Eric Holder Uses Bogus “Disparate Impact” Statistics To Frame DOJ Ferguson Report

From the beginning of Eric Holder’s tenure as DOJ head he has used the cloudy social engineering concept of “Disparate Impact” to advance his civil rights position(s).

Not coincidentally the same DOJ, during the same AG tenure, has fought religiously to keep each case that used Disparate Impact (as legal standing) from reaching higher courts.

holder and obama

The reasoning is quite simple, “disparate impact” as a legal standard, while it might win you positional standing to drag a party to court, fails the “common sense standard” almost every time it is challenged.

“Disparate Impact” uses statistics of consequences to argue the legality of intent.

As an actual example, using real life current employment law, the application of “disparate impact” means it is unlawful to apply ‘legal work eligibility’ as a qualification for employment. Why? Because as a consequence of applying a standard where “you must be legally eligible for employment”, the standard itself has a “disparate impact” on Latino or Hispanic applicants – because Latino and/or Hispanic applicants are at greater likelihood to be ineligible as a consequence of their immigration status.

The statistics of “Disparate Impact” when applied to employment eligibility make it illegal to require “Legal/Eligible Work Status”. This is the Law. This is the current law as applied using the sketchy concept.

holder,%20sharpton%20%20ap_0If any employer is found to be qualifying employment eligibility based on lawful work status, they are subject to penalty or legal action by the EEOC. If an employer tries to challenge the EEOC determination, the EEOC will tie you up in legal challenges and mount daily fines (all which must be paid within 30 days) as a tool to keep you from actually defending yourself in court.

In short, traditional EEOC rules (1964 civil rights act etc.) insured equality in opportunity – The modern EEOC rules (using disparate impact) try to insure equality in outcome.

So it comes as no surprise to find the recent Eric Holder DOJ has applied the same sketchy legal concept to their review of Ferguson’s LEO practices.

(Via Investors business Daily) Racial Politics: Unable to pin racism charges on Ferguson policeman Darren Wilson in the shooting death of Michael Brown, Attorney General Eric Holder is using half-baked data to manufacture a case of racism against his entire police force.

Holder’s race-baiting civil rights crew combed through several years of Ferguson Police Department data on traffic stops, searches and arrests and “found a pattern of racial disparities in Ferguson’s police activities.”

“African Americans are overrepresented in FPD’s vehicular stops” and victims of “racial bias,” Holder concludes in his report.

He notes that blacks accounted for 85% of vehicle stops, “despite comprising only 67% of Ferguson’s population,” while whites made up 15% of stops, despite representing 29% of the population.

So there you have it, a slam-dunk case of racism, right? Hardly.

Outrageously, the nation’s top prosecutor failed to control for factors that explain the racial “disparity” in traffic stops, such as speeding, DUI, expired license plates, headlight, seat-belt and child-restraint violations and other reasons for being pulled over.

Holder’s own department statistics show that African Americans, on average, violate speeding and other traffic laws at much greater rates than whites.

The Justice Department’s research arm, the National Institute of Justice, explains that differences in traffic stops can simply be attributed to “differences in offending.”

Duh. For another example, “Seat-belt usage is chronically lower among blacks,” the NIJ says in a 2013 study. “If a law enforcement agency aggressively enforces violations, police will stop more black drivers.” (read more)

Black Lives Matter 2

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This entry was posted in BGI - Black Grievance Industry, Big Stupid Government, Cultural Marxism, Dem Hypocrisy, Dept Of Justice, Mike Brown Evidence, Mike Brown Shooting, Notorious Liars, Occupy Type Moonbats, Police action, Political correctness/cultural marxism, Professional Idiots, propaganda, Racism, Typical Prog Behavior, Uncategorized, White House Coverup. Bookmark the permalink.

