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September 26, 2014

Could (and should) AG Eric Holder be even bolder on sentencing and drug war reform as a lame duck?

Not suprisingly, the early conversations after Attorney General Eric Holder's resignation announcement yesterday (discussed here) concerns who President Obama will nominate for the position and and when the Senate will consider that nomination.  But, because AG Holder indicated he would stay on the job until his replacement is confirmed, and because it is certainly possible that the confirmation process could take a number of months, it is certainly possible that Holder could still need to do some significant work before he turns over the keys to his office.  And, as the question in the title of this post suggests, one might wonder if AG Holder might see his new lame duck status as providing him with even more freedom to push even more aggressively on various sentencing and drug war reforms he has championed in his tenure (especially over the last year or so).

Though I seriously doubt AG Holder could or should seek now to push through any major formal DOJ policy initiatives as he heads out the door, he certain can use his office and its bully pulpit to continue to talk up his views about the need for federal criminal justice reforms.  Indeed, as highlighted by this new Huffington Post piece, headlined "Eric Holder Signals Support For Marijuana Reform Just As He's Heading Out The Door," Holder may now already feel a bit more free to talk about reforming federal marijuana laws.

I am especially interested to see if AG Holder might have some more to say about DOJ's clemency efforts on his way out the door.  Needed reforms on executive clemency have been widely discussed by various DOJ officials throughout 2014, and yet there has still been a paucity of real consequential action by the President in this arena.  I hope AG Holder might really try to prod Prez Obama to get moving on this front on his way out the door.

September 26, 2014 at 11:22 AM | Permalink

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