Thursday, June 21, 2018

"N.F.L. Players to Trump: Here’s Whom You Should Pardon"

The title of this post is the headline of this op-ed in today's New York Times authored by Doug Baldwin, Anquan Boldin, (former OSU Buckeye) Malcolm Jenkins and Benjamin Watson. I recommend the piece in full, and here are extended excerpts:

President Trump recently made an offer to National Football League players like us who are committed to protesting injustice. Instead of protesting, he suggested, we should give him names of people we believe were “unfairly treated by the justice system.”  If he agrees they were treated unfairly, he said, he will pardon them.

To be sure, the president’s clemency power can be a valuable tool for redressing injustice.  Just look at Alice Johnson, age 63, who was serving a life sentence for a nonviolent drug conviction until her sentence was commuted by President Trump.  He should be commended for using his clemency power in that case.

But a handful of pardons will not address the sort of systemic injustice that N.F.L. players have been protesting.  These are problems that our government has created, many of which occur at the local level.  If President Trump thinks he can end these injustices if we deliver him a few names, he hasn’t been listening to us.

As Americans, it is our constitutional right to question injustices when they occur, and we see them daily: police brutality, unnecessary incarceration, excessive criminal sentencing, residential segregation and educational inequality.  The United States effectively uses prison to treat addiction, and you could argue it is also our largest mental-health provider. Law enforcement has a responsibility to serve its communities, yet this responsibility has too often not met basic standards of accountability....

President Trump could help.  He could use his powers, including the clemency power, to make a real dent in the federal prison population.  People like Alice Johnson, for example, should not be given de facto life sentences for nonviolent drug crimes in the first place.  The president could stop that from happening by issuing a blanket pardon for people in that situation who have already served long sentences.

Of the roughly 185,000 people locked up in federal prisons, about 79,000 are there for drug offenses of some kind — and 13.5 percent of them have sentences of 20 years or more.  Imagine how many more Alice Johnsons the president could pardon if he treated the issue like the systemic problem it is, rather than asking professional football players for a few cases.

There is also a systemic problem in federal prison involving the elderly, who by next year will make up 28 percent of the federal prison population. Releasing these prisoners would pose little to no risk to society.  And yet from 2013 to 2017, the Bureau of Prisons approved only 6 percent of roughly 5,400 “compassionate release” applications.  About half of those applications were for people who had been convicted of nonviolent fraud or drug offenses.  Of those denied release, 266 died in custody. 

President Trump could order the release of any drug offender over the age of 60 whose conviction is not recent.  That would be the morally right thing to do.

Apart from using the pardon power, there are policies the president and the attorney general could implement to help.  For instance, they could eliminate life without parole for nonviolent offenses.  Currently, more than half of those sentenced to die in federal prison are there for nonviolent offenses, and 30 percent of people sentenced to life (or de facto life) are there for a nonviolent drug crimes. Compare that with the state level: Only 2 percent of those sentenced to life (or de facto life) are there for drug offenses....

President Trump, please note: Our being professional athletes has nothing to do with our commitment to fighting injustice.  We are citizens who embrace the values of empathy, integrity and justice, and we will fight for what we believe is right.  We weren’t elected to do this.  We do it because we love this country, our communities and the people in them. This is our America, our right.

We intend to continue to challenge and encourage all Americans to remember why we are here in this world.  We are here to treat one another with the kindness and respect every human being deserves. And we hope our elected officials will use their power to do the same.

A few of many recent related posts about recent Trumpian clemency activity:

June 21, 2018 in Clemency and Pardons, Criminal justice in the Trump Administration, Sentences Reconsidered, Who Sentences? | Permalink | Comments (0)

Tuesday, June 19, 2018

Intriguing comments about the politics and persons around FIRST STEP Act and federal criminal justice reform efforts

The Marshall Project has this notable new Q&A under the full headlined "Van Jones Answers His Critics: The CNN host defends his involvement with a controversial prison reform bill and the Trump White House." I recommend the piece in full, and here are snippets reflecting intriguing parts of Jones's thoughtful perspective on the politics and people impacting federal criminal justice reform efforts:

[W]e need a stable bipartisan consensus to undo mass incarceration. In order to get there, we have to break this logjam that existed under President Barack Obama and in Congress. When we had Obama in the White House and [former U.S. Attorneys] Eric Holder and Loretta Lynch in the Department of Justice, we had a pretty robust bill that I fought tooth and nail to try to get passed. It had sentencing reform, prison reform, and every other kind of reform in there. In the fall of 2016, a bunch of people said, “Well, let's not pass this right now. The Democrats are going to have an epic victory. We'll have Hillary Clinton, more Democrats, and we can get an even better bill.” You see what happened. The lesson I learned from that was take the reform you can get when you can get it and keep going....

[Debates over which bill to support] became more of a split between some of the inside-the-Beltway organizations that have a particular worldview that is important, versus a lot of the grassroots groups who are really dealing on a daily basis with incarcerated people looking at the actual content of the bill. There were black people and white people on all sides of that. So as somebody who has been frontline 25 years on criminal justice, you would want people to give you the benefit of the doubt. But if folks choose not to, that's just called democracy.

I get outraged when people like Topeka Sam, an African American woman who was incarcerated, brings a dozen formerly incarcerated women to the White House to advocate for reform and is attacked. I get outraged when Shaka Senghor, who did 19 years in prison and almost 10 years in solitary confinement, speaks up for the bill and gets attacked. On Facebook they were called sellouts, Uncle Toms. I don't think it's appropriate when formerly incarcerated African Americans are vilified this way....

Where is this strong bipartisan coalition for sentencing reform [that some claim exists]? I know that they were able to get the Sentencing Reform and Corrections Act out of committee in judiciary, which is good on the Senate side, but there is zero chance that that bill is going to be brought for a vote by Senate Majority Leader Mitch McConnell in its present form, and there’s not even a strategy to get McConnell to check it out, that I can tell. A lot of the Republicans do want sentencing reform, but they can't start there with a critical mass of their other colleagues.

I think that because this is one of the very few areas of bipartisan agreement, there will be multiple opportunities to come back again on criminal justice reform and to make progress.... I would love to see sentencing reform. Fought for it my whole life. Fought for it before it was popular. I just didn't understand why some people in the Senate want us to try to carry a camel through a keyhole in the House. If they have the votes to get sentencing reform in the Senate, God bless them. We couldn't find those votes in the House. We had to carry through the House what we could carry through the House. Nobody would be happier than me to see sentencing reform taken up by either chamber. But we had to get through the House what we could get through the House.

Here's the irony: If sentencing reform does now get taken up, or it's introduced as a part of the First Step Act, or there's some amalgamation between the two and something does get passed with sentencing reform in it, it will only get passed because we got something more modest through the House first.

Some of many prior related posts:

June 19, 2018 in Aspects and impact of Sentencing Reform and Corrections Act, Criminal justice in the Trump Administration, Elections and sentencing issues in political debates, Who Sentences? | Permalink | Comments (0)

Saturday, June 16, 2018

Paul Manifort has bail revoked ... and has not (yet) gotten rescued from jail by Prez Trump's clemency pen

As detailed in this CNN piece, a very prominent federal defendant grew the number of Americans incarcerated yesterday when he had his bail revoked and was taken immediately to jail:

Former Trump campaign chairman Paul Manafort will await his trial for foreign lobbying charges from jail.  Two weeks after special counsel Robert Mueller's prosecutors dropped new accusations of witness tampering on him, US District Judge Amy Berman Jackson on Friday revoked Manafort's bail, which had allowed him to live in his Alexandria, Virginia, apartment under house arrest.

The order marked an end to almost eight months of attempts by Manafort to lighten his house arrest restrictions after he was charged and pleaded not guilty to foreign lobbying violations. "The harm in this case is harm to the administration of justice and harm to the integrity of the court's system," Berman Jackson told Manafort in court.

The judge emphasized to Manafort how she could not make enough rulings to keep him from speaking improperly with witnesses, after he had used multiple text messaging apps and called a potential witness on an Italian cellphone.  "This is not middle school. I can't take his cellphone," she said of Manafort.  "I thought about this long and hard, Mr. Manafort. I have no appetite for this."

Manafort also entered a not guilty plea to two additional charges levied against him last week, of witness tampering and conspiracy to obstruct justice. In total, he faces seven criminal charges in DC federal court. Three US marshals led Manafort out of the packed courtroom into the prisoner holding area immediately after the judge's ruling. He was not placed in handcuffs. Before he disappeared through the door, he turned toward his wife and supporters and gave a stilted wave.

Minutes later, a marshal returned to give Manafort's wife, Kathleen, still standing in the courtroom's front row, his wallet, belt and the burgundy tie he wore Friday. Court marshals held Manafort in the bowels of the courthouse for several hours following the hearing as they considered how to keep him protected from other inmates behind bars. He arrived about 8 p.m. at the Northern Neck Regional Jail in Warsaw, Virginia, 90 miles south of Washington.

In a tweet, President Donald Trump said the decision to revoke Manafort's bail was "tough," although he referred to it as a "sentence."

I cannot help but recall in this context the decision by Prez George W. Bush, made just under 11 years ago as reported here, to commute the entire prison sentence of I. Lewis "Scooter" Libby to spare him from having to serve his 30 month prison term after his conviction in the CIA leak case.  Notably, Prez Bush's clemency grant came down just a few hours after the DC Circuit refused to allow Libby to remain free on bail during the appeal of his conviction and sentence.  In other words, as soon as Libby was subject to spending even an hour incarcerated, Prez Bush was moved to act to keep him free.  Paul Manafort, notably, has not (yet) gotten the presidential consideration as he has now already spent one (of likely many) nights in jail without even yet having been convicted of anything.  

June 16, 2018 in Clemency and Pardons, Criminal justice in the Trump Administration, Procedure and Proof at Sentencing, White-collar sentencing, Who Sentences? | Permalink | Comments (8)

Wednesday, June 13, 2018

Another notable report on clemency suggesting Prez Trump will be "pardoning a lot of people — pardons that even Obama wouldn’t do"

Vanity Fair is not usually my go-to source for sentencing news, but this new piece includes both White House gossip and a closing paragraph that suggest a lot of sentence news with be forthcoming from that building. The full headline of the piece reveals some of the gossip: "“He Hate, Hate, Hates It”: Sessions Fumes As Kushner Gets Pardon Fever; With Kim Kardashian and liberals like Van Jones, the princely Trump son-in-law is trying to reset his reputation. But not everyone in the administration is happy about it."   And here are the most sentencing-specific parts of the piece:

In recent months, Kushner has cultivated a close relationship with CNN host and criminal-justice reform advocate Van Jones. “Jared is obsessed with Van,” one Trump adviser said. Kushner invited Jones to the White House multiple times and the two communicate frequently, Jones told me. “Jared and I have 99 problems but prison ain’t one,” Jones said. “I’ve found him to be effective, straightforward, and dogged.” Jones has lavished praise on Kushner publicly. In January, Jones wrote a CNN op-ed headlined, “Kushner’s effort to sway Trump on prison reform is smart.”

The Kushner-Jones alliance has infuriated some Republican members of the administration, especially Attorney General Jeff Sessions. “He hate, hate, hates it,” a person close to Sessions said. But Sessions, who is hanging on for survival amidst frequent Trump attacks, has no power to move against Kushner. Sources say Trump may even like that Sessions is outraged because Trump is looking for anything that will get Sessions to quit so he can appoint an attorney general who isn’t recused in the Russia investigation. (The White House did not respond to a request for comment.)

Jones told me Trump liked the positive media coverage that followed his pardon of Alice Johnson at the urging of Kardashian and Kushner. “Trump was pleasantly surprised,” Jones said. “I hope the president feels encouraged to do more.”

One person who recently spoke with Kushner said the president’s son-in-law is gearing up for a big pardon push. The source said Kardashian gave Kushner a list of people to pardon, some of whom are hip-hop artists. “They’re going to be pardoning a lot of people—pardons that even Obama wouldn’t do,” the person said.

A few of many recent related posts about recent Trumpian clemency activity:

June 13, 2018 in Clemency and Pardons, Criminal justice in the Trump Administration, Who Sentences? | Permalink | Comments (1)

Monday, June 11, 2018

"Trump asks for clemency names and lists promptly arrive at White House"

The title of this post is the headline of this notable new article in the Washington Examiner.  Here are excerpts (with one line stressed for commentary):

President Trump told reporters Friday that he wanted to give clemency to more people treated unfairly by the legal system, particularly cases involving people like Alice Johnson, who he released from a life sentence for drug dealing at the request of Kim Kardashian West.  "I want to do people that are unfairly treated like an Alice," he said before boarding a Marine helicopter on the South Lawn of the White House. Hours later, lists of additional names were hand-delivered to the West Wing.

White House counsel Don McGahn and presidential adviser and son-in-law Jared Kushner sat down for separate meetings with a right-leaning policy advocate who handed them lists of dozens of inmates serving long sentences, according to a person involved in the discussions.

McGahn invited the advocate about a week earlier, requesting names, and seemed to react favorably to the case of Chris Young, a 30-year-old from Tennessee with a life sentence since age 22 for a drug conspiracy, the source said. The sentencing judge called Young's penalty "way out of whack," but said he had no choice.

Young’s name was supplied to the advocate by his attorney Brittany Barnett, who also represented Johnson. Dozens of additional names were supplied by the CAN-DO Foundation, which championed Johnson, as well as Families Against Mandatory Minimums. Topping a list of 20 marijuana inmates assembled by CAN-DO were Michael Pelletier and John Knock, who are serving life sentences for smuggling marijuana and unsuccessfully requested clemency from former President Barack Obama.

Pelletier, a paralyzed inmate, received a life sentence for smuggling pot from Canada into Maine, jurisdictions where the drug is now legal or soon will be. Knock’s sentence inspired his sister Beth Curtis to create the advocacy website LifeforPot.com documenting similar cases. "I will die in prison if President Trump does not commute my sentence," Pelletier recently told the Washington Examiner. "Sometimes, I wonder if I'm dead already because I'm living in hell.”

A list of 17 women and six men prepared by CAN-DO was topped by drug-conspiracy convict Michelle West and mail-fraud inmate Connie Farris, women who recently expressed optimism about Trump’s clemency moves, saying they hoped to rejoin their families....

The advocate who brought lists to the White House received the impression that officials may be considering setting up an internal clemency commission to circumvent or supplement the work of the Justice Department’s Office of the Pardon Attorney.

In his remarks Friday morning, Trump claimed he was reviewing 3,000 names of clemency aspirants and invited football players who claim unfairness in the legal system to submit more names.  It’s unclear if Trump actually has a list of 3,000 names.  It’s possible he was referring to the about 3,000 clemency applications — for pardons and commutations combined — that the Office of the Pardon Attorney received during his administration.  But the OPA, which clemency advocates consider slow and biased, has about 11,000 open cases that rolled over from Obama.

Although Trump referred to a clemency-reviewing “committee” on Friday, a White House official said that clemency petitions currently are being reviewed through the standard process, featuring the pardon attorney's office. There's some indication that's the case. Before Trump issued his second pardon to former Navy sailor Kristian Saucier, for example, the OPA abruptly reopened Saucier's case and sent him a detailed personal questionnaire.

“The White House will continue to review pardons and make decisions on a rolling basis,” the official said. “The White House and the Department of Justice receives thousands of clemency applications per year. The Office of the Pardon Attorney at the Department of Justice and the Deputy Attorney General review these applications in order to make recommendations to the White House on potential pardons."...

Amy Povah, the leader of the CAN-Do Foundation, said she’s pleased with Trump’s recent emphasis on clemency. So far, Trump has issued two prison commutations and five pardons, but the quickening pace is giving aspirants hope. “I have always felt that President Trump would be interested in clemency if he understood the fundamental problem with the Office of the Pardon Attorney being controlled by DOJ,” Povah said. “It's a conflict of interest for DOJ to have final say, which is why some of the best cases never made it to the White House during the Obama administration, like Alice Johnson.”

Margaret Love, who served as U.S. pardon attorney between 1990 and 1997, said she’s also optimistic. “It’s great news that the president may be interested in considering additional cases involving harsh prison sentences,” Love told the Washington Examiner. “President Obama’s clemency program was a good start but he left many deserving cases behind.”

As regular readers may recall, way back in 2010, I urged Prez Obama to structurally change the federal clemency system in this this law review article titled "Turning Hope-and-Change Talk Into Clemency Action for Nonviolent Drug Offenders."  I that article I suggested, as a number of commentators have, that the President set up some kind of "Clemency Commission" that would be apart from the work and workings of the Justice Department.  It seems that Prez Obama did not really heed my clemency commission advice (though he ended up doing some good clemency work at the very tail end of his Presidency).  Here is hoping maybe Prez Trump will engineer some needed structural changes. 

A few of many recent related posts about recent Trumpian clemency activity:

June 11, 2018 in Clemency and Pardons, Criminal justice in the Trump Administration, Procedure and Proof at Sentencing, Sentences Reconsidered, Who Sentences? | Permalink | Comments (2)

Sunday, June 10, 2018

Former US Pardon Attorney explains why "Trump’s pardons are really not out of the ordinary"

Margaret Colgate Love, who served as U.S. pardon attorney from 1990 to 1997, has this terrific recent Washington Post piece headlined "Trump’s pardons really aren’t out of the ordinary." Here is how it starts and ends:

President Trump’s newfound enthusiasm for his pardon power has evoked consternation among his critics, in part because he appears to have bypassed the Justice Department’s pardon advisory program.  But having managed that program for almost a decade during the first Bush and Clinton administrations, and represented applicants for pardon and sentence commutation in the 20 years since, I find much of this criticism unwarranted.

