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August 11, 2016

"The Obama Criminal Justice Reforms That Trump Could Undo"

The title of this post is the headline of this notable new Marshall Project piece by Eli Hager.  Here is how the piece sets up its "rundown of Obama’s efforts on criminal justice and how each of them could or could not be unraveled by a President Donald Trump":

Donald Trump has not said much about how he would handle matters of criminal justice if he is elected president.  Beyond a promise in his speech at last month’s Republican National Convention that “safety will be restored” in America — and a suggestion in December that he would seek the death penalty for anyone convicted of killing a police officer — the candidate has not articulated a policy agenda on issues such as the drug war, federal sentencing guidelines, community policing or clemency.

Yet Trump has made it clear what he will undo: the Obama administration’s executive actions and regulations, including those having to do with criminal justice.“You know, the great thing about executive orders is that I don’t have to go back to Congress,” he said at a campaign rally in Manassas, Va., on Dec. 2, according to the Daily Caller.

Experts on executive authority say the next president could absolutely — and immediately — rescind any and all executive orders made by President Obama during his eight years in office, including those tightening background checks, “banning the box” on federal job applications and banning the solitary confinement of juveniles in federal prisons.  “They can be overturned in one day, with the stroke of a pen,” said Susan Dudley, a professor of public policy at George Washington University and an expert on regulatory procedure.

Trump could also opt to slow-walk Obama’s policies — either by appointing cabinet officials who will not enforce them or by instructing his Justice Department to reprioritize which laws it will prosecute.  The department could also reach weakened, out-of-court settlements in the investigations that the Obama administration has launched into local police departments.

But other moves of Obama’s, from his pardons and commutations to his attempts to ease sentencing guidelines for drug offenders, will be harder to roll back.  “Trump could say he doesn’t want to pursue a certain policy anymore, but he can’t take away benefits and rights that have already gone out to people,” said Stephen Vladeck, a law professor at the University of Texas and an expert on constitutional law and the federal system.

August 11, 2016 at 09:55 AM | Permalink

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