>> i am not aware of any particular difficulty arising from the higher percentage of federal land in a state like alaska. we are going to approach in statesenforcement like colorado, washington, other jurisdictions that have chosen to amend their laws in this way. know for the record that the federal government owns 81% of the land in nevada, utah, text he one percent and alaska. mr. newsom, does the district's

marijuana bill change d.c. law regarding the sale and of marijuana or intent? >> that is an arrestable offense. notification of parents and guardians if you find marijuana in the hands of youth. >> the youth would be issued a notice of violation and with regards to distribution, it would be an arrestable offense. the parents would be notified. noted that where there are a great many young people, because this is a college town, there are no arrests. but on the map where they showed high numbers in many areas were

how do-americans live, they come about? the study we did was a descriptive study. the arrestsly at based on anecdotal evidence. there are a number of different reasons that have to do with the way in which marathon -- marijuana enforcement is prioritized. even withu can look, the number of various law-enforcement agencies here in the district, you have seen more than 93% of the arrests happening to the metropolitan police force. these youngsters or people picked up because of the smell or odor of marijuana? was under the --

>> i mean young people. voter wastext of definitely being used according to anecdotal evidence. it is very different for a person at or below the poverty line. and so the $25 fine is more likely based on the arrest

patterns to be levied against someone of low income. fine that was a deterrent for engaging in possession but was also manageable and realistic and did not saddle someone with an additional burden which would be unrealistic for them to actually pay. >> i find the racial disparity disturbing. might not be to ignore the law. in you find racial disparity distribution of crimes as well as possession?

>> our report did not look specifically at distribution but what i can say is this. based on a survey, a general survey of a number of distribution crimes and an area like district seven of the metropolitan police department which is largely african-american section of the district versus district two - arrests in276 district 7 for distribution in a given year. the yield for marijuana was much higher in district two than in seven. -- there anticipate will be arrests for intent to distribute. that really hasn't changed. do you anticipate a racial disparity continuing in the enforcement of this law?

we anticipate there will be less arrests. the disparity will continue but not on the scale we are seeing now. >> mr. newsom, two of the witnesses have testified there is a racial disparity in the application of this law. why are blacks arrested at a higher rate? it's not up to you to set the laws. but what can you do and what have you done to address that disparity? >> i don't know it was the enforcement of the law that was causing that disparity. when you take a look at whereing like this arrests are being made, other factors have to be considered.

one of the things that we looked at as a department because we are sensitive to the allegation that the laws are being biased and enforced. to calls for service and , weou talk about that study call patrol service areas, one was in the second district and one was in the seventh district. in the predominantly white neighborhood, there were 12 drug calls for service at 12 marijuana arrests. in a predominantly black neighborhood, we had 518 calls for service and we had 249 marijuana arrests. drawings for service the police to these areas, it's the community that calls the

police. to leaveant anybody with the impression that the police department or any agency it is city is -- law-enforcement tactics taking the action. >> who determines the prosecution priorities? >> the attorney general and deputy attorney general. >> eric holder? attorney in any particular district also has discretion how to enforce the law based on circumstances in that area.

>> you said you would enforce d.c. as same ndin california or washington. that have morees lenient marijuana laws in other that was really the point of the 2013 guidance. priorityhe enforcement across the country regardless of what the state law is. deferenceould be no to state law. that on federal ground the enforcement will be the same regardless of the state law. mark one year since lois lerner went to a bar association and is closed the

iressa was targeting conservative groups. was targeting conservative groups. they announced there would be a criminal investigation. a month into the investigation, asked director mueller who was the lead agent, how many agents have you assigned, and have you interviewed the victims groups? his responses were, i don't know, i don't know, i don't know. you, we i get back to should know some of the basic information. we know miss boston and is involved -- bosserman is involved in the civil rights division. but the public integrity section is involved, too. >> book the civil rights division and terminal justice

division are involved as our career agents and the treasury inspector general. >> can you give me basic information about the questions asked almost a year ago? >> i am sure we can provide that to you. >> we have asked seven times and each time they tell us they can't say anything. mr. mueller said he would give us the information. your the acting assistant for the public integrity division. are you involved in the investigation of the targeting of conservative groups? >> i would disagree with the characterization. >> are you involved in the investigation? >> yes.