There is nothing surprising or necessarily alarming about Trump’s embrace of this broad executive power — even if it has been unconventional.  His grants to date, at least as he explains them, represent a classic and justifiable use of the pardon power to draw attention to injustice and inefficiency in the law.  While many may disagree with the president’s choices, each of them speaks to some widely acknowledged dysfunction in the criminal-justice system.

Moreover, each of his grants has some precedent in recent pardon practice. His most recent grant, to Alice Marie Johnson, a woman serving a life sentence for involvement in drug trafficking, carries on President Barack Obama’s program of sentence commutations. Even his pardon of former Maricopa County, Ariz., sheriff Joe Arpaio last summer echoes President Ronald Reagan’s decision to fulfill a campaign promise by preemptivelypardoning two FBI officials who had approved illegal surveillance of domestic terrorists.

In sum, Trump’s grants to date send a message that business as usual in the criminal-justice system will not be tolerated.  That is how the pardon power was designed to work by the framers of the Constitution.

But while Trump’s pardons are hardly unique, the process that produced them is troublesome.  Trump appears to be relying exclusively on random, unofficial sources of information and advice to select the lucky beneficiaries of his official mercy.  This makes a mockery of the pardon power’s historical operation as part of the justice system, manifested by its administration by the Justice Department since the Civil War.  President Bill Clinton similarly avoided the ordinary pardon review process at the end of his presidency, depriving his grants of legitimacy and threatening long-term damage to his reputation....

As a [reform] model, the federal government might consider Delaware’s clemency system, in which an official board chaired by the lieutenant governor serves as gatekeeper to the governor’s pardon power. This board and its small staff have produced hundreds of recommendations each year, mostly accepted by the governor.  Significantly, the Delaware attorney general’s role is strictly one of an advocate.

While the president’s pardoning options could not be limited without a constitutional amendment, the many practical and political virtues of a Delaware-like management system should encourage presidential compliance.  Congress might even offer a record-sealing benefit for cases that go through the regular process, as South Dakota’s legislature did several years ago after hundreds of “secret” gubernatorial pardons came to light.  This would not only lend greater credibility to specific grants but could also allow pardons to play a more effective role in regulating the operation of the justice system and encouraging law reform.

There are many reasons to be guardedly grateful that Trump has taken an interest in this time-honored constitutional power.  But now we must encourage him to use it more responsibly for the benefit of those who have no friends in high places, if not for the benefit of his own legacy.

A few of many recent related posts about recent Trumpian clemency activity:

June 10, 2018 in Clemency and Pardons, Criminal justice in the Trump Administration, Procedure and Proof at Sentencing, Who Sentences? | Permalink | Comments (0)

"Jeff Sessions Struggles to Get Planned Marijuana Crackdown Going"

The title of this post is the headline of this new Wall Street Journal article with this subtitle summarizing its contents: "Attorney general vowed to toughen federal enforcement of the drug, but he doesn’t have support from Trump or Congress." Here are excerpts: 

Attorney General Jeff Sessions vowed to use federal law to get tough on marijuana, announcing in January he was ending Obama-era protections for the nascent pot industry in states where it is legal. Six months into his mission, he is largely going it alone.

Mr. Sessions’ own prosecutors have yet to bring federal charges against pot businesses that are abiding by state law. And fellow Republicans in Congress, with support from President Donald Trump, are promoting several bills that would protect or even expand the legal pot trade.

As a result, Mr. Sessions, an unabashed drug warrior, has struggled to make his anti-marijuana agenda a reality, a notable contrast with the success he has had in toughening law-and-order policies in other criminal justice areas.

Marijuana advocates say Mr. Sessions’ approach, in seeking to spur a crackdown on the legal marijuana market, has largely backfired. It has catalyzed bipartisan support for research, they say, and for action to improve the young industry’s access to banks, which have been generally unwilling to accept proceeds from pot sales.

Underlining the pushback, Sen. Cory Gardner, (R., Colo.) on Thursday joined Sen. Elizabeth Warren (D., Mass.) in introducing a bill that essentially would allow states to pass their own marijuana laws without interference from the federal government. Mr. Trump on Friday reiterated his support for Mr. Gardner, saying “I know exactly what he’s doing, we’re looking at it, but I probably will end up supporting that, yes.”...

In an unusual move by a Republican senator against his own party’s attorney general, Mr. Gardner blocked nominees for Justice Department jobs after Mr. Sessions announced he was undoing the Obama administration’s approach. Mr. Gardner stood down after receiving assurances that Mr. Trump would support protections for pot-legal states like Colorado, essentially undermining Mr. Sessions on the issue. “If they’ve voted to have a legal industry, then it would allow them to continue forward without violating any federal law,” Mr. Gardner said of the bill he co-authored with Ms. Warren.

House Republicans are also supporting a number of other marijuana-related measures. Rep. Matt Gaetz (R., Fla.) is pushing his colleagues to allow more marijuana research, which he hopes will pave the way to rescheduling pot—that is, categorizing it with less dangerous drugs on the Drug Enforcement Administration’s list of illicit substances.

Supporters of relaxing marijuana drug laws cheer the recent developments. “It was terrific,” said Don Murphy, director of federal policy for the Marijuana Policy Project, said of Mr. Sessions’ threat to the industry. “It moved this issue to a burner.” Pot foes caution it is too soon to judge the impact of Mr. Sessions’ changes. “It’s not a win for Jeff Sessions, but at the end of the day he still directs the department and could have the DEA close marijuana businesses,” said Kevin Sabet, president and CEO of the antipot group Smart Approaches to Marijuana.

Mr. Sessions’ January marijuana policy left federal prosecutors to decide what resources to devote to marijuana crimes, stirring fear among dispensary owners that raids and arrests were imminent. Instead, many U.S. attorneys continued to use their limited manpower to target unusually brazen marijuana operations that are also illegal under state law, such as sprawling marijuana growers on federal lands or gangs that peddle pot along with other drugs.

Billy Williams, Oregon’s U.S. attorney, for example, is targeting the trafficking of marijuana across state lines, organized crime and businesses that supply pot to minors. This in many ways resembles the policy that prevailed under the Obama administration, which urged states to tightly regulate marijuana and keep it from crossing state lines to avoid federal scrutiny. “I’m not making any blanket statements that we wouldn’t prosecute anyone,” Mr. Williams said. “It’s a case-by-case basis.”

Colorado’s U.S. attorney, Bob Troyer, is aggressively prosecuting drug traffickers who grow pot on federal lands, which is against both state and federal law. But his office hasn’t brought charges against dispensaries that comply with the state’s regulations. “We never would give anyone immunity for violating federal law,” Mr. Troyer said. “As those threats evolve and change, something else could rise to the top priority level.”

All the particulars of these stories should be familiar to regular readers of my Marijuana Law, Policy and Reform blog, and here are just a few of many recent posts providing more of those particulars:

June 10, 2018 in Criminal justice in the Trump Administration, Drug Offense Sentencing, Marijuana Legalization in the States, Pot Prohibition Issues, Who Sentences? | Permalink | Comments (1)

Saturday, June 09, 2018

Latest notable statements by AG Jeff Sessions about crime rates and overdose deaths

Just like US Presidents gets to see official jobs numbers before they are officially made public, I suspect US Attorneys General get to see crime data before they are officially made public.  I am thus always eager to see what AG Jeff Sessions has to say about crime trends, and so these comments made Friday as part of these extended remarks to the Western Conservative Summit caught my eye:

In the Trump administration, we know whose side we’re on.  We’re on the side of law and order — and we back the blue, not the criminals.  We want every American to live in peace.

In recent weeks I sent in reinforcements: more than 300 additional federal prosecutors to high-crime parts of this country.  This is the biggest surge in prosecutors in decades.

These efforts are especially important because, when President Trump took office, the country had been reeling from a sudden increase in crime.  Crime had been declining for two decades. The violent crime rate had been cut in half.  The murder rate was cut in half.  Aggravated assault was cut almost in half. Robbery fell by 62 percent.

But from 2014 to 2016, those trends reversed. In the last two years of the Obama administration, the violent crime rate went up by nearly seven percent.  Robberies went up. Assaults went up nearly 10 percent. Rape went up by nearly 11 percent.  Murder increased by more than 20 percent.

But under President Donald Trump, we are stopping these trends. He is a strong supporter of our law enforcement efforts. As he said during Police Week, “If we want to bring violent crime down, then we must stand up for our police.”  And make no mistake, our goal is to bring crime down.

In the Trump era, the ACLU isn’t making our law enforcement policies.  The professionals are. And we’re seeing results. In the first six months of last year, the increases in the murder rate slowed and violent crime actually went down.  Publicly available data for the rest of the year suggest further progress.

Preliminary data for 2018 look even better.  The Major City Police Chiefs Association has reported a 3.8 percent decline in violent crime and 4.7 percent decline in murders, based on 65 reporting agencies.

New CDC preliminary data show that last fall, drug overdoses finally started to decline.  Heroin overdose deaths declined steadily from June to October, as did overdose deaths from prescription opioids.

We need this progress right now — because not only was crime increasing at the end of the Obama administration, but drug overdose deaths in this country increased by more than a third in just two years.

June 9, 2018 in Criminal justice in the Trump Administration, National and State Crime Data, Who Sentences? | Permalink | Comments (0)

Thursday, June 07, 2018

Any suggestions for Prez Trump's "growing list of potential pardons or commutations"?

The question in the title of this post is prompted by this ABC News article headlined "Trump’s ‘solo act’ push for presidential pardons likely to grow, WH officials say." Here are excerpts:

The White House has been working to prepare documents for a growing list of potential pardons or commutations under consideration by President Donald Trump, two senior administration officials told ABC News Thursday. "You don't want to be the person empty-handed when he's asking," one of the officials said. "Need to be ready when the boss is ready to go.”

Officials describe the push for pardons as "a solo act," pointing directly to Trump’s pushing for more and more names. White House aides believe Trump is grasping for names he knows like Martha Stewart and former Illinois Gov. Rod Blagojevich, sources told ABC News, while the aides lobby the president to consider also more unknown Americans who have been behind bars for nonviolent crimes.

The sources said they expect the president's list to grow in the coming weeks. "He's doing it his way and he likes seeing how quick the process has been," one of the sources said. The White House, as ABC News has reported, has been going around the Department of Justice, which is usually heavily involved in such cases.

I sincerely doubt Prez Trump or his aides read this blog and its comments, but one never knows.  So, dear readers, with Prez Trump reportedly "pushing for more and more names," let's give him more and more names.

Especially in light of modern marijuana reforms, I hope someone points Prez Trump and his aides to the Life for Pot site which has detailed lists of Nonviolent Inmates (over 62) Serving​ Life without Parole for Marijuana and Inmates(under 62) Serving ​Sentences of Life without Parole in Federal Prison for Marijuana.  And I cannot help but view John Knock as the first among equals on that list, in part because of the amazing work his sister has done to bring attention to his story and those of other similarly over-sentenced federal defendants.

The amazing Shon Hopwood and FAMM's Kevin Ring has been championing the cause of Matthew Charles (discussed in this recent post), so I am hopeful that his name is already on the radar of folks at the White House.   But I know there are thousands, likely tens of thousands, of persons who can make a reasonable case for receiving clemency in the form of a commutation or pardon.  I welcome names to be listed and cases to be made in the comments.   

UPDATE: This Washington Post WonkBlog piece spotlights a ready source for clemency candidates. The piece is headlined "It’s not just Alice Marie Johnson: Over 2,000 federal prisoners are serving life sentences for nonviolent drug crimes," and it starts this way:

On the advice of Kim Kardashian, President Trump on Wednesday commuted the prison term of Alice Marie Johnson, a 63-year-old great-grandmother, who in 1996 was sentenced to life without parole in federal prison on nonviolent drug and money laundering charges.

It's a somewhat surprising move coming from Trump, a president who has publicly called for executing drug dealers. But Jordan's case underscores how many nonviolent drug offenders are serving life terms in federal prison. According to federal corrections data analyzed by the Sentencing Project, a criminal-justice-reform group, as of 2016 1,907 federal inmates were serving life sentences for drug offenses, which are by definition nonviolent (more on that below).

An additional 103 offenders found guilty of those crimes were serving “virtual life sentences,” which the Sentencing Project defines as sentences of 50 years or more. Under federal law, there is no possibility of parole for crimes committed after Nov. 1, 1987.

June 7, 2018 in Clemency and Pardons, Criminal justice in the Trump Administration, Sentences Reconsidered, Who Sentences? | Permalink | Comments (1)

Large group of former prisoners urge Senate leaders to move forward with FIRST STEP Act

As reported in this article from The Hill, a "group of 40 former state and federal inmates is pushing Senate leaders to take up the White House-backed prison reform bill that has divided Democrats and liberal groups, as well as GOP senators." Here is more:

In a letter Wednesday to Senate Majority Leader Mitch McConnell (R-Ky.), Minority Leader Charles Schumer (D-N.Y.), Judiciary Committee Chairman Chuck Grassley (R-Iowa) and ranking member Dianne Feinstein (D-Calif.), the former prisoners argue the First Step Act, while modest, offers some meaningful reforms....

The former inmates say they know the bill isn’t perfect, but it’s something. “All of us would change the bill in different ways and many of us wished it addressed excessive federal mandatory minimum sentences,” they wrote.  “But we also know that the bill would provide some long overdue relief and hope to more than 180,000 people in federal prison and millions of their family members and loved ones on the outside.”...

Supporters of prison reform say demands for all or nothing is the wrong approach. “We’ve been disturbed by some of the comments we’ve heard that doing nothing is better than doing something and that is not at all what we hear from the tens of thousands of prisoners we’re in touch with,” said Kevin Ring, president of Families against Mandatory Minimums, who spent one-and-a-half years in federal prison. “It’s also inconsistent with our own experiences being in federal prisons and knowing how much reform is needed. Waiting to do anything until you get everything is deeply misguided.”

The full letter and the list of signatories is available at this link. Here is an excerpt of a missive that merits a full read:

Despite the bill’s clear benefits, we have heard some people suggest it would be better for Congress to do nothing rather than pass this bill.  Such talk reflects a disturbing detachment from the hardships that so many families are experiencing today because of our counterproductive federal sentencing and prison policies.

While we do not claim to speak for all people who are serving time in federal prison or their families, we (or the organizations at which we work) are in touch with tens of thousands of these incarcerated individuals and their families every week.  Many of us still have friends and loved ones behind bars.  The people we talk to have no use for abstract debates about whether to pass comprehensive or narrow reform, speculative theories about how passing reform today might impact future reform or, worst of all, political gamesmanship.  These families just need some help.  They shouldn’t have to wait any longer.

We also know from our personal experience that meaningful programming, educational, and job training opportunities in the federal system are lacking.  All too often people are warehoused for decades with no hope.  We know that too many parents are incarcerated so far away from their children that they rarely get to visit them — just imagine seeing your kids once or twice a year, if that.  Going without the hugs and kisses of our loved ones for weeks and months was the most difficult part about being in prison.  We know others who have gone for years without that critical physical contact.  We also know that the Federal Bureau of Prisons’ incorrect calculation of good time credit has deprived people of shortening their lengthy prison sentences.  If anyone tells you these reforms are not “real” or “meaningful” to vulnerable families and individuals across the country, they simply don’t know what they are talking about.

Some of many prior related posts:

June 7, 2018 in Aspects and impact of Sentencing Reform and Corrections Act, Criminal justice in the Trump Administration, Prisons and prisoners, Who Sentences? | Permalink | Comments (2)

Wednesday, June 06, 2018

Kimme’s accomplishment: Prez Trump commutes LWOP sentence of Alice Johnson!!

Only a week after an in-person meeting with Prez Trump, Kim Kardashian West can and should be credited with getting President Donald Trump to do something bold and consequential with his clemency power.  This official White House statement explains:

Today, President Donald J. Trump granted a commutation to Alice Marie Johnson, a 63-year-old great-grandmother who has served almost 22 years in Federal prison for a first-time criminal offense.

Ms. Johnson has accepted responsibility for her past behavior and has been a model prisoner over the past two decades.  Despite receiving a life sentence, Alice worked hard to rehabilitate herself in prison, and act as a mentor to her fellow inmates.  Her Warden, Case Manager, and Vocational Training Instructor have all written letters in support of her clemency.  According to her Warden, Arcala Washington-Adduci, “since [Ms. Johnson’s] arrival at this institution, she has exhibited outstanding and exemplary work ethic. She is considered to be a model inmate who is willing to go above and beyond in all work tasks.”

While this Administration will always be very tough on crime, it believes that those who have paid their debt to society and worked hard to better themselves while in prison deserve a second chance.

I give Prez Trump a lot of credit for now moving beyond seemingly politically-motivated clemencies on to seemingly celebrity-motivated clemencies.  Excitingly, this CNN report today, headlined "Exclusive: Trump considers dozens of new pardons," reports that the Trump Administration "has prepared the pardoning paperwork for at least 30 people," which means we might soon get a lot more than just political-celebrity-buzz-worthy grants. 

As we anticipate even more clemency action, I hope someone makes sure to tell Prez Trump that he is now still 1713 commutations (including 567 LWOP sentences) behind President Barack Obama's modern records.  As this accounting highlights, Prez Obama, after a slow start, became the modern pace setter for federal clemency.  Here is hoping that Prez Trump will look to break Prez Obama's record.

