Tulsa Race Massacre: DOJ Report Says Law Enforcement Played Role, No One To Prosecute

A new report from the U.S. Department of Justice acknowledges that law enforcement played a role in the violence and destruction that occurred during the 1921 Tulsa Race Massacre but concluded that the statute of limitations has expired for all federal civil rights offenses

DOJ Report Details Law Enforcement’s Role in Tulsa Race Massacre

The DOJ’s Civil Rights Division conducted a comprehensive review under the Emmett Till Unsolved Civil Rights Crime Act. The report details the massacre, in which a mob destroyed over 35 city blocks, leaving hundreds of Black residents dead and displacing thousands.

It highlights failures in accountability, including the role of public officials and law enforcement, who were implicated in aiding or abetting the violence.

"The Tulsa police deputized hundreds of white residents, many of whom — immediately before being awarded a badge — had been drinking and agitating for Rowland’s murder. Law enforcement officers helped organize these special deputies — as well as other white Tulsans — into the forces that would eventually ravage the Greenwood community." - Exerpt from the DOJ report.

Legal Barriers Prevent Prosecution of Perpetrators

The department’s report notes that had today’s more robust civil rights laws been in effect in 1921, federal prosecutors could have pursued hate crime charges against the massacre’s perpetrators, including both public officials and private citizens.

In addition, if modern interpretations of civil rights laws were in effect in 1921, police officers, public officials, and any who acted in concert with such persons could have been prosecuted for willfully violating the civil rights of massacre victims. Many of these legal avenues, however, were not available in 1921. The few avenues for federal prosecution that were available in 1921 were not pursued.

Despite thorough investigations, the DOJ also said there are no surviving suspects who can be prosecuted under modern civil rights laws.

"Now, the statute of limitations has expired for all federal civil rights offenses. Moreover, the team could find no living perpetrators, and prosecution under any law (federal or state) would almost certainly be foreclosed by the Constitution’s Confrontation Clause, which requires the government to provide live witnesses who can be cross-examined by the accused. Such witnesses would need to have sufficient knowledge to prove a particular defendant’s guilt beyond a reasonable doubt,"- Excerpt from the DOJ report.

Preserving the Legacy of Greenwood and Its Community

Assistant Attorney General Kristen Clarke emphasized the importance of documenting the massacre’s legacy, citing it as one of the deadliest instances of racial violence in U.S. history.

“The Tulsa Race Massacre stands out as a civil rights crime unique in its magnitude, barbarity, racist hostility, and its utter annihilation of a thriving Black community," said Clarke.

Clarke will deliver remarks on Saturday ahead of a community meeting at Historic Vernon AME Church.

Previous Story: DOJ Investigates 1921 Race Massacre, Hears Stories From Descendants And Survivors

The DOJ noted that while prosecution is no longer viable, the report seeks to preserve the memory of the massacre and its enduring impact on survivors, descendants, and the community.

"The report recognizes that some may find the department’s inability to prosecute a painful or dissatisfying outcome. However, the review recognizes and documents the horrible events that occurred as well as the trauma and loss suffered by the residents of Greenwood. While legal and practical limitations prevent the perpetrators of the crimes committed in 1921 from being held criminally accountable in a court of law, the historical reckoning continues. Legal limitations may have stymied the pursuit of justice, but work continues to ensure that future generations understand the scale and significance of this atrocity."

For more details, visit the Department of Justice’s website or read News On 6’s previous coverage.

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