58 Responses to Eric Holder Uses Bogus “Disparate Impact” Statistics To Frame DOJ Ferguson Report

  1. Sentenza says:

    Here’s the image URL

    Like

  2. Dixie Darling says:

    From a commenter at the “read more” link:

    In reviewing the DOJ report on the Ferguson police department, I am left with the impression that most of the anecdotal incidents came from people who were the subject of police department arrests or inquiries, and that the DOJ did not even ask for the officers’ version of events. For example, these phrases are from the report:

    “We spoke, for example, with an African-American woman…
    “An African-American man recounted to us…
    “Our conversations with community members…
    “According to the boy, with whom we spoke...
    “We spoke with one woman…
    “We spoke with one woman…
    “We spoke with one woman…
    “consistent with reports from community members…
    “We spoke with one African-American man…
    “African Americans in Ferguson told us…
    “an African-American man alleged…”

    Not one of these statements was followed by anything like “We asked the officer about the incident…”

    Wouldn’t it seem reasonable that since the DOJ went beyond the reports to speak with the people who were the subject of police department arrests or inquiries, that they would also speak with the officers? Why didn’t the investigators ask the officers if the version the DOJ got from the citizens was accurate? Why wouldn’t they want the officers’ responses in the DOJ report?

    Liked by 6 people

    • nivico says:

      …and if I’m understanding the situation correctly, those anecdotal accounts came from the plaintiffs in the frivolous $40 million dollar federal lawsuit that was filed against the FPD last August.

      Liked by 3 people

      • Chip Bennett says:

        A litany of anecdote proves absolutely nothing about the department as a whole – and that said anecdote was all one-sided is even more egregious.

        (Bear in mind that the source of that anecdote also comprised the vast majority of the “Hands Up, Don’t Shoot” narrative propagators. I’m sure they were 100% truthful in retelling their incidents, right? Right?!?)

        Liked by 4 people

    • benzy says:

      The DOJ report itself has a “disparate impact” on the Ferguson Police Department and does NOT address any of the potential reasons for the variance in arrest numbers versus demographic representation in the community. (Nor does it even pretend to address the fact that not every ticket issued by the Ferguson Police Department was issued to a resident of Ferguson, Missouri) IF the DOJ wants to argue “disparate impact” that should be a two-way street!

      Liked by 1 person

      • Anubis says:

        They should head to leftist bastion San Francisco where blacks are only 5% of the population but 60% of the criminals. That’s even more disparate

        Like

      • o says:

        Too bad that while M.Kelly on FNC was willing to address the false narrative of hands up don’t shoot she dismissed any disagreement of the disparate impact (false) narrative.

        Like

    • o says:

      The racist agitation from the O cabal resulted in millions of dollars worth of damage to the businesses in Ferguson. How they ever thought this would a good thing is beyond me. We all got to see the videos of the crowds of ‘good citizens’ pouring into boarded up storms causing untold damage and mayhem. Try as Holder wished, there is no way to put lipstick on that pig.

      Like

  3. SeekerofTruth says:

    Excellent, thanks for sharing.

    Like

  4. nivico says:

    The good news is that ‘disparate impact’ was slapped down as “chutzpah” this past November by a U.S. District Court judge and the issue is currently being heard by the Supreme Court in “Texas Department of Housing and Community Affairs v. The Inclusive Communities Project” with a decision expected in June or July.

    “Scalia told Daniel that racial disparity is not the same as racial discrimination, which requires someone to “intentionally exclude” someone else based on her race. Most players in the National Football League, he observed, are black, but that’s not discrimination. You are arguing, Scalia said to Daniel with obvious disapproval, that a racial disparity is enough to make a policy unlawful.”

    http://www.scotusblog.com/2015/01/justice-scalia-keeps-both-sides-guessing-in-fair-housing-act-case-in-plain-english/

    Liked by 11 people

    • sundance says:

      Great comment, thanks. I don’t have the cases at my fingertips but just about every “disparate impact” case the DOJ has brought, has failed.

      They used the sketchy concept against a couple of university application processes and failed there too, though it took -and takes- a long time to get to the correct outcome.

      Liked by 4 people

      • nivico says:

        One of the more disturbing recommendations in the DOJ report is that fines should be reduced in the cases of repeat offenders who already have outstanding fines that they haven’t paid yet…

        …in other words, bulk discount pricing for chronic offenders.

        Might as well issue them ‘most valued customer’ key fobs and rewards cards to swipe when they enter the court house that spits out coupons based on ‘customer’ history like Food Lion.