Especially amusing among the stories covering all these clemency developments is this new Splinter piece (which predates the grant to Ms. Johnson).  It is titled "Donald Trump is Reportedly Torn Between Kim Kardashian and John Kelly," and it starts this way:

Picture if you will a befuddled Donald Trump. On one shoulder is a tiny Kim Kardashian angel. A tiny John Kelly devil is perched on the other. Both Kelly and Kardashian begin whispering their advice into the president’s ears.

That, essentially, is what is apparently taking place at the White House, as Trump mulls a pardon for 63-year-old Alice Johnson—a great-grandmother currently serving out a life sentence in prison for a non-violent drug-related conviction—following Kardashian’s high profile oval office visit in late May.

Oh how I wish I had the computer graphics skills to turn this imagined Kimme/Kelly shoulder debate into the gif that keeps on giving, especially now that we know how it turned out.

A few of many recent related posts about Trumpian clemency activity:

June 6, 2018 in Clemency and Pardons, Criminal justice in the Trump Administration, Drug Offense Sentencing, Sentences Reconsidered, Who Sentences? | Permalink | Comments (21)

Tuesday, June 05, 2018

Prez Trump reportedly "obsessed" with pardons and "may sign a dozen or more in the next two months"

The latest dispatch from inside the Beltway on the clemency front comes in the form of this juicy new Washington Post article headlined "Trump fixates on pardons, could soon give reprieve to 63-year-old woman after meeting with Kim Kardashian." The entire article is a must-read, and here are just a few highlights:

President Trump has become fixated on his ability to issue pardons, asking his aides to compile a list of candidates and stirring dissent in the West Wing with his mercurial and seemingly celebrity-driven decisions.

Trump is telling aides that he is now strongly considering pardoning Alice Marie Johnson, a 63-year-old woman serving a life sentence for a nonviolent crime, after meeting with Kim Kardashian last week to discuss her case — a move being resisted by his chief of staff and a top White House lawyer....

A White House official who, like others, spoke on the condition of anonymity said Trump is “obsessed” with pardons, describing them as the president’s new “favorite thing” to talk about. He may sign a dozen or more in the next two months, this person added.

“It’s all part of the show,” said veteran Republican consultant Ed Rollins, a former strategist for a pro-Trump super PAC. “It’s not a rational or traditional process but about celebrity or who they know, or who he sees on ‘Fox & Friends.’ He’s sending the message, ‘I can do whatever I want, and I could certainly pardon someone down the line on the Russia probe.’ ”

The pardon for Johnson could come soon, with the paperwork being finalized Tuesday morning, according to a person familiar with the discussions. Trump’s aides and associates see Kardashian’s celebrity imprimatur as crucial and alluring to the president. But the potential pardon of Johnson has caused consternation in the West Wing, with top advisers — including chief of staff John F. Kelly and White House counsel Donald McGahn — disturbed by the process, according to two people familiar with the discussions.

Kelly has reviewed Johnson’s background and her 1996 conviction — she was sentenced to life in prison on drug possession and money laundering charges — and is not convinced she deserves a pardon, an administration official said. And McGahn has also argued against the possible pardon as an unnecessary action by the president, a second official said.

Jared Kushner, the president’s son-in-law and senior adviser who helped arrange the meeting with Kardashian in the Oval Office last week, has heavily pushed for a pardon for Johnson within the West Wing, these officials said. Kushner attended the meeting between Trump and Kardashian, and having recently had his security clearance reinstated, has been described as newly emboldened by White House aides.

A White House spokesperson said the administration had no current announcements to make on pardons and declined to discuss the specifics of ongoing deliberations....

Trump’s pardons so far have been scattershot, driven by television segments, celebrities, friends and White House advisers who have pressed their cases for pardons that include controversial Sheriff Joe Arpaio, conservative commentator Dinesh D’Souza and Lewis “Scooter” Libby, former chief of staff to Vice President Richard B. Cheney. He also posthumously pardoned heavyweight boxing champion Jack Johnson in May, after being lobbied by actor Sylvester Stallone....

Trump has begun asking friends who else he should pardon, according to an adviser who frequently speaks to the president, and some have offered suggestions. The president has asked McGahn to prepare a list of other pardons for him to consider, administration officials said.

Some people seeking pardons are now making their case on Fox News, the president’s favorite channel, knowing he may be watching. Patti Blagojevich, the former governor’s wife, appeared on “Justice with Judge Jeanine” Saturday night.... On Monday, the wife of former Trump foreign policy adviser George Papadopoulos went on Fox News’ “Tucker Carlson Tonight” and for the first time said she believed Trump should pardon her husband, who pleaded guilty in October to lying to the FBI about Russia contacts during the campaign. Papadopoulos is awaiting sentencing on the felony charge....

The White House is also now weighing whether to grant a presidential pardon to two ranchers from eastern Oregon, Dwight and Steven Hammond, whose 2016 imprisonment on arson charges inspired the 41 day-armed occupation of the Malheur National Wildlife Refuge. Ranching and farming groups, as well as some militia adherents, have pushed for clemency to send a signal that federal officials won’t engage in overreach out West.

The Hammonds’ supporters argue that the two men, originally convicted in 2012 on two counts of arson, shouldn’t have been forced to serve jail time on two separate occasions. While they would have normally served a mandatory minimum sentence of five years, U.S. District Judge Michael Hogan initially gave Dwight Hammond three months and his son Steven a year and a day behind bars. But the government won an appeal over the Hammonds’ sentence in 2015, so they were resentenced to serve out the remaining years of a five-year minimum.

Prior recent related posts about Trumpian clemency activity:

June 5, 2018 in Clemency and Pardons, Criminal justice in the Trump Administration, Sentences Reconsidered, Who Sentences? | Permalink | Comments (5)

Is all the recent Trump clemency action creating (unhealthy?) excitement among federal prisoners?

The question in the title of this post is prompted by this lengthy Washington Examiner article headlined "Alan Dershowitz says anyone can get clemency from Trump, as buzz builds behind bars." Here are excerpts:

President Trump issued his first prison commutation after lunch with Alan Dershowitz. The men talked about Mideast politics before Trump "asked me what else was on my mind, and I told him.  I took advantage of the moment,” the longtime Harvard law professor recalled.

Dershowitz told the president about Sholom Rubashkin, a kosher meatpacking executive who was seven years into a 27-year prison sentence for financial crimes. Not long after, Rubashkin in December became the first — and so far only — person Trump released from prison. "You have to appeal to his sense of injustice," said Dershowitz, who often says on TV that Trump is treated unfairly in special counsel Robert Mueller’s Russia probe. "He feels he is now being subject to injustice, and so he's very sensitive to injustices."

Trump's approach to clemency, exhibited with a flurry of recent statements and official actions, is markedly different from his recent predecessors, generating enormous excitement among inmates.  Dershowitz believes just about anyone has a shot at bending Trump's ear, even though most successful cases have been pushed by well-connected advocates.   "I think if you write a letter to the president and you set down the case in a compassionate way, I think his staff knows that he's looking for cases of injustice. But you have to write it in a compelling way,” he said. “They have to write something that will catch the attention of someone on the president's staff."

So far, Trump has issued one prison commutation and five pardons.  But the pace is quickening.  Last week, he posthumously pardoned boxer Jack Johnson at the behest of “Rocky” actor Sylvester Stallone, saying Johnson’s early 1900s conviction was a race-motivated injustice.  On Wednesday, Trump met in the Oval Office with celebrity Kim Kardashian, who lobbied him to release Alice Johnson, a grandmother jailed for life since 1996 on drug-dealing charges.  Early on Thursday, Trump tweeted that he would pardon conservative author Dinesh D'Souza, who pleaded guilty in 2014 to a campaign-finance felony. Hours later, Trump told reporters he was considering pardoning celebrity chef Martha Stewart and former Gov. Rod Blagojevich, the Illinois Democrat who allegedly tried to sell President Barack Obama's Senate seat.

Although Johnson has not been given clemency, she remains optimistic.  “I'm feeling very hopeful after speaking with Kim about how well the meeting went with President Trump,” Johnson said in an email from prison Friday, facilitated by her longtime supporter Amy Povah, who leads the CAN-DO Foundation....  “I have strong reason to believe that President Trump is going to surprise many people,” said Povah...

Dershowitz said there's a method to the apparent madness of Trump’s clemency grants, which are a sharp break from the early-term stinginess of his recent predecessors. "You have to make him say to himself, 'There but for the grace of God go I, or other people I identify with.' He has to feel the injustice. It's not enough to get online with hundreds of other people showing a law was misapplied. There has to be a sense of gut injustice,” he said....

If there’s anyone who would know Trump’s thinking on clemency, it’s Dershowitz. In addition to pushing Rubashkin’s release, he was consulted by Trump in advance of the recent pardons of D'Souza and I. Lewis "Scooter" Libby, a former aide to Vice President Dick Cheney who was convicted in 2007 but never imprisoned for making false statements. “I said I thought they were both injustices, that there was a whiff of politics around the decision to prosecute D’Souza, and that I did not think Scooter Libby had committed perjury — I thought there was just a difference in recollection,” Dershowitz said.

"When I made the appeal on behalf of Rubashkin, I said, 'You are a businessman, you understand what happens when the government and prosecutors manipulate the system and lower the value of your company in order to increase the value of losses and increase the sentence.' As soon as I said that, he said, 'I get that. I get that. I've been there,’” Dershowitz said. "He immediately glommed onto it because he understood the business implications of it ... there wouldn't have been any losses, or minor losses, but because the government drove the price down, it drove the sentencing guidelines way up."...

“I've always thought President Trump would step up and finish the job that President Obama started but never completed,” said Michelle West, a clemency aspirant in prison for drug-related crimes since 1994. “My daughter, Miquelle West, went to the Obama White House for a clemency summit. In our wildest dreams we never thought that I would be passed over considering she was invited to attend.” West said in an email relayed by Povah that “my daughter was 10 when I went to prison and I pray President Trump will consider me worthy of a second chance.”

Crystal Munoz, 11 years into a 20-year sentence for dealing marijuana, said that she, too, was hopeful, sending Povah the draft of a letter for Trump. Munoz, 38, gave birth to her youngest child in prison.  Connie Farris, a 73-year-old inmate jailed for mail fraud, said "I will never, never give up hope that our president will start releasing women such as myself and others. Please President Trump hear our cry." Farris, seven years into a 12-year sentence, said her husband of 53 years suffers from muscular dystrophy and needs her support.

Although there’s significant hope stemming from Trump’s unconventional approach, there’s also some skepticism that everyday inmates can win a presidential reprieve. “The problem is, the president’s process is a little haphazard, it seems, and a little ad hoc. And then you have this completely Byzantine dead-end of a process at the Justice Department,” said Kevin Ring, president of Families Against Mandatory Minimums.

“I think people are encouraged that he’s going around the Justice Department to look at deserving cases, but it’s not clear that anybody has the ability to get in front of him — so sort of good news, bad news,” he said.  Ring said Dershowitz’s contention that anyone can win clemency with a letter is “a little naive.”  

“There are people who buy lottery tickets every Friday and they’re optimistic because they don’t know the odds. And when people see a winner, that gives them hope,” he said.

Like Kevin Ring, I am a bit concerned to hear that there may be "enormous excitement among inmates" given Prez Trump's clemency record to date.  He has only commuted a single sentence so far, and I have no reason to believe he has plans to start issuing dozens (let along hundreds) of additional commutations anytime soon.  Political realities has seemed to be influencing all of Prez Trump's clemency work to date, and precious few federal prisoner have political forces in their favor.  I sure hope Prez Trump will, as Amy Povah put it, "surprise many people," but I think hopes ought to be tempered for now.

Prior recent related posts about Trumpian clemency activity:

June 5, 2018 in Clemency and Pardons, Collateral consequences, Criminal justice in the Trump Administration, Who Sentences? | Permalink | Comments (7)

Monday, June 04, 2018

Calling Professor Pfaff: Attorney General Sessions announces 311 new Assistant United States Attorney positions

Though there are many elements and nuances to the teachings of Professor John Pfaff, I think of him first and foremost for the notion that, when concerned about modern mass incarceration, we all ought to pay a lot more attention to the role and work of prosecutors and ought to focus a lot more on how we handle violent crime and criminals.  Thus, I could not help but think of the fine Professor upon seeing this official press release today from the Department of Justice. 

Here is the press release's full title: "On the 500th Day of the Trump Administration, Attorney General Sessions Announces 311 New Assistant United States Attorney Positions: Largest Increase in AUSAs in Decades Allocates Prosecutors to Focus on Violent Crime, Civil Enforcement, and Immigration Crimes."  Here is its full text:  

Today, on the 500th day of the Trump Administration, Attorney General Jeff Sessions announced that the Department of Justice is taking a dramatic step to increase resources to combat violent crime, enforce our immigration laws, and help roll back the devastating opioid crisis.  In the largest increase in decades, the Department of Justice is allocating 311 new Assistant United States Attorneys to assist in priority areas.  Those allocations are as follows: 190 violent crime prosecutors, 86 civil enforcement prosecutors, and 35 additional immigration prosecutors.  Many of the civil enforcement AUSA’s will support the newly created Prescription Interdiction & Litigation Task Force which targets the opioid crisis at every level of the distribution system.

"Under President Trump's strong leadership, the Department of Justice is going on offense against violent crime, illegal immigration, and the opioid crisis — and today we are sending in reinforcements," said Attorney General Jeff Sessions.  "We have a saying in my office that a new federal prosecutor is 'the coin of the realm.'  When we can eliminate wasteful spending, one of my first questions to my staff is if we can deploy more prosecutors to where they are needed. I have personally worked to re-purpose existing funds to support this critical mission, and as a former federal prosecutor myself, my expectations could not be higher. These exceptional and talented prosecutors are key leaders in our crime fighting partnership.  This addition of new Assistant U.S. Attorney positions represents the largest increase in decades."

The statements that this is the largest increase in federal prosecutors in decades leads me to wonder, based largely on Professor Pfaff's work, if this personnel development may be more consequential to defining the future size and composition of the federal prison population than any statutory sentencing reform and prison reform bills being considered in Congress.  

June 4, 2018 in Criminal justice in the Trump Administration, Scope of Imprisonment, Who Sentences? | Permalink | Comments (5)

Saturday, June 02, 2018

"Pardon System Needs Fixing, Advocates Say, but They Cringe at Trump’s Approach"

The title of this post is the title of this lengthy new New York Times article.  I recommend it in full, and here are excerpts:

For those who view the Justice Department’s pardon system as slow and sclerotic, with its backlog of more than 11,000 cases, they need only look to the case of Matthew Charles.  Mr. Charles was sentenced in 1996 to 35 years in prison for selling crack cocaine. In prison, he took college classes, became a law clerk and taught fellow inmates.  He was released early, in 2016, and began rebuilding his life, volunteering at a food pantry and even falling in love.

Last month, Mr. Charles was sent back to prison after a federal court determined that he did not technically qualify for early release. His lawyers plan to ask the Justice Department to commute the rest of his sentence, and he appears to fall within its guidelines for clemency. But with nearly 9,000 petitioners for a commutation ahead of him, it could take years for federal law enforcement officials to decide his fate.

Cases like Mr. Charles’s make some criminal justice reform advocates say they would welcome a reform-minded president willing to bypass the system and more boldly wield the constitutional power to grant pardons.

Now they have one in President Trump, who has pardoned five people in his first 17 months in office and bypassed the Justice Department’s recommendation system to do so. This week, he pardoned Dinesh D’Souza, the conservative commentator who pleaded guilty in 2014 to violating campaign finance law. Mr. D’Souza responded on Twitter by claiming victory over what he viewed as a political prosecution and by mocking Preet Bharara, the former United States attorney in Manhattan whose office prosecuted the case.

But by choosing to pardon political supporters whose cases largely failed to meet the basic guidelines for pardons, Mr. Trump could turn a slow and imperfect system into an unequal and unjust one, both liberal and conservative advocates warn, in which those with fame, money or access to the president’s ear are first in line to receive clemency.

“A more regular and robust use of presidential clemency, and a willingness to go around the Justice Department process, would be applauded by many,” said Kevin Ring, a conservative public policy expert and the president of Families Against Mandatory Minimums. “The issue is whether the president will still apply standards and meritocracy. Will he weigh the injustices and mete out justice to reflect the needs of a situation? That doesn’t seem to be the case.”...

The pardon office has a reputation for slow decision making, in part because of the time needed to carefully vet a case. Of the backlog of 11,203 pardon and commutation cases, only 2,876 have been filed since Mr. Trump became president. A lack of resources has also bogged down the process, according to officials involved. The previous pardon attorney, Deborah Leff, resigned because she said she could not get the resources necessary to meet Mr. Obama’s goal to prioritize petitions that would shorten sentences for nonviolent drug offenders....

Advocates who want to see the pardon system overhauled generally support its guidelines for granting pardons and commuting sentences. In general, felons wait five years after conviction or release to petition for a pardon. They must show evidence of rehabilitation and demonstrate that they have led responsible and productive lives after release for a significant period of time. The recommendations of officials including federal prosecutors and judges are also taken into consideration.

“A president that circumvents this system is not necessarily a bad idea,” said Shon Hopwood, Mr. Charles’s lawyer. “Legal scholars have argued for years that it’s inappropriate to have the office of the pardon attorney at the Justice Department. It asks the people who grant pardons and clemency to correct their colleagues, the prosecutors who put people in prison.”

