Former DOJ Civil Rights Chief Pushes Back on Sessions' Critics
The division faced a number of civil rights enforcement controversies under Tom Wheeler, who is now back at his old firm after leaving the Justice Department last week.
August 03, 2017 at 03:02 PM
17 minute read
Back in private practice after six months as acting head of the Justice Department's Civil Rights Division, Tom Wheeler is confident the DOJ's leadership is committed to civil rights.
Wheeler, now a partner at Frost Brown Todd, was the acting head of the division from January until he stepped down last week. The move came amid what Wheeler conceded was a tumultuous period at the division after reversing Obama-era positions on LGBT discrimination, voting rights and police misconduct. Wheeler added some of the criticism of the DOJ under Attorney General Jeff Sessions is misguided, and praised the career attorneys still there.
“There's a misconception that there's not going to be continued enforcement in civil rights,” Wheeler said. “Priorities may shift, but there's going to be a continued focus on enforcing civil rights within the division and within the department.”
Sessions has faced increasing criticism from progressive groups and civil rights organizations over his policies as attorney general, as well as from Trump himself. Wheeler declined to comment on the president's tweets last week criticizing the attorney general, but said Sessions is “extraordinarily compassionate” and “cares deeply about the Justice Department and the rule of law.”
Asked whether the criticism has affected the career attorneys, Wheeler said they remain committed to their mission. Trump has also criticized career government employees in general over leaks to the media. Wheeler said to “wave aside everything you hear about leaks.”
“They're professionals,” Wheeler said. “People at DOJ, like anybody else, have their own opinions about politics, about policy, but what they do that's great is, they pull together and they implement what is being directed from the top.”
Wheeler joined the DOJ in January, after working under now-White House Counsel Don McGahn on Donald Trump's presidential campaign. He worked as general counsel to now-Vice President Mike Pence when he was still the governor of Indiana.
Wheeler said he always intended to leave his acting role at the DOJ and return to private practice, where he focuses on helping universities and schools prevent bullying, teen suicide and drug abuse. His wife is a pediatrician in Indianapolis, so moving to D.C. was never an option, Wheeler said. He's spent Mondays through Thursdays on the East Coast since January, and returned home to Indiana every weekend.
Wheeler focused on investigating and prosecuting hate crimes while at the department. He stressed he had “100 percent support” from Sessions to do so, pointing out that it was Sessions who pushed for further investigation into the recent murders of transgender people.
Wheeler's work included supervising the hate crime prosecution of Adam Purinton, charged with shooting of two Indian men in Kansas City, Michael Kadar for allegedly making bomb threats to Jewish community centers, and Dylann Roof, convicted of killing nine black parishioners in a church in Charleston, South Carolina.
Wheeler never handled criminal cases prior to joining the DOJ, but he said it's the kind of work that shows the agency's independence from political leanings.
“There shouldn't be politics in the criminal [work],” he said. “There's bad people. I oversaw the death penalty phase for Dylann Roof. There's not a lot of argument about that situation.”
Still, politics has appeared to play a role in many of the department's actions since January. Wheeler left the DOJ the day after helping author a friend-of-the-court brief arguing civil rights laws don't protect gay and lesbian employees from sexual orientation discrimination in the workplace. The position was at odds with other federal agency interpretations, including the Equal Employment Opportunity Commission. Wheeler declined to comment on the brief since the private civil suit is still pending in the Second Circuit.
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.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllWhy ACLU's New Legal Director Says It's a 'Good Time to Take the Reins'
8th Circuit Appeal Could Weaken Key Defense in Disability Bias Cases, Employment Lawyers Say
Michael Cohen Loses Bid for Supreme Court Review of Civil Rights Lawsuit
ACLU's Strangio Will Become First Openly Trans Attorney to Argue at Supreme Court
Trending Stories
- 1Cars Reach Record Fuel Economy but Largely Fail to Meet Biden's EPA Standard, Agency Says
- 2How Cybercriminals Exploit Law Firms’ Holiday Vulnerabilities
- 3DOJ Asks 5th Circuit to Publish Opinion Upholding Gun Ban for Felon
- 4GEO Group Sued Over 2 Wrongful Deaths
- 5Revenue Up at Homegrown Texas Firms Through Q3, Though Demand Slipped Slightly
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250