        Liked by 5 people

        • pspsst says:

          Ahhh, it was the Loyalty Program of Frequent Offenders that underpins the 1.37 ratio of black speeding (to get away from cops and drug mafia) and driving-while-sitting-too-far-back-in-drivers-seat (to hide from cops). LOL. The offenders also refuse to wear seat belts because it was delay their getaway from their car.

          Liked by 3 people

    • I am so happy to see that someone out there understands that “disparate impact” is a dangerous, false concept borne in the halls of academia.

      Liked by 2 people

  5. texan59 says:

    Any good statistician can take three numbers and come up with any answer you want. For enough $$$$$

    Liked by 1 person

  6. TheLastDemocrat says:

    Abortion has a disparate impact on the Black community. While about one in six babies are aborted in the white community, one on three are aborted in the Black community.

    This decreases voting power of the Black community, and reduces the number who can attend college or get employed.

    Liked by 1 person

  7. seeingeye2 says:

    I used to be undecided about Bill O’Reilly on Fox, but now I’m off him forever!! He thinks the DOJ is right about Ferguson PD and that Crump is a “stand-up” guy. What kind of blinders is he wearing?

    Liked by 6 people

    • Dixie Darling says:

      He has gone rogue, over to the other side. He’s keeping it pithy trying to impress zero because he wants more interviews. IMO, he thinks he’s clever and his interview style has gone from bad to worse because he talks more than he listens.

      Liked by 5 people

    • d'hack says:

      I saw him say that myself! I couldn’t believe it. He’s not nearly as smart as he thinks he is! What a ridiculous thing for him to say…

      Like

  8. striket1977 says:

    Wow! Watched Bill O Reilly tonight for the first time in a long time. Needless to say I’ll never tune him anymore. He actually praised Benjamin Crump for being a “family man” among other pleasantries. He also stated matter-of-factly that police purposely targeted black individuals.

    Liked by 5 people

  9. justfactsplz says:

    I hope the aggrieved black community members of Ferguson gets an all black police force. It will be a small force for lack of qualified black applicants. Let them see how that works out for them. Response time to their 911 calls will be slow due to a smaller force. Let them live without the rebuilding of the businesses they looted and burned, .Let there be white flight. They deserve it.

    Liked by 4 people

    • smiley says:

      exactly
      when merit, skill and training for a job are replaced by race alone as a qualification, the resulting performance of that job will also be racially tainted.
      holder is trying to intimidate LE into basically ignoring black crime/criminals, assuming that the more they are employed as LE, the more “just” they will be…
      so it also puts the onus of obeying the law..or politicallycorrect behavior.. on the backs of LE !
      get whitey
      that’s the bottom line w/ him.
      fundamentally transforming law/enforcement

      Liked by 1 person

      • justfactsplz says:

        Holder is purging the law enforcement agencies across America like Obama is purging our military. There will be no one left to defend us. We must plans how to take of our families for what lies ahead.

        Like

  10. sundance says:

    Liked by 3 people

    • froggielegs says:

      He fails to mention Anthony Gray being the police chief in Pine Lawn

      Liked by 2 people

      • nivico says:

        Wonder if Crump & Parks will try to get him removed from the case like they did the attorneys for Tamir Rice’s family…???

        Like

        • froggielegs says:

          Actually Tamir Rice family has another local attorney Walter Madison. (He defended one of the Steubenville rapists Ma’lik Richmond). They have to have at least 1 attorney that is local because they are not licensed to practice law in Ohio or Missouri.

          Like

          • nivico says:

            Correct… I should have said removed and swapped out for a different local MO attorney.

            To be fair to P&C, Gray is a liability to their case considering his own ‘disparate impact’ numbers as police chief of Pine Lawn are worse than the department they are filing suit against.

            And wouldn’t it be hilarious to see him called as a witness for the defense as a neighboring police chief and asked to explain how his own disparate statistics do not represent racial discrimination 😉

            Like

            • froggielegs says:

              Here’s another interesting article about Anthony Gray, Pine Lawn and Ferguson…

              “The suit says Pine Lawn provided up to 10 police officers for “riot control” in Ferguson. However, in November, when the decision of the grand jury in the Michael Brown case was announced, Gray allegedly told Blakeney that “he wanted no Pine Lawn officers in Ferguson.”

