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Independent Review of the 2017 Protest Events in Charlottesville, Virginia

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Independent Review of the 2017 Protest Events in Charlottesville, Virginia FINAL REPORT INDEPENDENT REVIEW OF THE 2017 PROTEST EVENTS IN CHARLOTTESVILLE, VIRGINIA TABLE OF CONTENTS PREFACE ...................................................................................................................... ix ACKNOWLEDGMENTS .............................................................................................. xi EXECUTIVE SUMMARY .............................................................................................. 1 I. May 13-14 ................................................................................................................ 1 II. July 8 ....................................................................................................................... 2 III. August 11-12 ............................................................................................................ 4 IV. Recommendations .................................................................................................... 7 A. Preparing for Civil Disturbance ........................................................................... 7 B. Effective Management of Protest Events .............................................................. 7 C. Changes in Law .................................................................................................. 8 D. Restoring Faith in Government ........................................................................... 8 METHODOLOGY .......................................................................................................... 9 I. Introduction ............................................................................................................. 9 II. Scope of Engagement ............................................................................................... 9 III. Sources of Information ............................................................................................ 10 A. Documents ........................................................................................................ 10 B. Images and Recordings ...................................................................................... 11 C. Witness Interviews ............................................................................................. 11 D. Independent Review Web Site and Tipline ......................................................... 12 IV. Resistance to Cooperation ....................................................................................... 12 A. Charlottesville Police Department ...................................................................... 12 B. State Government .............................................................................................. 14 C. Organizational Responses .................................................................................. 17 D. Community Members ........................................................................................ 18 V. Consultants ............................................................................................................. 19 FACTUAL FINDINGS .................................................................................................. 21 I. Why Charlottesville? ............................................................................................... 21 A. Charlottesville’s City Government and Event Permitting Process ........................ 21 B. History of the Lee and Jackson Statues ............................................................... 22 Hunton & Williams LLP | i C. The First Hint of Controversy ............................................................................ 23 D. Jason Kessler and the Attempted Removal of Wes Bellamy ................................ 23 E. The Capital of the Resistance ............................................................................. 24 F. Charlottesville Moves Forward........................................................................... 24 G. Jason Kessler Meets Richard Spencer ................................................................. 25 II. Initial Events of May 13-14 ...................................................................................... 25 A. May 13 Demonstrations ..................................................................................... 25 1. The Jackson Park Event ............................................................................. 26 2. The Lee Park Event ................................................................................... 27 B. May 14 Counter-Protest ..................................................................................... 28 C. Aftermath .......................................................................................................... 30 D. What Went Right and What Went Wrong .......................................................... 31 III. July 8 Ku Klux Klan Rally ....................................................................................... 31 A. Preparation ........................................................................................................ 31 1. Permit Application, Review, and Approval ................................................. 31 2. Intelligence Gathering ................................................................................ 33 3. Training ..................................................................................................... 35 4. Agency Coordination ................................................................................. 36 a. Charlottesville Fire Department ......................................................... 36 b. Department of Parks and Recreation .................................................. 37 c. Department of Public Works .............................................................. 37 d. Charlottesville Sheriff ......................................................................... 37 e. Legal Advice ...................................................................................... 38 f. Virginia State Police ........................................................................... 38 g. Albemarle County .............................................................................. 39 h. University of Virginia ......................................................................... 40 i. Emergency Communications Center .................................................. 40 B. CPD Operational Plan ....................................................................................... 41 C. Public Communications ..................................................................................... 46 1. Efforts to Discourage Attendance ............................................................... 46 2. Informing the Public .................................................................................. 47 D. Events of July 8 ................................................................................................. 48 Hunton & Williams LLP | ii 1. Preparing Justice Park ................................................................................ 48 2. All-Hands Briefing ..................................................................................... 48 3. Opening the Command Center ................................................................... 49 4. The Crowd Gathers ................................................................................... 50 5. March of the Clergy Collective ................................................................... 51 6. Media ........................................................................................................ 52 7. The First Arrests ........................................................................................ 52 8. The Arrival of the Klan .............................................................................. 53 9. The Klan Speaks ........................................................................................ 55 10. The Klan Exits ........................................................................................... 57 11. The Crowd Turns on Law Enforcement ...................................................... 58 12. Deployment of Tear Gas ............................................................................ 59 13. The Crowd Disperses ................................................................................. 61 14. After-Action .............................................................................................. 62 a. Statistics ............................................................................................ 62 b. Community Criticism ........................................................................ 62 c. Evolving Explanations for Deployment of Tear Gas ........................... 63 d. After-Action Meetings, Reports, and Takeaways................................. 64 E. What Went Right and Want Went Wrong .......................................................... 64 1. What Went Right ....................................................................................... 64 a. City Officials Provided Thorough Information to the Community ....... 64 b. Law Enforcement Protected the Free Speech of All Participants .......... 65 c. No Significant Injuries or Property Damage ....................................... 65 2. What Went Wrong .................................................................................... 66 a. Law Enforcement Failed to Operate Within a Unified Command ....... 66 b. Law Enforcement
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