DOJ Investigation Into Surveillance of #BlackLivesMatter Continues

In November, the Oregon ACLU, along with several other civil rights organizations, filed a complaint that alleged that employees at the Oregon DOJ were spying on activists and citizens who used the #BlackLivesMatter on Twitter. As GoLocal reported, Rosenblum admitted an investigator used an online search tool to search the hashtag.

“When I initially heard about this incident I was appalled,” Rosenblum wrote in a letter to the ACLU and others who had levied accusations against the DOJ last month. “I immediately ordered the Criminal Justice Division to stop the use of this online search tool, or any other similar tool.”

Rosenblum also said that an HR investigation would conducted, as well as investigation by Carolyn Walker, an attorney with Stoel Rives LLP, who will serve as a “Special Assistant Attorney General.”

Kristina Edmundson, a spokeswoman for Rosenblum, told GoLocal that the investigation should be completed by early 2016.

“There is no update on the investigation to share at this time,” Edmundson said. “We are hoping the investigation will be done after the first of the year”

Teressa Raiford, an organizer with Don’t Shoot PDX, told GoLocal that she was glad the Attorney General was investigating the matter.

“What they’re doing is highly illegal," Raiford said. "What ever happened to civil rights in Oregon? This is why we have the problems that we have. It’s a corrupt system that we have here in Oregon.”

Raiford also accused the DOJ of being hypocrites.

““They were the ones always saying we were breaking the law and it turns out they were the ones breaking the law the whole time,” Raiford said of the Department of Justice. “Oregon just got an “F” in corruption and ethics and this can show you why. This speaks to the leadership and the system that we have here in Portland and in Oregon. We have an upcoming election, and we need to get rid of the old and bring in the new. This is a corrupt system we have here, so it really isn’t surprising.”

Many activists have said they think the incident should be investigated not by the DOJ itself, but by the U.S. Attorney.

“I think an investigation by the U.S. Attorney would be entirely appropriate,” Adrienne Cabouet, an activist and organizer with Black Lives Matter, told GoLocal. “This is a civil rights issue. I think that it’s inappropriate to have the Department of Justice investigate their own misconduct, or to have a law firm paid by the DOJ to conduct the investigation.”

Raiford said that she is concerned about conflicts of interest regarding the investigation.

“I’m no attorney, but I don’t want anyone with a relationship with the Department of Justice conducting this audit,” Raiford said. “It can’t be done by someone who is employed on contracted by the Department of Justice. We need answers to a lot of questions here, even basic questions about who the person was that did this and who they were watching. We deserve answers to those questions.”

Ben Mauer, an activist with Black Lives Matter Portland and Don’t Shoot PDX, agreed.

“I absolutely think the U.S. Attorney’s Office should investigate,” Maurer told GoLocal. “It seems that some in law enforcement, including those in the Department of Justice, fundamentally misunderstand Black Lives Matter. Someone with that kind of misunderstanding shouldn’t be investigating this.”

Don’t Shoot PDX hired an attorney, Bronson James, who told GoLocal the case could still be referred to federal prosecutors.

"There are some questions that need to be answered," James said. "We need to find out whether this was an isolated incident or an ongoing action. Whether this was someone doing something on their own or following an authorized directive from the Department of Justice. This is a very serious matter, and those questions need answers before we can go forward. This case may still be referred to the U.S. Attorney depending on what we do or don’t learn from these investigations. There could also be civil suits coming."

Edmundson, with the Oregon Department of Justice, said that, depending on what is revealed by the internal audits, the case may be further investigated by other law enforcement agencies.

“An investigator has been hired by the Attorney General to advise Oregon DOJ of next steps and to conduct a full audit,” Edmunson told GoLocal. “We still need a lot more information on the matter before we can determine future actions.”

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