>> do you know jp cooney? do you know if he is the lead agent? >> i am not familiar. >> who is in charge? >> congressman, this is far afield of the subject of the hearing. oversee the public integrity section. this is one of the biggest cases you've got. >> there are numerous federal prosecutors. >> i have been trying to get this answer for 11 months. >> is this abusiness an importat case -- is this an important

case? >> i disagree with the characterization but it is an important case. the agents would be involved from the federal bureau of investigation. i can't give you a precise number. week, 26r this democrats joined republicans and said we should have a special counsel take over this investigation. statements and actions in connection with the matter have served to undermine the department of justice investigation. it was part of the resolution. do you think that we need a

special counsel to take over do you agreeation? with a 26 democrats that agree >> i thinksolution? the attorney general and others answered that question. >> it's not the kind of investigation we want and we think it's time for a special prosecutor. >> 26 democrats joining. when the person leading the

investigation gave money to the , 26ident's campaign democrats agree something else has to happen. >> the prosecution here is being led and managed by career prosecutors in the criminal division. democrats voted and said we need a special counsel. >> we have less than a minute now remaining so i will recess the hearing until 12:15 p.m. we will try to conclude by 12:30 p.m. or 12:35 p.m. on subcommittee will stand

recess until 12:50 p.m. i will call the subcommittee back to order. aank you for their indulgence couple of minutes over. once again, we appreciate your patience. we have at least one more member that wanted to ask questions and we want to give everyone time to ask those questions. one of thetime,

i would pose as ,e wait for the other members looking at the effective relating to marijuana that lead to an increased rate of drunk driving, it's my understanding we don't really have a standard. this is something we are going to look at nationally to the level of narcotic and thatoodstream marijuana can be detected in the blood stream for some time after its use.

this is to chief knew some. -- chief newsom. do you see any problem with the increased use of marijuana with the lowering of the penalties and the inability to come up with a test that would indicate the level of intoxication by marijuana? assumeess we're going to there will be an increase in use based on decriminalization. a changeot going to be in the way that we currently enforce people that are driving under the influence. >> we don't have a test that is administered standard, nationally, or the amount of marijuana tolerated. way a driver would be

tested, they would be given a road test as to their ability to perform certain functions. >> you do blood tests? >> we can if necessary. we see that issue across the united states. let me yield to dr. fleming. >> i want to welcome our panel here today. it seems that in listening to your testimony today, your justification is made on the basis of racial disparity. is the only real argument i heard so i will ask the police professionals today, can you give me a rough estimate.

the white versus nonwhite numbers, those that would make arrests. both of you, if you can have a range that would be fine. your police officers in the field that would be the ones making arrest. >> 60% is african-american. >> the majority of the arrests by african-americans. would you say it was evenly balanced? that you're well represented by african-american and white have aofficers? >> we very diverse workforce. >> if you accept these numbers,

i don't doubt those his overall numbers. the implication one infers from is that the police officers are racially biased. do you explain that you have a majority of officers that are actually african-american -- you don't think they are racially ?iased against their own race >> what we see is the phenomenon of community-based profiling, that they are treated and policed in a certain kind of way. one of the reports that we heard had to do with drug interdiction units. the police officers riding up on

pedestrians and jumping out to stop and search them. you would concede this is not a racial bias. you have the same african-american officers. it sounds like they have a higher density of police officers or police enforcement i don't think the race of the police officer necessarily determines if there .s an institutional bias races duet across all to a number of different factors which we don't have to get into today.

crimes?about other grand theft auto and murder. should we reduce penalties because they are found to be racial disparities there? we nonsensecommend someone who has committed murder to prison because there is a potential racial bias. i think what we can say is that decriminalization has not had an impact -- >> that is an answer to a different question. look atfinitely need to if our criminal justice approach is making us safer. we need to look at just how many -- more than just how many people we are rest.