Some regular readers may recall that, way back in 2010, I urged Prez Obama to structurally change the federal clemency system in this this law review article titled "Turning Hope-and-Change Talk Into Clemency Action for Nonviolent Drug Offenders." Here is a snippet from that piece (updated for Trumpian times):

President [Trump] ought to seriously consider creating some form of a "Clemency Commission" headed by a "clemency czar."...  Though a "Clemency Commission" headed by a "clemency czar" could be created and developed in any number of ways, ... [the] basic idea is for President [Trump] to create a special expert body, headed by a special designated official, who is primarily tasked with helping federal officials (and perhaps also state officials) improve the functioning, transparency, and public respect for executive clemency. Though the structure, staffing, and mandates of a Clemency Commission could take many forms, ideally it would include personnel with expertise about the nature of and reasons for occasional miscarriages of justice in the operation of modem criminal justice systems — persons who possess a deep understanding that, in the words of James Iredell, "an inflexible adherence to [severe criminal laws], in every instance, might frequently be the cause of very great injustice."

The Clemency Commission could and should study the modem causes of wrongful conviction, "excessive" sentences, and overzealous prosecutions, and then make formal and public recommendations to the President and other branches about specific cases that might merit clemency relief or systemic reforms that could reduce the risk of miscarriages of justice.  In addition, the Commission could be a clearinghouse for historical and current data on the operation of executive clemency powers in state and federal systems.  It could also serve as a valuable resource for offenders and their families and friends seeking information about who might be a good candidate for receiving clemency relief. Though the creation of a Clemency Commission would be an ambitious endeavor, the effort could pay long-term dividends for both the reality and the perception of justice and fairness in our nation's criminal justice system.

Prior recent related posts about Trumpian clemency activity:

June 2, 2018 in Clemency and Pardons, Criminal justice in the Trump Administration, Sentences Reconsidered, Who Sentences? | Permalink | Comments (2)

Thursday, May 31, 2018

Prez Trump meets with Kim Kardashian to discuss clemency ... and then tweets that he "Will be giving a Full Pardon to Dinesh D’Souza"

I have an inkling that years from now lots of academics may be able to get PhDs based on a robust analysis of President Trump's tweeting. And the last 24 hours would make for an especially interesting account of Prez Trump's various perspectives on criminal justice matters.  Here are just a few Trumpian tweet highlights:

"Great meeting with @KimKardashian today, talked about prison reform and sentencing."

"'The recusal of Jeff Sessions was an unforced betrayal of the President of the United States.' JOE DIGENOVA, former U.S. Attorney."

"Not that it matters but I never fired James Comey because of Russia! The Corrupt Mainstream Media loves to keep pushing that narrative, but they know it is not true!"

"Will be giving a Full Pardon to Dinesh D’Souza today. He was treated very unfairly by our government!"

This CNBC article provides some context for this latest (political) act of Presidential clemency in the last of these linked tweets:

President Donald Trump said Thursday he plans to issue a pardon to Dinesh D'Souza, a prominent conservative commentator and filmmaker who was convicted of making an illegal campaign contribution....

D'Souza pleaded guilty in 2014 to reimbursing two of his associates after directing them to contribute $10,000 each to the 2012 Senate campaign of Wendy Long. He also admitted that he knew what he was doing violated the law.

Then-U.S. attorney Preet Bharara announced D'Souza's conviction at the time. "Dinesh D'Souza attempted to illegally contribute over $10,000 to a Senate campaign, wilfully undermining the integrity of the campaign finance process," Bharara said. "Like many others before him, of all political stripes, he has had to answer for this crime -- here with a felony conviction."...

D'Souza was sentenced to spend an eight-hour day each week in community service as part of a five-year probationary term, according to the Southern District of New York. He also has to attend weekly counseling sessions and pay a $30,000 fine.

Texas Sen. Ted Cruz, an ally of both Trump and D'Souza, applauded Trump's decision in a tweet of his own....

The president has used his pardon power five other times since taking office, including the controversial pardoning of former Sheriff Joseph Arpaio in August 2017.

Though I am always pleased to see any president make robust use of his clemency powers, I find disconcerting the obvious affinity Prez Trump has for using this power for the benefit of prominent political allies.  I am surely naive to hope that Kim Kardashian could have explained to Prez Trump how it could be politically valuable for him to start granting clemency to a bunch of just "regular people" that he claims to care about so much.   As I see it, there are lots of federal felons other than Dinesh D'Souza who have been "treated very unfairly by our government!" Perhaps Prez Trump will see and act on that reality eventually. 

May 31, 2018 in Clemency and Pardons, Criminal justice in the Trump Administration, Sentences Reconsidered, Who Sentences? | Permalink | Comments (10)

Wednesday, May 30, 2018

Disconcerting update on Senate's (lack of) progress on federal statutory criminal justice reforms

The Hill this morning has this extended article under the headline "Senate grapples with prison reform bill." The piece reinforces my fear that criminal justice reform efforts are on the brink of stalling in the upper chamber of Congress. Here are excerpts:

Senate negotiators are warning they are not close to a deal that would allow the prison reform bill to move quickly.

Instead, the fight is pitting two influential GOP senators — Cornyn and Chuck Grassley (Iowa), the Judiciary Committee chairman — against each other as they jockey for competing bills. “We’ve got work to do here on building consensus … but right now we don’t have it,” Cornyn said last week about what happens to prison reform in the Senate.

The GOP divisions could scuttle any chance that the Trump-backed legislation becomes law this year, with leadership unlikely to bring up legislation that would highlight divisions within their own party ahead of the midterm elections. Both Cornyn and Grassley are signaling they plan to press forward with trying to build support for their own separate bills once the Senate returns to Washington, D.C., next week.

Asked if he would budge on his opposition to a prison reform–only bill, Grassley responded, “No.” “We’re going to take up my bill. Or I should say, my bipartisan bill that’s got 28 co-sponsors — equal number Republicans and Democrats....  What the House does through that legislation is about the equivalent of a spit in the ocean compared to what the problem is of too much imprisonment,” Grassley added.

Grassley and Sen. Dick Durbin (Ill.), the No. 2 Democrat, have introduced broad criminal justice reform legislation that would pair prison reforms to changes in sentencing, including reductions in mandatory minimums for certain drug offenses while increasing mandatory minimums for other offenses. Both senators say they’ve made a deal not to separate the prison and sentencing reform components despite pressure from the White House. But that bill is unlikely to be taken up given GOP control of Congress and opposition from key members of the Trump administration. Attorney General Jeff Sessions was an outspoken opponent of the criminal justice reform bill when he served in the Senate.

Grassley acknowledged that he has not convinced Senate Majority Leader Mitch McConnell (R-Ky.) to bring the criminal justice reform bill to the floor. “You’ve got to remember that McConnell doesn’t like the bill, and all I can say is that you ought to let a Republican president who needs a big, bipartisan victory have a bipartisan victory,” he said.

The Kentucky Republican did not move criminal justice reform legislation in 2015 or 2016 amid vocal pushback from four GOP senators. The then-Obama administration supported the bill, and senators in both parties said they had 60 votes to pass it. Supporters of the narrower prison reform–only legislation are seizing on the opposition from key Republicans and the Trump administration as they push for their bill....

Cornyn added that the decision boils down to either passing prison reform or accepting that Congress will take no action for the foreseeable future in the criminal justice space. But it’s unclear if McConnell would be willing to move a bill without Grassley’s support....

And on Capitol Hill, Sen. Tom Cotton (R-Ark.), one of Trump’s closest allies in the Senate, is privately raising concerns about the bill. A spokeswoman for the senator said Cotton has “concerns with provisions in the bill pertaining to lenient treatment for heroin and fentanyl traffickers.” Cotton, Sessions and GOP Sens. David Perdue (Ga.) and Orrin Hatch (Utah) were a small but vocal group of Republicans senators deeply opposed to broader criminal justice legislation that included both prison reform and changes to mandatory minimum sentencing.

Cornyn acknowledged that he has spoken to Cotton about trying to address his issues with the prison reform bill. “I’ve told him we’re going to work with him and come up with something that I think he’ll be able to support,” Cornyn said, “but he did express some concerns.”

Some of many prior related posts:

May 30, 2018 in Aspects and impact of Sentencing Reform and Corrections Act, Criminal justice in the Trump Administration, Mandatory minimum sentencing statutes, Who Sentences? | Permalink | Comments (0)

"Trump wishes he hadn't picked Jeff Sessions for attorney general"

The title of this post is the headline of this new CNN article.  My first snarky reaction to this headline was to mutter "join the club" and also to recall my failed advocacy here for Ted Cruz to be Prez Trump's AG pick.  Especially given Jared Kushner's obvious commitment to significant criminal justice reforms, I think advocate for sentencing reform have to look at this headline and continued to imagine what might have been had Prez Trump picked another AG.

That all said, I cannot help but wonder if Prez Trump's continuing disaffinity for AG Sessions (and enduring affinity for Jared Kushner) can still serve as a kind of good news for sentencing reform advocates.  Though I doubt AG Sessions will resign, it seems unlikely Prez Trump will fully trust him or back him on issues like criminal justice reform or marijuana reform that obviously divide folks in the Trump Administration and throughout the GOP leadership.  So, if the Senate manages to get some piece of sentencing reform into a federal criminal justice bill, AG Sessions' advocact of a veto will not likely carry the day with Prez Trump if Kushner and key GOP leaders are backing the measure.

May 30, 2018 in Criminal justice in the Trump Administration, Who Sentences? | Permalink | Comments (4)

Friday, May 25, 2018

Explaining the sudden resignation last week of federal Bureau of Prisons chief

As reported in this post last week, Mark Inch, the director of the federal Bureau of Prisons abruptly resigned on the very day that the White House was having a big event promoting prison reform.  Now the New York Times has this big article explaining why under the headline "Turf War Between Kushner and Sessions Drove Federal Prisons Director to Quit." Here are excerpts: 

When Jared Kushner hosted a high-profile summit meeting on federal prison reform at the White House last Friday, some in attendance noticed that the man who was ostensibly in charge of the federal prison system, Mark S. Inch, a retired Army major general, was nowhere in sight.

Only Mr. Kushner and a few others knew that Mr. Inch, a genial former military police commander appointed to oversee the Federal Bureau of Prisons and its more than 180,000 inmates just nine months ago, had two days earlier submitted his resignation as the bureau’s director to Deputy Attorney General Rod J. Rosenstein. By the time President Trump entered the East Room, Mr. Inch had already been ordered to vacate his office and had begun packing up books and memorabilia from his 35-year military career.

Mr. Inch told Mr. Rosenstein he was tired of the administration flouting “departmental norms.” And he complained that Attorney General Jeff Sessions had largely excluded him from major staffing, budget and policy decisions, according to three people with knowledge of the situation. Mr. Inch also felt marginalized by Mr. Kushner, the president’s son-in-law and senior adviser, in drafting prison reform legislation, the officials said.

He found himself caught in an ideological turf war between Mr. Kushner and Mr. Sessions. Mr. Kushner has championed reforms to the corrections system and more lenient federal sentencing, and Mr. Sessions, a law-and-order conservative and former Alabama attorney general, has opposed significant parts of the bipartisan prison reform bill that Mr. Kushner backs, according to officials.

Mr. Kushner, with the president’s support, has been pushing prison reform legislation meant to reduce recidivism by incentivizing inmates — with the possibility of early release to halfway houses or home confinement — to take part in job training and other rehabilitation programs. Early in the administration, Mr. Kushner and Mr. Sessions came to an agreement, according to a former administration official involved in their talks. Mr. Kushner would press ahead with prison reforms but avoid a politically divisive issue he cared even more strongly about, sentencing reform, which the attorney general and Senator Mitch McConnell, the majority leader, both adamantly oppose.

But Mr. Sessions, not Mr. Kushner, controls the prison bureau. And he has quietly worked to ensure that any reforms that might be seen as excessively lenient toward inmates are put into place only after time-consuming study, according to officials....

But some see Mr. Inch’s exit as an opening for Mr. Trump to take a more sweeping approach that would include sentencing reform — one of the few issues that offer him a chance for the kind of big, bipartisan deal he promised during the 2016 campaign. “The rap against General Inch is that he wasn’t a real reformer. In that sense, his departure is an opportunity,” said Kevin Ring, president of Families Against Mandatory Minimums, a Washington-based advocacy organization that is broadly supportive of Mr. Kushner’s reform efforts. “There’s a real struggle going on now about whether or not to reform the bureau, and it was increasingly clear that he wasn’t in a position to reform that agency.”...

Two senior White House officials said Mr. Kushner made a point of inviting Mr. Inch to meetings on the proposed legislation, but Mr. Sessions and his staff often sent other officials in his place. “The attorney general firmly stands behind the principles of prison reform,” said Sarah Isgur Flores, a spokeswoman for Mr. Sessions. “On this specific bill, we have worked closely with the team to offer suggestions that we believe will protect safety and improve rehabilitative outcomes.”...

For now, the Bureau of Prisons will be run by its former assistant director, Hugh J. Hurwitz, a career bureau official. Mr. Sessions was taken by surprise when Mr. Inch resigned and has not begun his search for a permanent successor, according to a Justice Department official.

Even without some form of prison reform legislation passing, the leader of the Bureau of Prisons is in a very important position for any and every federal defendant sentenced to any period of incarceration.  Who AG Sessions seeks to install in that role becomes even more important if (and I hope when) some form of federal prison reform gets enacted in the coming months.

May 25, 2018 in Criminal justice in the Trump Administration, Prisons and prisoners, Who Sentences? | Permalink | Comments (1)

Tuesday, May 22, 2018

FIRST STEP Act passes US House of Representatives by vote of 360-59(!), but its fate in Senate remains uncertain

The prospect of at least partial federal statutory criminal justice reform got that much brighter this afternoon when the US House of Representatives voted overwhelmingly in favor of the FIRST STEP Act.  The vote was 360-59, with Republicans voting 226 to 2 in favor of the bill (not doubt in part because of Prez Trump's strong advocacy for prison reform), and Democrats voting 134 to 57 in favor of the bill. Democratic opposition was certainly based on the failure of the bill to include any sentencing reforms, and this Reason article highlights why this reality might bode ill for the bill's prospects in the Senate.  The Reason piece has this fitting headline: "Prison Reform Bill Passes The House; Is Prison Reform Dead? The House passed a major, bipartisan prison reform bill backed by the White House, but it’s being attacked from all sides."  Here are excerpts:

The House passed legislation that would introduce several significant reforms to the federal prison system today, but the bill's future is uncertain and its passage has openly divided a criminal justice coalition that has worked together, at least in public, for the past several years.

The FIRST STEP Act, which includes a number of substantive changes to the federal prison and reentry system, passed by a vote of 360-59 and now goes to the Senate, but advancing to the White House is not a sure thing. Democrats are split on it, old-school conservatives are drumming up opposition from law enforcement groups, and progressive advocacy groups are attacking it from the left. Sen. Chuck Grassley (R-Iowa), the chair of the Senate Judiciary Committee and the Republican pointman on criminal justice reform, says the bill is dead in the water unless it includes major reforms to federal sentencing law as well.

Trying to keep the whole thing from falling apart are a bipartisan group of House members, the White House—where prison reform has been a priority for President Trump's son-in-law and senior adviser Jared Kushner—and criminal justice groups who say some progress is better than none.

"I think unfortunately there are groups that would like to see sentencing reform happen right now and are not willing to settle for less," says Jessica Jackson Sloan, co-founder of #Cut50, a group that works to lower the U.S. prison population. "In some ways it's strategic because they helped us to make this bill as good as it can be, but at this point it's splitting the Democrat vote and we need a strong show of support to have this taken up in the Senate."...

The bill has sharply divided Democrats. On one side is Rep. Hakeem Jeffries (D-N.Y.), the bill's co-sponsor, and others who say it would provide better conditions and the possibility of earlier release for the roughly 180,000 inmates serving time in federal prison. "Any objective reading of this bill is that it will improve inmates' quality of life," Jeffries said on the House floor prior to the vote.

On the other side are Democrats who say the good provisions in the bill are outweighed by core concerns over how the overcrowded, underfunded Bureau of Prisons system would handle the new programs and changes. In a "dear colleague" letter released last week, Sen. Dick Durbin (D-Ill.), Sen. Cory Booker (D-N.J.), Sen. Kamala Harris (D-Calif.), Rep. John Lewis (D-Ga.), and Rep. Sheila Jackson-Lee (D-Tx.) wrote that the reforms would fail without broader sentencing reforms....

Meanwhile in the Senate, Grassley and a bipartisan group of co-sponsors are pushing the Sentencing Reform and Corrections Act, which includes reductions to federal mandatory minimum sentences. The bill is the result of years of negotiation between Senate Republicans and Democrats, and the lead negotiators don't want to see their work languish.

"With the President's encouragement, I believe we can reach a deal on criminal justice reform," Grassley said in a statement Tuesday. "For that deal to pass the Senate, it must include sentencing reform. This is necessary for practical as well as political reasons."

However, sentencing reform is a non-starter for the White House, where Attorney General Jeff Sessions — a staunch opponent of criminal justice reforms — holds sway....

For supporters of the bill, the last few months have felt like an unending game of whack-a-mole. "One obstacle pops up and you knock it down," says Holly Harris, Executive Director at the U.S. Justice Action Network. "This has been a delicate dance from the beginning.  I think this will be the most well-vetted bill that Congress has seen in years. It's been a long time coming, and those who stand in the way of progress, those will be the losers in this situation."

