Bipartisan policing deal unlikely this week in blow to talks

People familiar with congressional talks on overhauling policing practices say negotiators are likely to miss their latest deadline without completing a bipartisan deal

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Congressional bargainers are likely to miss their deadline for completing a bipartisan deal on overhauling police practices, people familiar with the talks said Thursday, 13 months after George Floyd’s killing and with the shadow of next year’s elections lengthening over Congress’ work.

Despite a “June or bust” goal set by chief GOP negotiator Sen. Tim Scott of South Carolina, the Senate was expected to leave town for a two-week recess after Thursday’s session without a final compromise, according to two Democratic aides who described the status of talks on condition of anonymity. No. 2 Senate GOP leader John Thune affirmed that expectation to reporters.

“I don’t think so,” said Thune, R-S.D., about the likelihood of finishing a policing deal Thursday. “It’s just nailing down the final details, and there are a couple of red lines for our guys.”

A last-minute turnaround was possible, or negotiators could continue their efforts once Congress returns next month from a recess.

But a failure to nail down a full agreement Thursday on legislation aimed at curbing the use of force by police and making them more accountable for abuses would be a blow to lawmakers' efforts to address an issue that has roiled the country since last year. Bargainers have already spent months trying to resolve differences, reflecting the complex web of issues and political imperatives that have prevented congressional action so far.

According to people familiar with the talks, the two most divisive issues have been whether and how to make individual police officers accused of abuses liable for civil penalties and whether to make it easier to bring criminal cases against officers for excessive use of force.

Last month, lawmakers missed a May 25 deadline set by President Joe Biden. That date marked the one-year anniversary of when Floyd, a Black man, died under the knee of a Minneapolis police officer who has since been convicted in his killing.

The further into the year the talks remain unresolved, the more next year's elections for congressional control will make bipartisan cooperation harder. Efforts to curb police practices are entwined with public concerns about race and crime, and all are potent, emotional issues for both parties to use as they appeal to their most ardent base voters.

Floyd's death ignited racial justice protests across the country, was a campaign issue during President Donald Trump’s failed reelection bid and prompted debates over crime and authorities’ use of force that rage still. An agreement would let each party assert it’s addressed a consuming national problem, while a stalemate would let each blame the other and fuel next year’s campaigns for control of Congress.

The talks have been closely watched by powerful outside groups representing police and sheriff organizations, civil rights organizations and Floyd's relatives, who have attracted frequent media attention and had meetings with Biden and members of Congress.

The Democratic-led House approved a wide-ranging bill overhaul in March that's gone nowhere in the 50-50 Senate, with Republicans arguing it goes too far. Democrats blocked a Senate GOP measure last year, saying it was too weak.

Other provisions would curb police use of chokeholds, bolster national data systems of complaints against officers and limit the types of military equipment that police departments can obtain.

Scott cast the talks in optimistic tones Wednesday.

“We’re going to have to now check the definitions and the language that we’re all putting on paper to make sure that we’re all saying the exact same thing. But I don’t think there’s outstanding issues that need to be worked out,” he said.

Others were more cautious.

“I have remained a prisoner of hope through this whole process,” said Sen. Cory Booker, D-N.J., his party’s chief bargainer. “We’ve gone over language from the beginning. It’s nothing new.”