22 April 2021
For most of the past year, a strategic communications firm with deep Washington ties has played an integral role for the prosecution in the State of Minnesota v. Eric Chauvin — operating without pay and so under-the-radar that most of its own staff had no idea.
The big picture: Finsbury Glover Hering — formerly known as the Glover Park Group — has been conducting media monitoring and analysis as part of legal team special prosecutor Neal Katyal's vision for a three-pronged "modern appeal/trial strategy."
- It was Katyal who last June pitched Minnesota Attorney General Keith Ellison on bringing in experts from the firm. Katyal had previously worked with them in civil cases.
- His strategy held that in such a widely watched criminal case, with such major repercussions for the country, it would be essential for the prosecution to simultaneously consider the trial, an inevitable appeal and how the verdict would sit with Americans overall.
What they're saying: "We know in any high-stakes case like this there’s going to be an appeal," said Katyal, a partner at Hogan Lovells and former acting U.S. solicitor general with extensive appellate and Supreme Court experience. He and his team of seven lawyers also provided their services free of charge.
- "You're thinking with one eye to the trial itself, and with the other, how’s it going to look on appeal," he said. "We needed to understand what people would be thinking about after the trial was over."
Katyal spoke with Axios on Wednesday, a day after the jury found former Minneapolis police officer Derek Chauvin guilty of second- and third-degree murder and second degree manslaughter in the killing of George Floyd.
- "We wanted to get a sense of what the public reaction would be if there were a conviction, an acquittal or a mixed verdict," he said. "Were there going to be any threats to public safety?"
- "To win the trial is one thing. To win it in the eyes of the American people in the long term is a different thing," he said. "As a prosecutor, your goal is not 'to win a case' — it’s to do justice. And part of doing justice is not just winning the case but understanding how the verdict will be received."
How it worked: While prosecutors Matthew Frank and Erin Eldridge and two outside attorneys, Jerry Blackwell and Steve Schleicher, focused on the case and the trial, Katyal and a team of seven lawyers he assembled from his firm focused on legal motions and appeals.
- The FGH team, meanwhile, monitored local, national and international media coverage as well as Twitter and other social media. Amid the COVID-19 pandemic, this monitoring and analysis was all conducted remotely.
- It was their job to boil down for the prosecution the trends they could observe through publicly available information: Who were the key influencers? Were any errors in media coverage becoming part of the narrative? How was the public consuming what was happening in the courtroom and how did the jury appear to be responding?
- In a statement to Axios, Ellison said FGH was "a completely integral and invaluable part of the team" and said the firm's advice was "essential to helping us understand the broader conversation around the case" and "the world around us."
- FGH declined through a spokesman to comment for this story.
What's next: In addition to Chauvin's expected appeal, three other former officers who also were involved in Floyd's deadly arrest are set to go on trial jointly in August.
Transcripts show George Floyd told police "I can't breathe" over 20 times
Section2Newly released transcripts of bodycam footage from the Minneapolis Police Department show that George Floyd told officers he could not breathe more than 20 times in the moments leading up to his death.
Why it matters: Floyd's killing sparked a national wave of Black Lives Matter protests and an ongoing reckoning over systemic racism in the United States. The transcripts "offer one the most thorough and dramatic accounts" before Floyd's death, The New York Times writes.
The state of play: The transcripts were released as former officer Thomas Lane seeks to have the charges that he aided in Floyd's death thrown out in court, per the Times. He is one of four officers who have been charged.
- The filings also include a 60-page transcript of an interview with Lane. He said he "felt maybe that something was going on" when asked if he believed that Floyd was having a medical emergency at the time.
What the transcripts say:
- Floyd told the officers he was claustrophobic as they tried to get him into the squad car.
- The transcripts also show Floyd saying, "Momma, I love you. Tell my kids I love them. I'm dead."
- Former officer Derek Chauvin, who had his knee on Floyd's neck for over eight minutes, told Floyd, "Then stop talking, stop yelling, it takes a heck of a lot of oxygen to talk."
Read the transcripts via DocumentCloud.