Some of many prior related posts:

May 22, 2018 in Aspects and impact of Sentencing Reform and Corrections Act, Criminal justice in the Trump Administration, Prisons and prisoners, Who Sentences? | Permalink | Comments (1)

Monday, May 21, 2018

On eve of planned House vote on FIRST STEP Act, NY Times editorial misguidedly asserts a "partial bill could end up being worse than nothing"

The on-going debate over competing proposals for federal statutory criminal justice reform continues to fascinate me, but I am getting ever more troubled by suggestions from certain folks that the FIRST STEP Act is so bad and that the Sentencing Reform & Corrections Act is a so much better.  This new New York Times editorial, headlined "The Right Way to Fix the Prisons," reflects this thinking, and here are excerpts with passages stressed that particularly concern me:

For more than a decade, states of every political hue — from Texas and Louisiana to Connecticut and California — have been overhauling their criminal justice systems, to reverse the effects of decades of harsh and counterproductive policies.  But Congress has watched this revolution from the sidelines, thanks to reactionary lawmakers, including Mr. Sessions when he was in the Senate.  Comprehensive federal legislation has been foiled again and again, as states forge ahead, reducing both prison populations and crime rates through bipartisan reforms....

One bill backed by the White House, known as the First Step Act, would improve some prison conditions and help smooth the path to re-entry for people behind bars. It would, for example, require that inmates be housed within 500 miles of their families, prohibit the brutal but disturbingly common practice of shackling pregnant women and expand rehabilitative programs in which prisoners can participate to earn good-time credits.  These are all important and long-overdue fixes to existing law.

But the bill would leave it up to individual prison wardens to decide who gets to use their credits and when, which means inmates would be treated differently based on where they’re locked up.  The bill also restricts early release to halfway houses, even though as many as 40 percent of people behind bars pose no risk to public safety, according to a study by the Brennan Center for Justice, and would do fine with less intensive oversight, such as electronic monitoring.  On top of that, federal halfway houses are so underfunded that even inmates who are eligible for immediate release can’t go anywhere, because there aren’t enough beds available.

The biggest problem with the First Step Act, however, isn’t what’s in it; it’s what’s left out.  Specifically, sentencing reform.  Harsh sentencing laws passed in the 1980s and 1990s, like mandatory minimums of 10 or 20 years even for low-level drug crimes, have been among the main drivers of the nation’s exploding prison population....

Mr. Grassley is sponsoring the Sentencing Reform and Corrections Act, which would reduce the harshest sentences for nonviolent drug crimes and give judges more discretion to issue lighter sentences.  The bill nearly passed Congress in 2016, only to be killed by then-Senator Jeff Sessions.... Mr. Grassley’s bill has the support of top senators of both parties, as well as law-enforcement leaders and the Leadership Conference on Civil and Human Rights, a coalition of more than 200 civil-rights organizations.  It’s not perfect, but it’s far preferable to the First Step Act, which could get a vote in the House as soon as this week.

Meanwhile, liberal backers of the First Step Act, like Representative Hakeem Jeffries, the New York Democrat who is sponsoring the bill, argue that it’s better than nothing, especially in the current political environment. “We have a Republican president. Republicans control the House of Representatives and the Senate,” Mr. Jeffries wrote in letter to his colleagues on Friday. “Those are the facts.”

He’s right.  And yet a partial bill could end up being worse than nothing, especially if its benefits don’t live up to expectations, and if Congress, which has many other pressing matters to attend to, decides it’s had enough of the topic.  “Get a bill to my desk,” Mr. Trump said on Friday. “I will sign it.” If he means this, and if he genuinely cares about reforming the federal justice system, he’ll demand a bill that addresses the system’s most pressing problems.

Though this Times editorial references Rep. Hakeem Jeffries' extended letter defending the FIRST STEP Act, I wonder if the details of this important missive was fully understood.  That letter highlights that many of the prison reform provisions are MUCH improved in the FIRST STEP Act as compared to the SRCA.  Of particularly importance, the FIRST STEP Act includes the "Good Time Credit" fix, which serves functionally as a 2% across the board cut to prison terms for all current and all future federal prisoners.  There is no proper way to claim that a permanent and retroactive 2% cut in all federal prison terms "could end up being worse than nothing."  Moreover, it bears noting that the SRCA is anything but major sentencing reform, as it is only forecast to impact less than 5% of all cases annually under the US Sentencing Commission's estimates.  

In other words, the SRCA offers a worse version of prison reform cobbled together with a weak version of sentencing reform.  Even on the substantive merits, I am not sure I would prefer SRCA to the FIRST STEP Act.  (And of course, Congress has been trying to pass variant on the SRCA for now nearly half a decade to no avail.)   Most critically, the passage of the SRCA would be much more likely to bring what the NY Times fears, namely a reform bill that does not live up to expectations and yet allows Congress to feel it can move on after having done something "comprehensive."  In contrast, the FIRST STEP Act, if passed, will be in both name and spirit just what is needed here: a real improvement that is widely understood as only the first of many needed steps toward fixing a deeply flawed federal sentencing and prison system.

Some of many prior related posts:

UPDATE: This Politico article from Monday night, headlined "Trump-backed prisons bill DOA in the Senate," suggests that neither the FIRST STEP Act or the SRCA has much of a chance to make it through the Senate no matter what happens in the House.  Though the headline of this Politico piece is disconcerting, the full article is not quite so pessimistic and reinforces that Judiciary Chair Senator Chuck Grassley and Senate Leader Senator McConnell are the critical players for the future of any federal statutory criminal justice reforms for the foreseeable future. 

May 21, 2018 in Aspects and impact of Sentencing Reform and Corrections Act, Criminal justice in the Trump Administration, Prisons and prisoners, Reentry and community supervision, Who Sentences? | Permalink | Comments (5)

"President Trump supports prison reform"

85940444-fb0b-4222-9893-8d947ed60a7f (1)The title of this post is the heading of the lead item on "1600 Daily," the daily promotional email coming from the White House.  Here is what appears under the heading:

Crime imposes a significant burden on Americans' well-being and taxpayer-financed resources. These costs are amplified by re-arrest rates for released American prisoners that exceed 50 percent. Many programs have been tried to reverse this trend over the past few decades. Some of them work; some don't.

President Donald J. Trump supports prison reform legislation that builds on evidence-based programs to reduce prisoner recidivism rates. The President has called on Congress to help former inmates who have completed their sentences to have a second chance to become contributing members of society.

The White House hosted a summit on prisons last week. "Prison reform is an issue that unites people from across the political spectrum," President Trump said. "It's an amazing thing. Our whole nation benefits if former inmates are able to reenter society as productive, law-abiding citizens."

Learn how President Trump wants to fix America's prison system.

WatchHighlights from the President's remarks at the White House summit

This Fact Sheet (which is the first link above) strikes me as a reasonably detailed statement of reasonably progressive federal prison reforms (e.g., there is discussion of the need to "Expand access to prison work programs to allow all eligible inmates who want to work to gain job skills while incarcerated and prepare for successful reentry into society" and "Allowing BOP to place low-risk offenders in home confinement for the maximum amount of time permitted when appropriate" and "Requiring BOP to make female-healthcare products available for female prisoners").  I would be eager to hear from experts who are especially informed about prison reform and the federal system as to what particular prison reforms they see missing from these White House talking points.

Of course, criminal justice reform advocates are rightly troubled by this Administration's disaffinity for any front-end sentencing reforms.  The Fact Sheet notable states: "Rather than lowering sentences, the President supports reforms that empower prisoners participating in recidivism-reducing programming to obtain 'earned-time' credits."  I am not sure if this statement intimates that Prez Trump would veto a bill that included sentencing reforms, but I am sure this statement accounts from why so many GOP leaders are much more bullish on the FIRST STEP Act than on the SCRA.  

Some of many prior related posts:

May 21, 2018 in Criminal justice in the Trump Administration, Prisons and prisoners, Who Sentences? | Permalink | Comments (0)

Saturday, May 19, 2018

The latest political back and forth, on both sides of the aisle, as federal prison reform efforts gain momentum

Politico has two fascinating new articles about on-going political debates and maneuvering surrounding the FIRST STEP Act.  That proposal, as reported here, received a 25-5 vote in favor in the House Judiciary Committee ten days ago, and it seems to be the top federal criminal justice reform bill with a real chance to get to the desk of Prez Trump in the coming months. Here are the full headlines and the start of each Politico article:

"Trump pushes for prison reform bill that divides Democrats: The split among Democrats over whether to support a narrow bill or push for sentencing reductions spilled into the open on Friday":

President Donald Trump on Friday embraced a bipartisan prison reform proposal, but a sharp divide among Democrats on the issue threatens to undermine the deal.  The discord was on display Friday as Rep. Hakeem Jeffries of New York circulated a scathing letter accusing fellow Democrats of trying to tank the effort by waging an opposition campaign “riddled with factual inaccuracies.” At issue is whether to move ahead with a more narrow overhaul or to hold out for a broader criminal justice bill that includes sentencing reductions.

Trump vowed in his remarks that his administration would make circumstances "far, far, far greater than ever before" for former prisoners looking to rebuild their lives.  But other leading Democrats are fighting Jeffries' approach, pushing for the sentencing reductions, which are opposed by the Trump administration. Jeffries' rebuke came in response to a letter [posted here] criticizing the narrower prisons bill circulated on Thursday by Senate Minority Whip Dick Durbin (D-Ill.) and Rep. John Lewis (D-Ga.), among others.

"Cotton jolts prison reform negotiations":

Multiple law enforcement groups say Sen. Tom Cotton’s office approached them about opposing a bipartisan prison reform bill — a key legislative priority for President Donald Trump — according to emails reviewed by POLITICO.

Cotton’s office says it made no direct request for groups to oppose the bill. But the outreach from the Arkansas Republican, one of Trump's closest allies in Congress, has left supporters of the prison reform effort suspicious that he is trying to tank the Trump-backed legislation before it reaches the Senate.

Cotton is a stalwart critic of broader criminal justice overhaul proposals but has yet to publicly come out against the narrower, prison-focused approach that Trump is backing. However, the emails reviewed by POLITICO show at least two leading law enforcement groups discussing a call by Cotton’s office this week for letters of opposition on prison reform ahead of a White House summit Friday on the issue.

In one instance, the request from Cotton’s camp appears to have lost the prisons bill a supporter: The Federal Law Enforcement Officers Association, which had declared its endorsement in February, wrote to House and Senate Republican leaders on Friday announcing it was reversing that position and would oppose the prison reform bill, citing changes made to the measure in recent weeks. A member of the organization said Cotton’s office had asked the group to send a letter of opposition, according to one of the emails reviewed by POLITICO. The FLEOA did not return a request for comment.

In a separate email shared with POLITICO, another top law enforcement group said it and other similar organizations had been contacted by Cotton’s office with a request to oppose the bill in writing.

Cotton spokeswoman Caroline Tabler said the office had not directly requested any public opposition. “Senator Cotton believes it’s important that we get prison reform right, and that any legislation must fully protect law-abiding Americans. He’s consulted with Arkansans and several law enforcement groups and is actively working with his colleagues to address his concerns with the current bill,” Tabler said in a statement.

I suspect that there are not many examples of Senator Tom Cotton and Senator Kamala voting similarly on a high-profile piece of legislation, but the latest news and developments concerning federal criminal justice reform suggests they may both end up voting no (albeit for different reasons) if and when the FIRST STEP Act comes up for a vote in the Senate. Interesting times.

Some of many prior related posts:

May 19, 2018 in Aspects and impact of Sentencing Reform and Corrections Act, Criminal justice in the Trump Administration, Elections and sentencing issues in political debates, Who Sentences? | Permalink | Comments (3)

Friday, May 18, 2018

Prez Trump pledges to sign prison reform that will be "best in the world"

As reported in this CBS News piece, both President Trump and Vice President Mike Pence spoke at a prison reform summit the White House this morning. Here are some of the details:

Pence, taking to the podium, called prison reform a top priority for the Trump administration. Pence said the current prison system "too often" misses an opportunity to help improve people's lives, and instead just makes American communities more dangerous. Pence said the Trump administration will continue to hold accountable those who break the law, but also recognize that too many ex-offenders feel they have nowhere else to turn once they leave prison, and return to crime. "Prison reform is about changing lives, and about changing communities," Pence said.

The White House has hosted such discussions before, although not in such a large summit. But the reforms Mr. Trump's administration has floated before mostly entailed better preparing inmates for reentry and reducing recidivism rates, not the sentencing reform that liberals and some conservatives have hoped for in recent years. Trump son-in-law and senior adviser Jared Kushner, who has made prison reform a top issue in his portfolio, said Mr. Trump is "all in" on prison reform, but explained why the White House's focus is narrow for now.

"Sentencing reform is something that people still have different opinions on," Kushner said, noting how Washington has been unable to come to a consensus on the matter for years. Kushner said he thinks the country's system of governance works well, and requires intense deliberation on pivotal issues like prison reform.

I was able to hear live a few of the comments by Prez Trump, and he pledged to sign the prison reform bill Congress delivered to him and he closed by asserting, in Trumpian fashion, that the prison reforms would be the "best in the world." People who know about prisons around the world, particularly in Scandinavia and other part of Europe, surely realize that Prez Trump is setting quite a high bar for US prison reform. But I was please to hear him make this commitment and continue to be hopeful that the energized support of the Trump Administration helps ensure that at least some form of federal criminal justice reform becomes a reality this year.

May 18, 2018 in Criminal justice in the Trump Administration, Prisons and prisoners, Who Sentences? | Permalink | Comments (7)

Thursday, May 17, 2018

Five prominent congressional Democrats write in opposition to federal statutory prison reform without broader sentencing reform

As reported in this Politico piece, a set of "powerful Democrats stepped up their opposition campaign against a bipartisan bill on prison reform via a lengthy letter Thursday, their latest attempt to stamp out momentum for the proposal before it hits the House floor next week." Here is more:

The Democrats’ five-page opposition letter, which describes the bill as a “step backwards,” is just the latest volley in an ongoing battle over how far Congress should go this year to overhaul the nation’s criminal justice system.  The legislation is backed by the White House and could be the last real chance for a bipartisan success — no easy feat in a contentious election year — but has several key opponents, particularly in the Senate.

Rep. John Lewis (D-Ga.), the revered civil rights leader and one of the most influential members of the House Democratic Caucus, signed on to the letter.  Other Democrats already known to be opposed to the prison bill also added their names: Senate Minority Whip Dick Durbin of Illinois, Sens. Cory Booker of New Jersey and Kamala Harris of California, and Rep. Sheila Jackson Lee of Texas.

“We write to express our serious concerns with the First Step Act, legislation that purports to reform federal prisons but which would in fact be a step backwards,” they wrote. They go on to say that the bill, which would provide training programs for prisoners that are aimed at reducing repeat offenses, could actually have the opposite effect by putting in place policies that are more discriminatory toward inmates of color.

The letter — particularly Lewis’ opposition — could be a significant blow to efforts by the bill’s supporters to round up support ahead of an expected floor vote next week.  Reps. Hakeem Jeffries (D-N.Y.) and Doug Collins (R-Ga.), lead authors of the push for prison reform, have been meeting with members since the bill sailed out of committee last week....

The letter takes several shots at the prison reform proposal, saying that it doesn’t provide enough funding to be effective and that Sessions, a vocal opponent of criminal justice reform, would have far too much autonomy over the new programs.

The bill has strong Republican support in the House — all but one Republican on the House Judiciary Committee, including several far-right members, backed the proposal. But the legislation has divided Democrats, particularly members of the Congressional Black Caucus and the Congressional Progressive Caucus.

Lewis’ opposition to the bill could be particularly influential for Democrats deciding how to vote.  But the bill’s authors can also point to several prominent backers on their side, including CBC Chairman Cedric Richmond (D-La.) and Rep. Keith Ellison (D-Minn.), a leading progressive.

The full five-page "Dear Colleague" letter is available at this link, and it reiterates a series of arguments that the progressive opponents of prison reform have been making for months. As I have said before, though I see merit in many of the criticisms of prison-only reform efforts, I struggle to see any path forward for more robust reforms in the immediate future.  (There is also the irony that the prison-reform provisions they criticize in the FIRST STEP Act also appear in the broader sentencing reform bill they promote as an alternative.) 

As I noted in this recent post, broader reforms have now been robustly discussed for the better part of a decade and they did not become law even when there was a supportive Prez and Attorney General.  Perhaps the authors of this letter have a viable plan for getting a better bill to the desk of the Prez and signed into law, but I know I am more than tired of waiting to see any kind of serious criminal justice reform passed by Congress.  (Keep in mind it has been a full eight years since the passage of the Fair Sentencing Act, the last notable statutory sentencing or prison reform, and that law only addressed one crime that makes up now less than 5% of the federal caseload.)

The strategy of hoping for more favorable political conditions for broader sentencing reform strikes me as an especially risky strategy given AG Jeff Sessions' obvious disaffinity for any reforms and his ability and eagerness to use any crime data and developments to make the case against reform.  If crime data in the coming months show a continued rise in crime, AG Sessions is sure to argue that cutting sentences at a time of rising crime is misguided; if data instead show a new decline, AG Sessions is sure to assert that his policy changes have been efficacious and that current law preserves the status quo. 