              Blakeney claims Pine Lawn officers received supplies and months of training to assist Ferguson police, but Gray didn’t want them there after the grand jury decision was announced. Blakeney says he told Gray he had a conflict of interest, but Gray said there was no conflict.

              Before becoming Pine Lawn’s equivalent of a police chief, Gray was the city prosecutor, a critical role in the town’s approach to collecting massive amounts of money through its municipal court. He has now resumed his role as the town’s prosecutor. In 2013 and 2014, Pine Lawn collected $3.5 million in court fines and fees, which accounted for almost half the city’s general revenue.”

              http://www.stltoday.com/news/local/govt-and-politics/article_c782e651-9389-507e-8d74-11a86ac590bb.html

              Like

              • nivico says:

                “Blakeney claims Pine Lawn officers received supplies and months of training to assist Ferguson police, but Gray didn’t want them there after the grand jury decision was announced.”

                Oh what a tangled web…

                If he had sent officers to help with riot control as he should have, he could have been named as a co-defendant and would have had to recuse himself as the Brown family attorney. Of course that would mean P&C would have also been out since Gray is the attorney hosting them in the case pro hac vice.

                So the question folks should be asking, McCulloch especially, is whether police services were withheld from the public to protect the police chief’s own personal and financial interests moonlighting as the Brown family attorney.

                Liked by 2 people

                • froggielegs says:

                  “If he had sent officers to help with riot control as he should have, he could have been named as a co-defendant and would have had to recuse himself as the Brown family attorney. Of course that would mean P&C would have also been out since Gray is the attorney hosting them in the case pro hac vice.

                  So the question folks should be asking, McCulloch especially, is whether police services were withheld from the public to protect the police chief’s own personal and financial interests moonlighting as the Brown family attorney.”

                  OMG I didn’t even think of that!!! Now that’s a story that needs to be put out there far and wide and someone in the media needs to pose that question!!!

                  Liked by 1 person

              • froggielegs says:

                I added the wrong link regarding Gray not allowing Pine Lawn police to go to Ferguson Here is the correct one…

                http://www.kmov.com/news/investigates/Attorney-for-Michael-Browns-family-was-also-head-of-troubled-police-department-290378321.html

                Like

          • nivico says:

            This is what I was talking about, Froggie…

            Samaria Rice and her uncle, Michael Petty, met with Malik and Kucharski Dec. 4, the day after Tamir’s funeral, and agreed to file a lawsuit the next day, the motion says. The suit was filed, but Samaria Rice and Petty missed a meeting the following day. Kucharski tried to hold another meeting, but one was never set up.

            Kucharski then learned that Samaria Rice would appear on “Good Morning America” on Dec. 8 with Crump and that she did not want Malik or Kucharski to represent her. A phone conference was set up between the four attorneys for Dec. 10, but Crump and Madison did not call in, the motion says.

            http://www.cleveland.com/court-justice/index.ssf/2014/12/attorneys_who_filed_suit_again.html

            Liked by 1 person

  11. czarowniczy says:

    Holder and the DoJ couldn’t deliver actionable objective steak in the form of a sacrificial cop so they had to serve up some smoke-and-mirrors subjective ‘the cops be racist’ sizzle. If they ginned up some charges against Darren Wilson it would surely have to go to court and I believe they felt they couldn’t bake a tasty enough lie to pass the court. They’ve failed in a number of attempts to lynch police and a failure in something as notable as this would have been disastrous.
    \ On the other hand, their standard crowd of BGI-types would eat up some more official ‘the cops all be racist’ propaganda and the supporters of Officer Wilson would just be glad the DoJ didn’t steamroller him as a public sacrifice. They could blame their failure to offer up a burned-white-police sacrifice to the aggrieved Usual Suspects as yet another example of the perfidious behind-the-scenes machinations of the Blue-eyed Devils.
    Then again I may just be over-thinking this.

    Like

  12. BertDilbert says:

    I watched the Holder video.

