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February 11, 2018

Sentencing Reform and Corrections Act of 2017 now has 20 sponsors in the Senate but...

1518381838864this Roll Call article suggests Senators cannot figure out how to break a "logjam" that is created by the Attorney General and Prez Trump. The Roll Call article is headlined "Senators Ponder How to Break Criminal Justice Logjam: With Trump not on board with bipartisan bill, 'we’re stuck,' Grassley says," and here are excerpts:

Senate Judiciary Committee members grappled Thursday with the best strategy to overhaul the nation’s criminal justice system, since the leading bill has broad bipartisan support but the White House apparently backs only one part of it.

Chairman Charles E. Grassley of Iowa set a markup next week for a bill that represents a hard-negotiated compromise — first struck in 2015 — that backers say would pass the Senate with a bipartisan supermajority if brought to the floor. It is expected to easily advance from the committee and could be a signature legislative accomplishment for the Senate.

A broad and politically varied coalition of lawmakers and advocacy groups off Capitol Hill generally back the overhaul, which has two main components. One section aims to reduce sentences for nonviolent drug offenders, and the other aims to ease re-entry for prisoners.

But Majority Leader Mitch McConnell didn’t bring a version of the legislation to the floor in the last Congress because of opposition to the sentencing section from law enforcement groups and some Republican senators, Majority Whip John Cornyn of Texas told the committee Thursday. And now, President Donald Trump has voiced support only for the prison changes.

Cornyn, the Senate’s No. 2 Republican leader, said, “I honestly don’t see a path forward” this year for the broader bipartisan bill. “I’m worried that if we just revisit the Sentencing Reform and Corrections Act, which failed during the Obama administration, given this change in the new administration and its views on the sentencing reform component of it, we’re going to have nothing to show for our efforts,” said Cornyn, using the bill’s formal title. “I know we all tried to work together on this and it just didn’t work out.”

Instead, Cornyn said the committee’s best opportunity to move a criminal justice bill would be his legislation, proposed along with Republican Sen. Mike Lee of Utah and Democratic Sen. Sheldon Whitehouse of Rhode Island, which contains only provisions aimed at easing re-entry for prisoners — “and then building on that as we can” with an amendment process on the floor. That process could include amendments on sentencing, based on a bill introduced in previous sessions by Lee and Democratic Whip Richard J. Durbin of Illinois.

Grassley responded that the compromise bill would be the best way to get the sentencing and prison provisions into law. The measure currently has 19 co-sponsors, and he said the backers are seeking more. “It’s a matter of process and around here — nothing gets done unless it’s bipartisan,” Grassley said. “And I don’t often agree with Sen. Durbin, but we put together a bill that we worked really hard and we think it’s the only way of advancing both bills.”

Whitehouse said he would support both ways of moving forward since the sentencing bill was proposed five years ago, but that Cornyn’s strategy “actually might provide a more realistic way of getting this matter resolved.” The Senate, however, could end up in the same place if the prison bill gets to the floor and then a supermajority of senators add the sentencing portion back in with an amendment, Whitehouse said. “Waiting here for there to be the ultimate global concord to sort this out has yielded five years of nothing and I’m ready to go forward,” Whitehouse said.

Grassley countered, however, that there could still be senators who would block the prison bill from the floor if they knew there were more than 60 senators supporting a sentencing amendment. “That’s what we face,” Grassley said. “There’s some people around here [who] are just a little bit afraid of what you call an Assistant U.S. Attorneys Association and they’re stopping everything from being done that is so successful in the other states. When people are willing to stand up to those leaders of the Senate, we’ll get something done in both areas.”

Interestingly, this new Axios article has an entry, headed "Grassley twists Trump’s arm for criminal justice reform," reporting on an interview that suggests Senator Grassley might seek to use his political capital with the President to try to get the SRCA into law:

Grassley didn't deny the White House’s cool reception of his bill, but he plans to use his substantial political clout to press Trump to change his mind.

As I've reported, Trump bends over backwards to keep Grassley happy. He knows that as Judiciary Chairman, Grassley played a crucial role in delivering two of Trump's biggest successes so far: the confirmation of Supreme Court Justice Neil Gorsuch and a modern record for circuit court judges in a president's first year.

"I've carried a lot of water for the White House," Grassley told me. "They ought to give some consideration for the close working relationship we’ve had on issues we agree on." "I think people at the White House have not wanted to go against Gen. Sessions," he added, before closing with a sentence crafted perfectly to appeal to Trump's ego. "This is an opportunity for a bipartisan victory by the President of the United States."

I think the best way to convince Trump to support this bill is to move it for votes ASAP in the full Senate and House.  I suspect that if 70+ Senators and 300+ members of the House vote for these reforms, which seems quite possible, the Prez will be inclined to sign it.  For that reason, perhaps we should start a hash tag campaign: #voteonSRCA2017.

A few prior related posts:

February 11, 2018 at 08:00 PM | Permalink


Grassley is a notorious swamp creature.

Posted by: David Behar | Feb 12, 2018 2:10:11 AM

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