Some of many prior related posts:

May 17, 2018 in Aspects and impact of Sentencing Reform and Corrections Act, Criminal justice in the Trump Administration, Elections and sentencing issues in political debates, Who Sentences? | Permalink | Comments (0)

Tuesday, May 15, 2018

Puzzling through the current politics of pursuing federal statutory criminal justice reforms

Rolling Stone has this notable new report on the latest politics surround federal criminal justice reform efforts under the headline "'We Don't Have to Worry About Senator Sessions': A look inside the Congressional battle for criminal justice reform." Here are excerpts:

Less than one month ago, there was no hope for any meaningful criminal justice reform to make its way out of this Republican-controlled Congress. But last week a large, bipartisan block of members of the House Judiciary Committee passed a narrow prison reform bill aimed at stemming the recidivism rate. That tees it up for a floor vote, even as many political watchers have predicted most major legislative efforts will be put on hold until after voters go to their polling booths in November.

"This is just a money and morals issue for me," Rep. Doug Collins (R-GA), who is one of the bill's lead authors, tells Rolling Stone.  "It's about money that we're saving by not only redirecting that in our prison system, but also the moral aspect that everybody deserves a second chance."

Collins was able to revive the effort by massaging the bill with his ally Rep. Hakeem Jeffries (D-NY), who represents Brooklyn and Queens and is a member of the Congressional Black Caucus.  The legislation sailed through their House committee by a lopsided 25-5 vote, but it faces stiff opposition in the Senate from those who want it to go much further in overhauling the nation's system of mandatory minimum prison sentences that critics say constrain the nation's judges and have left prisons brimming with nonviolent drug offenders.

"I'm disappointed, but it doesn't change anything that we have to do over here," Sen. Chuck Grassley, the chair of the Senate Judiciary Committee, tells Rolling Stone. "[Senate Minority Whip Dick] Durbin and I are working together to make sure that if there's going to be anything done on criminal justice reform, it's going to contain sentencing reform."...

Collins says they were able to revive the bill in the House because they narrowed its scope to win over Attorney General Jeff Sessions. "We're not dealing with sentencing reform at this point, and he understood that," Collins said.

In response to reports that Sessions supported the measure, a DOJ official tells Rolling Stone that Sessions did not, in fact, sign off on the House bill, and that he opposes it.  The official refused to elaborate on reasons why.

But Grassley maintains the attorney general is irrelevant on the issue – even though he's the top law enforcement official in the nation. "We don't have to worry about Senator Sessions," Grassley tells Rolling Stone. "Why's that?"

"We don't have to worry about Senator Sessions," he repeated. "You don't have to know why. We just don't have to worry about him."  Grassley's staff refused to answer questions as to whether the senator has been assured that Trump would sign a mandatory minimum bill over Sessions' protest, or, on a more sinister note, whether Grassley believes Sessions will remain in his current position as attorney general.

Independent of Sessions, however, it's unclear whether there's enough support in Congress to pass criminal justice reform that leaves mandatory minimums untouched. Supporters of the House bill argue that doing anything to help current prisoners escape the incarceration cycle is better than not sitting idly by.

"[Sessions] is an impediment, and I'd suspect Trump's people are basically against sentencing reform," Rep. Steve Cohen (D-TN) tells Rolling Stone. "To get sentencing reform is probably going to necessitate a Democratic Congress, so that'll come next year. There's no reason to have people sit in a jail for another year when they don't need to be."

To review: it seems we do not know if AG Sessions is formally for or against the prison reform bill, the FIRST STEP Act, that passed the House Judiciary Committee last week, and we do not know if Senate Judiciary Committee leaders (or other Senators) may be willing to move forward with this FIRST STEP Act. I continue to fear AG Sessions' general opposition to any meaningful reforms and Senate leaders' eagerness for sentencing reforms may mean nothing gets done to bring any relief to any federal defendant anytime soon.

Some of many prior related posts:

May 15, 2018 in Aspects and impact of Sentencing Reform and Corrections Act, Criminal justice in the Trump Administration, Prisons and prisoners, Who Sentences? | Permalink | Comments (1)

Wednesday, May 09, 2018

Mapping out the politics for the path forward for federal prison (and sentencing?) reform

I am unsure how big a deal to make out of the passage of the FIRST STEP Act out of the House Judiciary Committee today (discussed here) because I am not sure it create much more confidence about the chance of the Senate moving forward with a form of federal criminal justice reform that can actually become law.  This new Politico article discusses the political uncertainty that is now the reality:

Congress on Wednesday edged closer to a rare bipartisan achievement during a hotly contested election year after a House panel voted overwhelmingly to send a prison reform plan to the floor — despite persistent internal GOP tensions in the Senate over the White House-backed bill.

The prison legislation, a key priority of Jared Kushner, won easy approval in the House Judiciary Committee.  It was a striking turnabout after backers scrapped a vote on an earlier version two weeks ago amid waning support.  But the bill’s lopsided 25-5 vote masked ongoing disputes among Senate Republicans and House Democrats over its omission of sentencing reforms opposed by President Donald Trump. Critics of the measure say those sentencing reforms are crucial to any deal.

Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) has allied with Democratic supporters of a broader criminal justice package that includes both sentencing and prison reform provisions. GOP leaders in both chambers want to instead move the narrower prison bill, which would authorize training for prisoners that’s aimed at reducing recidivism rates.

As the House panel moved to okay the bill, Senate Majority Whip John Cornyn (R-Texas) — a previous backer of the broader criminal justice overhaul who has narrowed his sights to prison reform — said he hoped to negotiate with Grassley on a path forward....

Grassley and Senate Minority Whip Dick Durbin of Illinois, his lead Democratic partner on the Senate criminal justice package, said Wednesday that they were “encouraged” by the House’s progress but giving no ground on their position. “For any criminal justice reform proposal to win approval in the Senate, it must include these sentencing reforms,” Grassley and Durbin said in a statement.

Lobbying on the House prison bill also has become contentious in recent weeks, pitting one of the legislation’s lead cosponsors, Rep. Hakeem Jeffries (D-N.Y.), against the top Democrat on the Judiciary panel, fellow New York Rep. Jerry Nadler. Jeffries has worked for months with Rep. Doug Collins (R-Ga.) on the bill, omitting the sentencing provisions that are a nonstarter with the White House in part because of longstanding opposition from Attorney General Jeff Sessions.

Nadler took part in a Tuesday meeting with opponents of the legislation and made an impassioned plea to delay consideration of the bill during the markup. Jeffries, however, downplayed the tension after the bill sailed through the judiciary panel. He said everyone involved in the bill supports addressing sentencing laws; the disagreement is over when that should happen. “Mass incarceration has been with us for almost 40 years. It’s going to take more than one singular legislative magic wand to eradicate it,” Jeffries said in an interview.

“We all agree that sentencing reform should be a part of any broad criminal justice reform effort that takes place. The First Step Act represents the beginning of the end of overcriminalization in America.”

A House floor vote on the bill is possible before the Memorial Day recess, according to multiple sources. But the proposal still faces formidable foes, from powerful civil rights groups like the ACLU and key senators such as Grassley and Durbin. Dozens of advocacy groups, including the NAACP, sent another letter opposing the prison bill to House members on Tuesday.

Sen. Cory Booker (D-N.J.), another supporter of the broader criminal justice package, reiterated in a Tuesday interview that “I want to see sentencing reform and prison reform move together, and I worry that this bill doesn’t” make that happen. Booker met Monday night to discuss strategy on the bill with Durbin, Jeffries, Nadler, Rep. Cedric Richmond (D-La.) and Sen. Kamala Harris (D-Calif.). But supporters of the broader and narrower approaches to criminal justice left entrenched in their positions, according to a source with knowledge of the meeting.... The bill, if successful, would likely be the last major bipartisan effort to clear Congress before the election. And it would be a major victory for Kushner, who has failed to score any significant wins in the White House, despite a disparate policy portfolio that has included everything from bringing peace to the Middle East to tackling the nation’s opioid crisis.

“The key for this is a realization that perfect doesn’t exist on the Hill,” Collins said in an interview. “Although we want to have done some more, this is a very valid first step.” The White House "look[s] forward to a vote in the full House" on the legislation, deputy press secretary Hogan Gidley said by email.

The bill would authorize $50 million annually for five years for educational and vocational programs for prisoners with the goal of equipping inmates for life after incarceration and reducing repeat offenses.

In a major win for progressives, the bill also includes a technical tweak to current law that would increase “good time” credit for prisoners from 47 days to 54 days per year. The change, which would be applied retroactively, would lead to the immediate release of 4,000 prisoners, according to the bill’s supporters.

Some of many prior related posts:

May 9, 2018 in Aspects and impact of Sentencing Reform and Corrections Act, Criminal justice in the Trump Administration, Prisons and prisoners, Who Sentences? | Permalink | Comments (4)

House Judiciary Committee approves FIRST STEP Act by a vote of 25-5 after lots of discussion of amendments

As reported in this article from The Hill, the House Judicial Committee "on Wednesday approved a new prison reform bill being pushed by the White House."  Here are some details:

The bill, called the First Step Act, seeks to offer more funding for prison programs in an attempt to reduce an inmate’s likelihood to re-offend after they’ve been released. The House Judiciary Committee approved the bill, by a 25-5 vote, that Reps. Doug Collins (R-Ga.) and Hakeem Jeffries (D-N.Y.) spent the last week negotiating after committee Democrats pushed back against a number of conservative provisions.

In the legislation now advancing to the House, lawmakers removed language that would have allowed certain law enforcement officials and correctional officers to carry a concealed firearm in all 50 states and created more opportunities for prisoners to earn time credits by completing prison programs. They can then use those credits to serve the remaining days of their sentence in a halfway house or home confinement.

The bill, which authorizes $50 million a year for five years for the Bureau of Prisons to spend on programs like job training and education that reduce recidivism, clarifies current law to allow prisoners up to 54 days of credit for good behavior annually. The law was previously interpreted as only allowing prisoners to earn 47 days a year.

The previous bill, known as the Prison Reform and Redemption Act, and the current compromise, however, have divided Democrats and liberal groups. While #cut50, a criminal justice reform advocacy group led by Van Jones, the CNN host and former adviser to President Obama, is now backing the new bill, the measure is still opposed by the Leadership Conference on Civil and Human Rights and 73 other groups.

Democrats and progressive groups argue the criminal justice reform bill should include provisions that reduce mandatory minimum prison sentences. Rep. Jerry Nadler (D-N.Y.), the committee’s ranking member, said the bill is well-intentioned but the committee should be working on legislation that includes sentencing reform. He offered a motion to postpone the markup by one month to give committee members time to negotiate and markup sentencing reform legislation.... Nadler’s motion was [after discussion] voted down by the committee.

Progressives were able to win language prohibiting female prisoners from being shackled during pregnancy, childbirth and up to 12 weeks after a baby is born. But the committee voted down an amendment Rep. Sheila Jackson Lee (D-Texas) offered to create a pilot program in federal prisons to allow female inmates who give birth while behind bars to live with their child in a prison housing unit until the child is two-and-a-half years old.

The committee, however, approved an amendment from Rep. Matt Gaetz (R-Fla.) to expand a pilot youth mentorship program and a pilot program that gives prisoners the skills to train rescue and abandoned dogs. The bill would take the programs from two years in 10 facilities to five years in at least 20 facilities.

Rep. Louie Gohmert (R-Texas) also had an amendment approved that would prevent faith-based organizations that want to offer prison programming from being discriminated against.

A bipartisan amendment from Rep. Cedric Richmond (D-La.), Collins, Jackson Lee, Jeffries and Val Demings (D-Fla.) was also approved to clarify that the legislative fix, which makes prisoners eligible for 54 days of good time instead of 47, applies to prisoners already serving sentences....

Collins said he’s confident there’s enough Democratic support to get the bill through the House and the Senate. “They have their own process to go through. There may be some issues that we can then work on later, but I do feel this is one of the pieces of legislation that will be signed into law this year,” he said.

The House Judiciary Committee has this press release about the vote and key provisions of the bill under the heading, "House Judiciary Committee Approves Bill to Reform the Federal Prison System."  Though not mentioned in these reports, I believe all the Republican votes coming from the committee were in favor of this FIRST STEP bill except for Rep. Steve King from Iowa, and also that a majority of the Democrats in the committee also voted for the bill (though Ranking Member Jerry Nadler and Rep. Sheila Jackson Lee were among the notable "No"s).

All of this suggests to me a reason to be optimistic that there might really be some notable federal criminal justice reform getting done in 2018.  It is less than I would like to see, but I still think it would be MUCH better than nothing. 

Some of many prior related posts:

May 9, 2018 in Aspects and impact of Sentencing Reform and Corrections Act, Criminal justice in the Trump Administration, Prisons and prisoners, Procedure and Proof at Sentencing, Who Sentences? | Permalink | Comments (3)

On eve of House Committee consideration, distinct advice from criminal justice reform groups on latest federal prison reform proposal

As noted in this prior recent post, a new and improved version of a federal prison reform bill, the "Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act" or the "FIRST STEP Act, " is now slated for House Judiciary Committee markup the morning of Wednesday, May 9th.  The full text of this FIRST STEP bill is available at this link, and I am starting to wonder if this may be a significant criminal justice reform bill that ends up getting in committee even more votes from Republicans than from Democrats.  (For those keeping score, and as this official list details, there are 40 members of the House Judiciary Committee of which 23 are Republicans and 17 are Democrats.)

I do not know for sure if all 23 Republican members of the HJC will be voting for the FIRST STEP bill, but I surmise that some Democrats will be voting against it because the bill is too limited and lacks any sentencing reform elements.  Indeed, on Tuesday, the Leadership Conference on Civil and Human Rights along with 74 reform-oriented organizations sent this lengthy letter to House Judiciary Committee members titled "Vote 'No' on The FIRST STEP Act."  Here is how the letter gets started: 

On behalf of The Leadership Conference on Civil and Human Rights and the 74 undersigned organizations, we urge you to vote “No” on the FIRST STEP Act that will be considered during the mark up.  Any effort to pass prison reform (or “back-end” reform) legislation without including sentencing reform (or “front-end” reform) will not meaningfully improve the federal system.  Across the country, states that have enacted legislation containing both front and back end reforms have reduced rates of incarceration and crime.  Any legislation that addresses only back end reforms is doomed to fail in achieving these goals.  Without changes to sentencing laws that eliminate mandatory minimums, restore judicial discretion, reduce the national prison population, and mitigate disparate impacts on communities of color, the FIRST STEP Act alone will have little impact.

Critically, though, not all leading criminal justice reform groups are urging a no vote on the FIRST STEP Act.  The President of Families Against Mandatory Minimums sent a short memo to the sponsors of the FIRST STEP Act, Representatives Doug Collins and Hakeem Jeffries, explaining why FAMM believe the bill "deserves the Judiciary Committee’s support."  That memo, which can be downloaded below, echoes many concerns of other advocacy groups, but explains why it is ultimately backing this bill in these terms: "FAMM is in contact with nearly 40,000 federal prisoners every week.  Far too many of them are serving excessive sentences.  This bill might be the only opportunity we have in the next few years to get them some overdue relief and justice."    Download FAMM Memo on First Step

Regular readers likely realize I am in the FAMM camp here, wishing that a more comprehensive bill was being considered, but resigned to the political reality that a prison reform bill looks like the only form of statutory criminal justice reform that has a serious chance of being enacted this year.  In this arena, something is always better than nothing, and Congress has delivered nothing on sentencing or prison reform for now nearly eight years despite so much talk from so many folks about a strong bipartisan interest in reform.

Some of many prior related posts:

May 9, 2018 in Aspects and impact of Sentencing Reform and Corrections Act, Criminal justice in the Trump Administration, Prisons and prisoners, Reentry and community supervision, Who Sentences? | Permalink | Comments (0)

Tuesday, May 08, 2018

In latest speech, AG Jeff Sessions calls "war on crime and drugs ... a roaring success"

Today, Attorney General Jefferson Sessions delivered this speech at the Gatlinburg Law Enforcement Training Conference.  The use of the phrase "roaring success" to describe the "war on crime and drugs" caught my attention, and here is some context and some more notable passages from what AG Sessions had to say today:

My best judgement is that working together we have an historic opportunity to make our country better, safer, and more prosperous. We don’t come to this conference with a blank slate. We are experienced. We are professional. We are trained to do that which the times demand.

The problem is that we got away from the proven policies that reduced crime all over this country: community-based policing, incarcerating serious repeat criminals, new technologies, more officers, and more prosecutors. The war on crime and drugs did not fail. It was a roaring success. The success came as a direct result of rejecting the criticism and policies of the progressive left. The country gave its attention to the American people and crime victims for a change. High school drug use rates and homicide rates fell by half after the dreamland policies of the fuzzy-headed left were rejected, and sound professional policies were adopted....

Of course we don’t need anyone in jail that doesn’t need to be there. But revolving prison doors that allow dangerous criminals to prey on the innocent will not produce safety. Indeed homicide increased by 12 percent in 2015 and 8 percent in 2016 after 22 years of decline. Drug use, addiction and overdoes deaths have surged. We must work resolutely to stop those trends and to reverse them. We know how. We have proven what works. Science proves what works. We share good practices at conferences like this all the time.

My goal is to support you, to empower you, and to unleash you and your law enforcement partners to apply the good and lawful policies that are proven to make our communities safer.

This point was given a powerful support just a few weeks ago when Paul Cassel and Richard Fowles of the University of Utah analyzed the dramatic surge in Chicago homicides in 2016. Homicides went from 480 in 2015 to 754 in 2016 — a stunning event. They asked why. They considered numerous possible causes. They concluded the 58 percent increase was caused by the abrupt decline in “stop and frisks” in 2015. There had been a horrific police shooting, protests, and an ACLU lawsuit. The settlement of that lawsuit resulted in a decline in stops from 40,000 per month to 10,000 per month. Arrests fell also. In sum, they conclude that these actions in late 2016, conservatively calculated, resulted in approximately 236 additional victims killed and over 1,100 additional shootings in 2016 alone. The scholars call it the “ACLU effect”.