    He complains about FY 2015 revenue projections for fines and fees verses FY 2010. But the city has to pay for the increased police presence that was incurred over Mike Brown and somebody has to pay for that. The city probably has very little sources from which to generate revenue. Perhaps Holder in his wisdom could have recomended avenues for revenue generation that could be subsituted.

    Like

  13. MouseTheLuckyDog says:

    I just hope Ferguson forces the DoJ to sue.

    Like

    • John Galt says:

      Very protracted settlement negotiations followed by very protracted litigation could easily run out the clock on the Obozo administration.

      Like

      • doodahdaze says:

        I doubt the city will be involved in the sebbledent negotiations. It will be the inshooance company. The city and Wilson will have no say in the matter i don’t think. None at all.

        Like

  14. True Colors says:

    There are plenty of good explanations for the percentages which have nothing to do with racial discrimination.

    Also, I have heard that most of the middle aged and younger white people have been bolting from Ferguson for many years. This means that the white people left behind tend to be older, retired types. OF COURSE they get pulled over less often and get arrested less often. Duh. It’s not a skin color thing, it’s an age thing.

    Also, when they say that Ferguson has X% of black residents, and that Y% of traffic stops are black people, they are wrongly implying that Ferguson police deal strictly with Ferguson citizens. That is baloney. There could easily be black gang members coming to Ferguson from other towns.

    Cities such as Detroit and Atlanta have black people in charge of everything, but yet, there are still a lot of tickets being written to blacks, lots of black on black murders, and lots of black people being arrested.

    Lastly, and my most favorite argument in all this, is that the black population of Ferguson has been surging upwards for decades. Now If the town of Ferguson were indeed so extremely raacist against black people, then the percentage of them should be going DOWN, not constantly up.

    TC

    Liked by 3 people

  15. Survivor says:

    Obama looks more and more like his Father, Frank Marshall Davis, head of the communist party of Hawaii and lifelong best friend of Grandpa Dunham every day. Even the labial wrinkles are exactly the same.

    Liked by 2 people

  16. doodahdaze says:

    I was sued once by a slip and fall scammer. He faked a fall in my driveway. He sued me and my insurance company. My insurance company provided the lawyer and I had zero input in to whether or not they paid off. I fought like hell to not settle and go to trial. They settled and I am still mad to this day about it. It never saw a courtroom or a judge.

    Liked by 1 person

  17. Harry B says:

    Ferguson is 67.4% black. http://quickfacts.census.gov/qfd/states/29/2923986.html

    In the United States blacks who are 13.2% of the population. http://quickfacts.census.gov/qfd/states/00000.html

    Blacks have a higher rate of crime in the United States than 13.2% in ALL categories with the exception of DUI.
    http://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2013/crime-in-the-u.s.-2013/tables/table-43

    Conclusion is that blacks are bound to be arrested more than 67.4% of the times in Ferguson because in most crimes in the entire United States blacks crime stats are at least DOUBLED their population size.

    Like

  18. cohibadad says:

    Even the police dogs in Ferguson are racist. They only bite African Americans.

    Like

  19. benzy says:

    Holder’s statistics “proving” racial discrimination by the Ferguson Police Department are as bogus and specious as they come. They are the equivalent of saying there is a family with three daughters and one son, the male children making up 25% of the family’s children and yet the males have a disparate ratio of spankings because the son receives 40% of the spankings. Anyone who has ever had children or known a family that had children readily can see that the cause of that statistical variance isn’t gender discrimination, but more likely the propensity for young male children to get into more mischief than young females. It would be like saying that auto insurance companies unfairly charge more for young male drivers than female. You can not use statistics on every situation without considering beyond those statistics for their cause.

    Liked by 2 people

  20. lovemygirl says:

    Another aspect about these stats ignored is the age. As often is the case with white flight it is the white elderly left behind and elderly people commit fewer crimes. The DOJ just wants to ignore all other reasons except claims of racism and ignore their own crime stats that clearly show young black males commit far more crime than any other group. It is unfortunate journalism majors appear to have flunked statistics.

    Liked by 2 people

    • True Colors says:

      I made the same point earlier.

