Hearing of the House Committee on the Judiciary- Jena 6 and the Role of Federal Intervention in Hate Crimes and Race-Related Violence in Public School

Interview

Hearing of the House Committee on the Judiciary- Jena 6 and the Role of Federal Intervention in Hate Crimes and Race-Related Violence in Public School

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REP. JERROLD NADLER (D-NY): Thank you.

My first question will go to Ms. Krigsten. You've testified, and we have plenty of reports that federal officials examined how Jena High School administrators administer discipline.

These officials did not find it unusual that the students responsible for hanging the nooses were disciplined only with suspension, punishments that were awarded by the school superintendent who overruled the principal's original expulsion recommendation.

Did federal officials find that the decision to expel the Jena Six for a school fight was a proper and equitable punishment?

MS. KRIGSTEN: As you mentioned, there was immediate discipline in this case after the students who hung the noose were identified. One of the things that the department is doing is reviewing that discipline in light of other discipline that has been meted out in other situations. So the first part of my answer is that the educational opportunities section in their review of the federal desegregation order will be looking at this very issue.

The second thing that I want to point out is that the federal -- the decision not to pursue charges in this case was not based on a decision whether expulsion versus suspension was a appropriate penalty. The judicial system did not ever reach that particular issue.

REP. NADLER: Thank you. Now Title IV of the Civil Rights Act prohibits discrimination by public elementary and secondary schools and public institutions of higher learning. In a meeting with members of Congress, several Jena parents complained that the LaSalle Parish school board did not respond to their complaints about the racial climate at the high school. Has the Civil Rights Division opened a Title IV investigation to determine whether there's a statutory federal role in calming the racial climate at the school?

MS. KRIGSTEN: At this time the Civil Rights Division is using all of the tools at its disposal to address issues in Jena. One of those tools as I've mentioned is a review of the federal desegregation order. At this time that is the step that the department is taking to review all of the issues surrounding the school.

If it is discovered that there are violations of that order, or additional violations of law, the department will take appropriate action.

REP. NADLER: Thank you.

Mr. Washington, in your testimony you stated that the department declined to pursue charges in the Jena High School noose incident after learning that the nooses had been hung by juveniles. Earlier reports indicated that the department did not bring hate crime charges because the incident failed to meet the quote "threat of violence requirement."

For the record, can you please state -- well, did the noose incident meet the federal hate crime requirement, and, but for the offending juveniles, might hate crime charges have been pursued?

MR. WASHINGTON: Yeah, I think you might be reading an old media report where some misunderstanding occurred. There was discussion about the elements of the hate crime given this particular circumstance. And we had let's say disagreements over the strength of the evidence to support various elements of the crime.

But to answer your question directly, if this -- if these acts had been committed by others who were not juveniles, this would have been a federal hate crime. We would have moved forward, and at the end of the day we still would have had our maybe disagreement over the strength of the evidence. But nevertheless, it would have -- it would have moved forward.

REP. NADLER: Well, thank you. I have two other questions for you.

The Jena situation has spawned a series of other incidents. A truck driven on the road trailing nooses, for instance, was reported. Are there other federal statutes other than 18 USC 8245 that we referred to a moment ago that could be used to prosecute hate violence?

MR. WASHINGTON: Yes. The -- there is a series of statutes under the United States Code, among them including 18 USC 241, 242, 245, 247 for church property and things of that sort. Yes, there are, sir.

REP. NADLER: And finally, do you think that there's anything that we could do in strengthening those in light of your investigation and anything? Should Congress amend or strengthen these existing statutes?

MR. WASHINGTON: I think two things are -- would have to occur there. First, what's occurring inside the civil rights division is that -- you know, we're asking ourselves those same kinds of questions. So we will -- I'm sure the Department of Justice will bring those ideas to Congress as they blossom.

And secondly of course any ideas that this committee might have we would certainly entertain them and take them back and review and discuss them further.

REP. NADLER: Thank you, Mr. Chairman.

Just before my time expires, I simply want to note that we've been joined by someone from my city, a very distinguished citizen and witness, the Reverend Al Sharpton.

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