Look, this does not surprise you experienced professionals. If you want crime to go up, let the ACLU run the police department. If you want public safety, call the professionals. That is what President Trump believes and that is what I believe. Let’s put our focus on what works.

These are our explicit goals for 2018: to bring down violent crime, homicides, opioid prescriptions, and overdose deaths....

We have tolerated and winked at the illegality in our immigration system for far too long. It’s time that we put ourselves on the path to end illegal immigration once and for all. And, that will be one step towards reducing crime. And it will build on the centerpiece of our crime reduction strategy: Project Safe Neighborhoods, or PSN.

Here’s how it works. I want our U.S. Attorneys to target and prioritize prosecutions of the most violent people in the most violent areas. And I’ve directed that they engage with a wide variety of stakeholders – our state and local law enforcement partners, as well as others like community groups and victims’ advocates – in order to identify the needs specific to their communities and develop a customized violent crime reduction plan.

This approach has been proven to work. One study showed that, in its first seven years, PSN reduced violent crime overall by 4.1 percent, with case studies showing reductions in certain areas of up to 42 percent. PSN has the flexibility necessary for it to work in every district. PSN is going to build on the results we have achieved across America over the past year.

In 2017, the Department of Justice brought cases against the greatest number of violent criminals in a quarter of a century. We charged the most federal firearm prosecutions in a decade. We convicted more than 1,200 gang members. We have already charged hundreds of people suspected of contributing to the ongoing opioid crisis — including more than 150 doctors for opioid-related crimes. Sixteen of these doctors prescribed more than 20.3 million pills illegally. Our Organized Crime and Drug Enforcement Task Forces have also indicted more than 6,500 defendants in opioid-related investigations and forfeited more than $150 million in the past year.

From 2016 to 2017 our fentanyl prosecutions more than tripled. And in the past month and a half, the DEA has seized nearly 200 pounds of suspected fentanyl in cases from Detroit to New York to Boston. Fentanyl is 50 times as powerful as heroin, and it’s the killer drug. It’s got to be a priority for all of us. All of this hard work is paying off. There are some good signs in the preliminary data that the increases in murder and violent crime appear to have slowed and violent crime may have actually begun to decrease. Publicly available data for the rest of the year suggest further progress.

May 8, 2018 in Criminal justice in the Trump Administration, National and State Crime Data, Purposes of Punishment and Sentencing, Who Sentences? | Permalink | Comments (7)

Monday, May 07, 2018

New and improved version of federal prison reform bill to be considered by House Judiciary Committee

First-step-concept-cork-board-77226634In this post last night, I expressed my deep pessimism concerning Congress managing to pass any notable criminal justice reform.  So it is fitting kismet that this afternoon came the exciting news of a new and improved version of a prison reform bill known as the "Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act" or the "FIRST STEP Act." The full text of this bill is available at this link, and this House Judiciary Committee page indicates that this bill will be marked up this Wednesday.

This new Politico article, headlined "Kushner-backed prison reform bill finds new life," provides an account of the background politics and the critical new provisions of the new proposed legislation. Here are excerpts:

A group of bipartisan House lawmakers unveiled a new criminal justice bill Monday, with hopes it can overcome obstacles that derailed an earlier version of the legislation just two weeks ago. The House Judiciary Committee will vote on the prison reform bill Wednesday after its lead authors, Reps. Hakeem Jeffries (D-N.Y.) and Doug Collins (R-Ga.), spent the congressional recess working with President Donald Trump’s son-in-law and adviser Jared Kushner and others to tweak the proposal.

The bill would authorize funding for training programs to help rehabilitate prisoners. If approved by the Judiciary Committee, the bill could be on the House floor before the Memorial Day recess, according to several sources. Senate Majority Whip John Cornyn (R-Texas) and Sen. Sheldon Whitehouse (D-R.I.) introduced a companion proposal Monday afternoon.

But while Jeffries and Collins have been working to build a bipartisan coalition of support, key lawmakers including Rep. Jerry Nadler (D-N.Y.), top Democrat on the House Judiciary panel, and Senate Judiciary Charmain Chuck Grassley (R-Iowa) remain potential obstacles.

The House Judiciary Committee scrapped plans two weeks ago to mark up an earlier version of the bill after support waned — due in part, according to House sources, from Grassley and Senate Minority Whip Dick Durbin (D-Ill.) privately urging members to oppose the plan because it didn't include sentencing reforms. “What we’re disagreeing on right now is how far can we go right now,” Collins said in an interview Monday. “Do you want to actually make law or do you want to make press releases?”...

Collins and Jeffries said they hope the plan’s broad support — from liberal criminal justice group #cut50 to the Koch brothers to Kushner — is enough to ensure passage in the House. Kushner is meeting with the conservative House Freedom Caucus Monday evening to rally support for the bill.

But Nadler — who still has “a lot of concerns” a spokesman said Monday — isn’t alone in his opposition to the bill. Detractors argue the proposal doesn’t go far enough because it doesn’t also tackle sentencing reform, an effort Grassley and Durbin have spent months negotiating. Grassley along with several key Senate Democrats and influential civil rights groups like the ACLU and NAACP want a comprehensive criminal justice overhaul that includes both sentencing and prison reforms....

Jeffries and Collins told POLITICO they hope the changes made over the last two weeks are enough to get reluctant House lawmakers on board. Jeffries is also hopeful that Sessions will refrain from trying to sink the effort as he has in the past. “At the moment, it appears that the Department of Justice is in a position of neutrality as it relates to the bill,” Jeffries said. “To the extent that changes, that could be a complicating factor once the bill gets on the House floor.”

The bill — which they are now calling the “First Step Act,” in part to signify it’s the initial step in a longer effort to reform the justice system, including sentencing laws — has several major changes from previous versions.

The bill would authorize $50 million annually for five years to provide education and vocational training programs to prisoners; the latest version would also allow nonviolent drug offenders to participate in the programs. Jeffries and Collins also agreed to language that would allow more prisoners to take advantage of credits that would allow inmates to serve part of their sentence in home confinement or at a halfway house.

The proposal also includes several wins that liberal groups had pushed for, including language codifying prohibitions on shackling pregnant female inmates, both during their pregnancy and for 12 weeks postpartum.

And in what progressive backers are touting as another major win, the bill includes a technical fix that would allow inmates to earn up to 54 days of “good time” credit a year, up from 47 days annually under current interpretation of the law.

“We also had concerns around whether or not this was a meaningful reform. Those have been answered by including the good time credit fix,” #cut50 co-founder Jessica Jackson Sloan said, noting roughly 4,000 prisoners would immediately be eligible for release. “We’re fully on board with this bill. We’ll continue to fight for sentencing reform,” she added.

To turn up pressure on House Judiciary Democrats, the Koch brother’s Freedom Partners launched a wave of digital ads Monday encouraging lawmakers to support the bill. The Facebook and Twitter ads will run in six Judiciary Democrats’ districts, including Jeffries, Nadler and Reps. Steve Cohen (D-Tenn.), Sheila Jackson-Lee (D-Texas), Cedric Richmond (D-La.) and Pramila Jayapal (D-Wash.). The White House is also expected to increase its outreach on the Hill this week, likely through Kushner, according to sources.

For the plans’ supporters, they say now is the best time to act with the goal of getting sentencing reform down the road. “There were some who took the position that we should wait on criminal justice reform until [Hillary] Clinton is president and Democrats were in control of the Senate. How did that work out?” Jeffries said.

I will not count any congressional chickens until they have hatched in the form of a Presidential signature on enacted legislation. But, after feeling distinctly pessimistic last night, now I am peculiarly optimistic that something pretty significant could get done in the coming months.

May 7, 2018 in Aspects and impact of Sentencing Reform and Corrections Act, Criminal justice in the Trump Administration, Elections and sentencing issues in political debates, Prisons and prisoners, Reentry and community supervision, Who Sentences? | Permalink | Comments (5)

Another round of criticisms of Prez Trump's decision to nominate Bill Otis to US Sentencing Commission

As reported in this prior post, Prez Trump back in early March announced these notable new nominations to the US Sentencing Commission.  As I have noted before, it is usually only hard-core sentencing nerds like me who pay much attention to USSC nominations.  But this slate of nominees, especially the nomination of Bill Otis, has led to more than the usual amount of focus on how Prez Trump is looking to put his stamp on the USSC.  I noted in this post back in March an array of critical commentary from media outlets like Mother Jones, Reason and Slate, and recently these two new commentaries have furthered this notable nominee chatter:

Here are some excerpts from the New Republic piece, with some notable quotes for and against the nominee:

The commission isn’t typically prone to partisan warfare. In fact, Congress created the seven-member body in 1984 precisely so it could avoid politicized battles when crafting federal sentencing guidelines. Otis’s nomination could upset that balance.

“He’s been the arch-nemesis of criminal-justice reform at the federal level for a decade at least,” Kevin Ring, the president of Families Against Mandatory Minimums (FAMM), told me. “He’s opposed basically every legislative reform, every reform the Sentencing Commission has passed, and just seems to enjoy that curmudgeonly position of saying no.”

FAMM, which advocates for sentencing reform through Congress and before the Sentencing Commission, has never endorsed or opposed a commission nominee before, preferring instead to work with those commissioners once they’re in office. But Otis’s nomination changed that. “He’s an ideologue in a position that is supposed to be driven by evidence and data,” Ring said....

If confirmed by the Senate, Otis would bring first-hand experience with the federal criminal-justice system under both Democratic and Republican presidents. Among the posts he held during three decades in the government are stints as a legal advisor to the Drug Enforcement Agency’s administrator, as a special counsel in the George W. Bush White House, and as a federal prosecutor in the eastern district of Virginia, where he led the office’s appellate division.

Otis’s nomination has raised alarm among pro-reform groups that see the commission as a key ally in reining in mass incarceration in America, and it’s at odds with the reformist zeitgeist that’s swept D.C. think tanks and advocacy groups on the left, right, and center. Organizations ranging from the American Civil Liberties Union to the Koch brothers’ political network have put muscle behind the effort to reduce over-incarceration in recent years. Lower crime rates also helped spur state and federal lawmakers to rethink harsh policies from a bygone era.

Not everyone is on board with the shift away from tough-on-crime politics, including Trump and Attorney General Jeff Sessions. But few are more vocal about it than Otis. “Although I am decidedly out-of-step with my learned colleagues inside the Beltway, and despite all the puff pieces in the press running in the other direction, I don’t feel lonely in opposing the more-crime-faster proposals marketing themselves as ‘sentencing reform,’” he wrote in 2014.

Otis declined to comment for this article, citing standard practices for pending judicial-branch nominees. Those who’ve worked with him say his appointment would bring a much-needed alternative perspective to the Sentencing Commission’s work. Kent Scheidegger, a California-based attorney and legal director of the Criminal Justice Legal Foundation, told me that he thinks it’s important to avoid a “uniformity of viewpoint” on the commission.

“[Otis] has a view that the rush to lessen sentences, particularly for serious crimes, is a mistake, that it’s going too far too fast, and that people who have the contrary view necessarily are opposed to that,” he said. Scheidegger shares that skepticism of reformers’ efforts, telling me, “I think they’re largely forgetting history and condemning us to repeat it.”

The two men are regular contributors to Crime and Consequences, a blog that discusses criminal-justice issues from a conservative perspective. Otis’s posts there offer brief but illuminating glimpses into how he approaches the subject. His central theme is straightforward and often bluntly expressed: that tough-on-crime policies helped bring down crime over the past 25 years, and scaling them back will cause crime to surge upwards once more....

Otis occasionally takes aim at perceived elites whom he casts as insulated from the consequences of their policy decisions. “When early release goes wrong, as it so often does, who pays the price?” he wrote in 2016. “The sentencing reform crowd at their posh, self-congratulatory, ‘we-are-so-humane’ parties in Manhattan and Hollywood, or the next unsuspecting victim they helped set up?”

But Otis’s views are also out of sync with a growing number of conservatives. Republican leaders in red states like Georgia and Texas have adopted measures aimed at reducing recidivism and lowering excessive prison populations. “Someone who doesn’t adapt to new ways of thinking that have actually proven to be a lot more effective than simply warehousing people for years on end — someone who can’t accept that reality — doesn’t really need to be on the Sentencing Commission,” Jason Pye, the vice president for legislative affairs at FreedomWorks, told me.

Scheidegger said the debate over Otis’s positions would be a net positive for the commission. “I think it’s a good nomination, and I think it’s important to keep it in the context of the whole panel, including representation on the other side of the aisle as well,” he told me. “That’s an important aspect of the nomination. Diversity of viewpoint on this subject is a good thing.”

Trump’s nominees to the commission are still awaiting Senate confirmation.  The other three are William Pryor, a Sixth Circuit Court of Appeals judge, as well as Third Circuit judge Luis Restrepo and federal district-court judge Henry Hudson.  Reform advocates told me they also had concerns about Hudson, who once went by the sobriquet “Hang ’em High Harry” as a prosecutor in the 1980s, but acknowledged he has plenty of practical experience as a sentencing jurist.

But Otis is still a bridge too far, they told me, even though many of them said they like him personally. “Part of the commission’s job is to take some of the politics away from the politicians,” Ring said. “You want sentencing to be driven by this commission as some insulation from Congress. And that’s the worst place for an ideologue from either side.”

Prior related posts:

May 7, 2018 in Criminal justice in the Trump Administration, Federal Sentencing Guidelines, Who Sentences? | Permalink | Comments (31)

Wednesday, April 25, 2018

After four high-profile clemencies, Prez Trump issues a bunch of denials

As reported in this USA Today piece, "President Trump has denied clemency for 180 people who had applied for pardons and commutations through formal Justice Department channels — even as he's short-circuited that process to pardon political allies."  Here is more (with one line emphasized):

The denials, decided last week, represent the first movements in the Justice Department's clemency caseload since Trump was inaugurated last year, according to the Office of the Pardon Attorney.  Among those denied clemency: Anthony Calabrese, a 57-year-old reputed mob hit man from Chicago convicted of three robberies and sentenced to 62 years in prison. He had requested compassionate release after being diagnosed with terminal cancer.

One White House official, speaking on condition of anonymity because officials were not authorized to comment publicly, said the denials were "routine" and that no accompanying clemency grants were expected in the near future.  The official said the cases did not meet the president's "high standards" for clemency.

That kind of clemency housekeeping is common.  The last three presidents — Bill Clinton, George W. Bush and Barack Obama — all denied hundreds of applications in their first two years before granting their very first pardons and commutations....

Last week's denials included 82 applications for pardons and 98 for commutations. Pardons represent a full legal forgiveness for a conviction, restoring civil rights taken away by a felony conviction.  Commutations shorten a prison sentence but leave the other consequences intact.

Based on Prez Trump's grants of clemency to date (all linked below), it seems that his "high standards" for clemency are closely linked to his political interests and affinities.  I suppose I should be pleased that Prez Trump and his team are finally starting to address the many thousands of pending clemency petitions, but I am troubled (though not surprised) to learn that no "regular" defendants have yet been thought worthy of the President's grace.

Recent related posts:

April 25, 2018 in Clemency and Pardons, Criminal justice in the Trump Administration, Who Sentences? | Permalink | Comments (0)

Friday, April 13, 2018

"President Trump has promised a top Senate Republican that he will support congressional efforts to protect states that have legalized marijuana"

The title of this post is the lead sentence of this new Washington Post article headlined "Trump, Gardner strike deal on legalized marijuana, ending standoff over Justice nominees." Here is more from the article:

In January, the Colorado Republican said he would block all DOJ nominations after Attorney General Jeff Sessions issued a memo that heightened the prospect of a federal marijuana crackdown in states that had legalized the substance. Gardner’s home state made recreational marijuana legal in 2014.

In a phone call late Wednesday, Trump told Gardner that despite the DOJ memo, the marijuana industry in Colorado will not be targeted, the senator said in a statement Friday. Satisfied, the first-term senator is now backing down from his nominee blockade.

“Since the campaign, President Trump has consistently supported states’ rights to decide for themselves how best to approach marijuana,” Gardner said Friday. “Late Wednesday, I received a commitment from the President that the Department of Justice’s rescission of the Cole memo will not impact Colorado’s legal marijuana industry.”

He added: “Furthermore, President Trump has assured me that he will support a federalism-based legislative solution to fix this states’ rights issue once and for all. Because of these commitments, I have informed the Administration that I will be lifting my remaining holds on Department of Justice nominees.”...

Trump “does respect Colorado’s right to decide for themselves how to best approach this issue,” White House legislative affairs director Marc Short said in an interview Friday....

A bill has not been finalized, but Gardner has been talking quietly with other senators about a legislative fix that would, in effect, make clear the federal government cannot interfere with states that have voted to legalize marijuana. “My colleagues and I are continuing to work diligently on a bipartisan legislative solution that can pass Congress and head to the President’s desk to deliver on his campaign position,” Gardner said.

In addition to Gardner’s holds, DOJ has faced notable bipartisan pushback from Capitol Hill when it comes to marijuana. Sens. Orrin G. Hatch (R-Utah) and Kamala D. Harris (D-Calif.) wrote to Sessions this week, urging him to back off efforts to curtail medical marijuana research at the Drug Enforcement Administration. The Washington Post reported in August that Sessions’s DOJ was effectively hamstringing the agency’s research efforts by making it harder to grow marijuana.