      Over the past 25 years the middle aged and younger white people have left Ferguson in droves.

      OF COURSE elderly white people have fewer conflicts with police than younger black people.

      Elderly white people also have fewer conflicts with police than younger white people. Is this age discrimination, or just reality?

      We should also look at the income levels of the people getting in trouble. Do you think that people who go to work every day and earn money have fewer problems with police than people who are on welfare with nothing to do all day but get into trouble?

      TC

      Liked by 2 people

  21. Centinel2012 says:

    Reblogged this on Centinel2012 and commented:

    Those two are a real pair and they have set back social progress by decades.

    Like

  22. jason says:

    clearly, the only possible explanation is the racial bias of the Ferguson and STL PDs…

    Like

  23. David In TN says:

    The people who enthuse over this so-called report consider the Christian-Newsom torture murders in Knoxville, Tennessee an “anecdote.”

    Liked by 1 person

  24. shipley130 says:

    If you listen to the other than white people in America when they are being interviewed on some of those liberal shows, you get to know what their real problems are. They don’t want to adhere to rules and laws that apply to things like owning a vehicle, etc. They don’t want to keep their vehicle tags current, they don’t care that their license has been suspended over previous driving infractions, etc. They don’t care about public safety or paying their share of upkeep of the public infrastructure. That does not align with a rule of law society and they expect us to change to fit their values. Anyone that wants to live in a “Lord of the Flies” situation have plenty of other countries to chose from to live. I say, let them leave with no chance of ever returning after learning a lesson if they do.

    Like

  25. Fantasia says:

    I posted the other day about feeling quite strongly that Critical Race Theory was the basis of the “Ferguson Movement”.

    http://en.wikipedia.org/wiki/Critical_race_theory

    I still stand behind that, quite firmly, and here is one example why.

    The disparate race theory is a portion of that, explicitly outlined with the “stories” outlined in the report. This is a critical portion of Bell’s Critical Race Theory.

    Along with “white privilege” and all the other wonderful terms we have been drowning in since the MB shooting and even the Trayvon Martin event, and the disparate race movement Holder has begun, due to “white privilege”. here is what the wiki lays out under the “Critique” section, about Derrick Bell’s theory:

    **Some legal scholars have criticized CRT on a number of grounds, such as CRT scholars’ reliance on narrative and storytelling, or CRT’s critique of objectivity. Judge Richard Posner of the United States Seventh Circuit Court of Appeals has “label[ed] critical race theorists and postmodernists the ‘lunatic core’ of ‘radical legal egalitarianism.'”[33] He writes,

    What is most arresting about critical race theory is that…it turns its back on the Western tradition of rational inquiry, forswearing analysis for narrative. Rather than marshal logical arguments and empirical data, critical race theorists tell stories — fictional, science-fictional, quasi-fictional, autobiographical, anecdotal—designed to expose the pervasive and debilitating racism of America today. By repudiating reasoned argumentation, the storytellers reinforce stereotypes about the intellectual capacities of nonwhites.[33]**

    In reading that, it’s impossible to believe that the CRS/DOJ, and Holder, along with the Ferguson movement, are not clinging, in totality, to the Critical Race Theory as the foundation for their thinking and impression of what is going on. It is the closest you can come to “reverse racism”, except that the CRT claims blacks are “incapable of being racist”.

    The very quote I posted encapsulates exactly what was posted above, that the stories were from those arrested, even protesters themselves, one sided narratives, and seemingly none from police officers, themselves.

    Liked by 4 people

  26. beth60497 says:

    Been in conversation with my Ferguson resident friend…bi-racial, young family living 2 blocks from Ferguson police department. She was twice interviewed & featured by CNN in print articles. She contacted the DOJ as did numerous other of her fellow Ferguson resident friends. Not one.. NOT A SINGLE one was contacted by the DOJ for interviews.
    These are both white & black folks. Both young and older. However, they are all for the most part law abiding and employed.
    I am disgusted and disheartened by that report, but I can’t say I was surprised. Holder and the DOJ went into this knowing the result they wanted to find and only looked for evidence that would support that.

    Like

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