizens, nor does it necessarily represent permanent change. The next administration could swiftly undo it.
However, many civil rights advocates consider it an important step forward, and maybe even a building block toward more expansive legislation that has so far been elusive.
“We have to keep the dialogue going,” said Marc Morial, president of the National Urban League. “And I think this helps create the sense that we can talk, and if we do talk, we’ll find some common ground.”
A NEW STRATEGY
Biden’s original hope was for Congress to pass bipartisan legislation named for George Floyd, the Black man who was murdered by Minneapolis police during an arrest in 2020.
However, the first anniversary of Floyd’s death passed last year without a deal, and negotiations eventually broke down. White House officials began focusing on a potential executive order.
Previous presidents, too, have attempted to make improvements to America’s law enforcement system, but Biden faced particular pressure to find the right balance.
During his campaign, Biden met with Floyd’s family and pledged to make racial justice a core part of his administration.
He also had longstanding relationships with police and their unions. And he didn’t want to be at odds with law enforcement when crime was a growing concern for the country, not to mention an issue ahead of this year’s midterm elections.
After preliminary meetings, a draft of the order took shape, and it was circulated among various federal agencies. Then a leaked copy was posted online by the Federalist, a conservative website, in January.
“Everyone went ballistic,” Pasco said. Not only did law enforcement groups dislike various parts of the draft, they felt like the administration hadn’t adequately listened to their perspective.
Rice worked the phones to calm nerves, opening a new chapter in the negotiations.
In addition to Rice’s team, Justice Department officials and the White House counsel’s office under Dana Remus worked through the details. Rep. Karen Bass, D-Calif., Sen. Cory Booker, D-N.J., and Sen. Dick Durbin, D-Ill., were involved as well.
Senior administration officials described a sort of shuttle diplomacy, and they met separately with civil rights advocates and law enforcement groups while trying to keep everyone on the same page. Long days were fueled by Hershey’s Kisses, M&Ms and whatever else that could be scrounged from White House desks.
Chuck Wexler, executive director of the Police Executive Research Forum, an independent policy organization, said that in Washington, “people give you lip service.” But in this case, “we had hours of discussions, very substantive discussions, about some of the issues…
Read More: How Biden, cops and advocates forged deal on police and race