Separately, former House Speaker John A. Boehner (R-Ohio) announced this week he is joining the board of directors for a cannabis company and engaged in efforts to allow veterans to access marijuana for medicinal use. He has opposed decriminalizing the substance as an elected official.

A few recent related posts from Marijuana Law, Policy and Reform:

April 13, 2018 in Criminal justice in the Trump Administration, Marijuana Legalization in the States, Pot Prohibition Issues, Who Sentences? | Permalink | Comments (6)

Prez Donald Trump officially pardons Scooter Libby

Today the White House issued this "Statement from the Press Secretary Regarding the Pardon of I. “Scooter” Lewis Libby." Here is what it says:

Today, President Donald J. Trump issued an Executive Grant of Clemency (Full Pardon) to I. “Scooter” Lewis Libby, former Chief of Staff to Vice President Richard Cheney, for convictions stemming from a 2007 trial. President George W. Bush commuted Mr. Libby’s sentence shortly after his conviction. Mr. Libby, nevertheless, paid a $250,000 fine, performed 400 hours of community service, and served two years of probation.

In 2015, one of the key witnesses against Mr. Libby recanted her testimony, stating publicly that she believes the prosecutor withheld relevant information from her during interviews that would have altered significantly what she said. The next year, the District of Columbia Court of Appeals unanimously reinstated Mr. Libby to the bar, reauthorizing him to practice law. The Court agreed with the District of Columbia Disciplinary Counsel, who stated that Mr. Libby had presented “credible evidence” in support of his innocence, including evidence that a key prosecution witness had “changed her recollection of the events in question.”

Before his conviction, Mr. Libby had rendered more than a decade of honorable service to the Nation as a public servant at the Department of State, the Department of Defense, and the White House. His record since his conviction is similarly unblemished, and he continues to be held in high regard by his colleagues and peers.

In light of these facts, the President believes Mr. Libby is fully worthy of this pardon. “I don’t know Mr. Libby,” said President Trump, “but for years I have heard that he has been treated unfairly.  Hopefully, this full pardon will help rectify a very sad portion of his life.”

I sure hope that Prez Trump might think to use his pardon powers for lots of other persons that he doesn't know that he may "have heard [were] treated unfairly" by our federal criminal justice system. So far, only a quite unrepresentative sample of four men have gotten clemency relief from this President.

April 13, 2018 in Clemency and Pardons, Criminal justice in the Trump Administration, Sentences Reconsidered, Who Sentences? | Permalink | Comments (9)

Thursday, April 12, 2018

Federal prison reform bill reportedly moving forward in House of Representatives

This article in the Hill, headlined "Prison reform bill set for House markup next week," reports that there is some movement in Congress on the federal criminal justice reform bill that would seem to have a reasonable chance of passage this year.  Here are the details:

The House Judiciary Committee is expected next week to mark up a Republican proposal that aims to reduce prison recidivism rates, according to a senior Republican staffer who has been briefed on the plans.

Rep. Doug Collins’s (R-Ga.) Prison Reform and Redemption Act would allow prisoners to serve the final days of their sentences in a halfway house or home confinement if they complete evidence-based programs that have been shown to reduce recidivism rates. Prison programming could include everything from job and vocational skills training to education and drug treatment.

The White House announced in February it was throwing its support behind prison reform measures such as Collins's bill instead of measures to reduce mandatory minimum prison sentences. The announcement marked a major setback for Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa), who has been working to move his criminal justice reform bill through Congress after it stalled last session....

The senior Republican staffer said they feel confident Collins's bill will pass through the House Judiciary Committee. A committee spokesperson said only that the committee is working toward a markup as soon as possible.

Senate Majority Whip John Cornyn (R-Texas) and Sen. Sheldon Whitehouse (D-R.I.) have a bill in the Senate that mirrors Collins's proposal.

The full text of the Prison Reform and Redemption Act (PRRA) is available at this link, and its text is so dense I find it difficult to effectively summarize its provisions or assess its impact.  Helpfully, FAMM has this detailed summary of the PRRA that runs a full eight pages.  I am hopeful that this news that the PRRA is moving forward in the legislative process could lead more folks to focus more attention on what this bill would and would not do and how many offenders it could impact.

April 12, 2018 in Aspects and impact of Sentencing Reform and Corrections Act, Criminal justice in the Trump Administration, Prisons and prisoners, Who Sentences? | Permalink | Comments (1)

Monday, April 09, 2018

Two notable new accounts of Jared Kushner's push for criminal justice reforms inside Trump Administration

This weekend brought two notable new articles focused on Jared Kushner's efforts to help move forward criminal justice reform from within the Trump Administration.  Here are links to the articles and their starts:

"Inside Jared Kushner's personal crusade to reform America's prisons":

Amid the daily turmoil and intrigue of President Donald Trump’s West Wing, senior adviser Jared Kushner has been quietly pursuing a personal passion: seeking to improve the lives of roughly 6.7 million people in jail, prison, on parole or probation in the United States and sharply reducing the chances ex-convicts return behind bars.

Over the past 14 months, the president’s son-in-law has met with dozens of members of Congress, 11 governors and convened nine listening sessions, with experts and advocates developing initiatives to reduce the nation’s recidivism rate, an administration official said.

Kushner’s mission has so far been largely below-the-radar in a White House that’s branded itself as tough on crime, but sources familiar with the effort say he has persisted in elevating it as a legislative priority – even winning the president’s ear. His approach is somewhat novel — taking the reins on an issue that traditionally has not been at the forefront of the Republican platform.

Along the way, Kushner’s had to carve an acceptable path for reform within the Republican party and with an attorney general, Jeff Sessions, who has long held tough on crime views. Kushner's "come in and provided a very good ‘let’s get it done’" attitude, said Republican Rep. Doug Collins of Georgia, a leading advocate on prison reform in the U.S. House.

President Trump has even come to see the effort as a way to help the “forgotten men and women” whose voices he vowed to represent with his historic 2016 campaign, according to several people close to the effort. One senior administration official went so far as to characterize the White House view of what they called unacceptable conditions of America’s prisons as being like warehouses for storing human trash.

“The Administration wants to assist long-time prison reform advocates with their initiative to create a prison system that will rehabilitate citizens who have made mistakes, paid the price and are deserving of a second chance — which will ultimately reduce crime and save taxpayer dollars,” Kushner told ABC News of the effort.

"For Trump son-in-law Jared Kushner, prison reform is personal":

President Donald Trump wants to help federal inmates “who have served their time get a second chance.” That’s what he said in his 2018 State of the Union address. Thank Trump’s senior aide and son-in-law Jared Kushner, not his attorney general. For Kushner, prison reform is personal. In 2005, his real estate mogul father was sentenced to two years in prison after pleading guilty to tax evasion, witness tampering and making illegal campaign donations.

“Like me, Jared understands because of dealing with the BOP (Bureau of Prisons) and his father,” observed Pat Nolan, director of the American Conservative Union Foundation’s Center for Criminal Justice Reform and a former California GOP state lawmaker who served 29 months in federal prison on a racketeering conviction.

Nolan has been at the forefront of a bipartisan movement to overhaul the federal criminal justice system spurred by the left’s aversion to big spending on prisons and the right’s support for smaller, less invasive government. The conservative side of the initiative calls itself “Right on Crime.” He lauded Kushner for quickly learning “what’s important to do and what we can’t do.”

April 9, 2018 in Criminal justice in the Trump Administration, Prisons and prisoners, Who Sentences? | Permalink | Comments (2)

Friday, April 06, 2018

AG Sessions announces new "zero-tolerance policy" for immigration offenses ... which could mean ... (a lot or no) more fast-track sentencing?

This new Department of Justice press release reports on a notable new announcement from the Attorney General. Here is the substantive heart of the release:

Attorney General Jeff Sessions today notified all U.S. Attorney’s Offices along the Southwest Border of a new “zero-tolerance policy” for offenses under 8 U.S.C. § 1325(a), which prohibits both attempted illegal entry and illegal entry into the United States by an alien. The implementation of the Attorney General’s zero-tolerance policy comes as the Department of Homeland Security reported a 203 percent increase in illegal border crossings from March 2017 to March 2018, and a 37 percent increase from February 2018 to March 2018 — the largest month-to-month increase since 2011.

“The situation at our Southwest Border is unacceptable. Congress has failed to pass effective legislation that serves the national interest — that closes dangerous loopholes and fully funds a wall along our southern border. As a result, a crisis has erupted at our Southwest Border that necessitates an escalated effort to prosecute those who choose to illegally cross our border,” said Attorney General Jeff Sessions. “To those who wish to challenge the Trump Administration’s commitment to public safety, national security, and the rule of law, I warn you: illegally entering this country will not be rewarded, but will instead be met with the full prosecutorial powers of the Department of Justice. To the Department’s prosecutors, I urge you: promoting and enforcing the rule of law is vital to protecting a nation, its borders, and its citizens. You play a critical part in fulfilling these goals, and I thank you for your continued efforts in seeing to it that our laws — and as a result, our nation — are respected.”...

Today’s zero-tolerance policy further directs each U.S. Attorney’s Office along the Southwest Border (i.e., Southern District of California, District of Arizona, District of New Mexico, Western District of Texas, and the Southern District of Texas) to adopt a policy to prosecute all Department of Homeland Security referrals of section 1325(a) violations, to the extent practicable.

The one-page memo sent from AG Sessions to all federal prosecutors along the Southwest border is available at this link, and the title of this post flags the big follow-up question that I have.

As federal sentencing fans know, the large number of immigration cases historically prosecuted in border districts led to the creation of a special kind of sentencing adjustment (known as a "fast-track" departure) in order to speed case-processing through sentence reductions. If, as this AG Sessions memo suggests, prosecutors on the border are now going to be bringing even more immigration prosecutions, I would expect to see even more "fast-track" departures. But the memo above speaks of bringing the "full prosecutorial powers of the Department of Justice" to those "illegally entering this country." That language would arguably suggest that federal prosecutors ought not anymore be agreeing to lower sentences for offenses under 8 U.S.C. § 1325(a) now that we are to have a "zero-tolerance policy."

April 6, 2018 in Criminal justice in the Trump Administration, Federal Sentencing Guidelines, Offense Characteristics, Procedure and Proof at Sentencing, Who Sentences? | Permalink | Comments (3)

Making the case for making the best of federal sentencing changes in the form of prison reform

Lars Trautman has this notable new Hill commentary, headlined "Incentivized early release the right path to sentencing reform under Trump-Sessions," making the argument that advocates ought to pursue even limited prison reform if that is the only form of politically viable federal sentencing reform. Here are excerpts:

The heated “tough-on-crime” rhetoric of the president and many in his administration has greatly complicated criminal justice reform efforts and left Congress scrambling to figure out how to make sentencing reform palatable to the White House.  The problem has become particularly acute after the attorney general summarily dismissed one of the Senate’s leading proposals and the White House sent Congress a set of criminal justice priorities that pointedly ignored front-end sentencing reforms.

So how can Congress possibly move the needle on something as controversial as federal sentencing reform under this administration?

By passing sentencing reform that doesn’t look like sentencing reform.  Plans that reduce the potential penalties for certain offenses or provide other sentencing safety valves have struggled because they focus on the crime committed, essentially forcing proponents to argue that an individual deserves less punishment for a given offense. This is a fundamentally moral issue that has no easy answer.  It’s particularly susceptible to emotional appeals that couple a shared sense of outrage at criminal behavior with a fear of emboldening criminals.

As long as the focus remains on the wrong perpetrated, opponents are able to falsely claim that it’s impossible to be in favor of both victims and criminals, and then portray themselves as defenders of the former....  As worthy and necessary as this kind of front-end reform may be, demanding its inclusion is much more likely to frustrate than achieve any criminal justice reform.

So, if traditional sentencing reform is dead in the water, what’s left?  Reentry programs that offer prisoners the opportunity to shorten their sentences on the back-end would be a good place to begin.  Rather than trimming sentences from the start, these programs allow prisoners to earn credits toward early release by participating in programs intended to help reintegrate them into society and reduce their propensity to reoffend.  Although they face some of the same political resistance as front-end sentencing reductions, it is significantly easier to overcome.

These programs avoid many of the usual pitfalls that sentencing reform legislation encounters because they shift the narrative from one of retribution to redemption, from past wrong to future promise.  Instead of getting bogged down on issues like whom to punish and for how long, politicians are able to talk about what comes next.  Leaving the nominal sentence unchanged insulates these reforms from charges that they don’t adequately reflect the egregiousness of a given crime or that they will negatively impact deterrence.  Public safety and prison budgets are both improved as prisoners are given the tools to leave prison and never return.

Reentry programs also represent a more targeted approach to early release that is eminently easier to defend. This further moves the debate to more favorable terrain by limiting discussion only to those prisoners who have taken the initiative and successfully completed programs to reduce their risk of reoffending. Instead of having to defend the early release of all offenders, including those who may be unrepentant or otherwise incorrigible, proponents need only support those who have actively taken steps to better reintegrate themselves into society....

With opportunities for movement on criminal justice reform likely few and far between under this administration, reformers need to pick their fights more wisely. Demanding upfront sentencing reductions may feel righteous, but in the face of our current political intransigence it will likely do little to help those serving unnecessarily long sentences. Such energies are better spent working to expand the use of incentivized early release and ensure that it actually results in the conclusion of a sentence in legislation such as Rep. Doug Collins' (R-Ga.) Prison Reform and Redemption Act.

While there is much more that can and should be done on sentencing reform, for now at least, Congress should focus on progress that might actually garner a presidential signature.

April 6, 2018 in Criminal justice in the Trump Administration, Elections and sentencing issues in political debates, Scope of Imprisonment, Who Sentences? | Permalink | Comments (8)

Saturday, March 31, 2018

Prez Trump declares April 2018 to be "Second Chance Month"

As reported in this official White House statement, President Donald Trump yesterday proclaimed April 2018 as "Second Chance Month." Here is the heart of the statement with a few lines stressed here that will become the basis for some commentary in a future post:

During Second Chance Month, our Nation emphasizes the need to prevent crime on our streets, to respect the rule of law by prosecuting individuals who break the law, and to provide opportunities for people with criminal records to earn an honest second chance. Affording those who have been held accountable for their crimes an opportunity to become contributing members of society is a critical element of criminal justice that can reduce our crime rates and prison populations, decrease burdens to the American taxpayer, and make America safer.

According to the Bureau of Justice Statistics, each year, approximately 650,000 individuals complete prison sentences and rejoin society. Unfortunately, two-thirds of these individuals are re-arrested within 3 years of their release.  We must do more ‑‑ and use all the tools at our disposal ‑‑ to break this vicious cycle of crime and diminish the rate of recidivism.

For the millions of American citizens with criminal records, the keys to successful re-entry are becoming employable and securing employment. Beyond the income earned from a steady paycheck, gainful employment teaches responsibility and commitment and affirms human dignity. As a Nation, we are stronger when more individuals have stable jobs that allow them to provide for both themselves and their loved ones.

I am committed to advancing reform efforts to prevent crime, improve reentry, and reduce recidivism. I expressed this commitment in my 2018 State of the Union Address and reinforced it by signing an Executive Order to reinvigorate the “Federal Interagency Council on Crime Prevention and Improving Reentry.”  In the spirit of these efforts, I call on Federal, State, and local prison systems to implement evidence-based programs that will provide prisoners with the skills and preparation they need to succeed in society. This includes programs focused on mentorship and treatment for drug addiction and mental health issues, in addition to job training.

This month, we celebrate those who have exited the prison system and successfully reentered society.  We encourage expanded opportunities for those who have worked to overcome bad decisions earlier in life and emphasize our belief in second chances for all who are willing to work hard to turn their lives around.

NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 2018 as Second Chance Month.  I call on all Americans to commemorate this month with events and activities that raise public awareness about preventing crime and providing those who have completed their sentences an opportunity for an honest second chance.

A few prior recent related posts:

March 31, 2018 in Criminal justice in the Trump Administration, Prisons and prisoners, Reentry and community supervision, Who Sentences? | Permalink | Comments (4)

Thursday, March 29, 2018

Some more perspective on the crime-and-punishment thinking of AG Jeff Sessions

UntitledTime magazine has this new lengthy cover story on Attorney General Jeff Sessions. The whole piece is an interesting read, and here are some excerpts sentencing fans are likely to find of interest:

Sessions believes today’s low crime rates are a direct result of “proactive policing” and harsh sentences, and that dialing them back is causing crime to rise.  According to the FBI, the violent crime rate rose 7% between 2014 and 2016, and the murder rate rose 20%, following years of decline.

Sessions has moved swiftly to unwind the Obama Justice Department’s policies.  He canceled the “smart on crime” initiative and replaced it with a directive to pursue maximal charging and sentencing.  He pulled out of the consent decrees and rescinded Holder’s hands-off marijuana-enforcement policy.  He announced the end of DACA, stepped up deportation orders and sued California over sanctuary cities. 

He has embraced Trump’s call to impose the death penalty on some drug dealers, which some legal scholars consider unconstitutional.  Emphasizing treatment for drug addicts isn’t just ineffective, according to Sessions -- it’s dangerous. “The extraordinary surge in addiction and drug death is a product of a popular misunderstanding of the dangers of drugs,” he told me. “Because all too often, all we get in the media is how anybody who’s against drugs is goofy, and we just ought to chill out.”

In February, Sessions sent a letter warning the Senate that a bill to reduce federal sentences risked “putting the very worst criminals back into our communities.” (An outraged Chuck Grassley, the Republican Senator from Iowa, told reporters that if Sessions wanted to keep making laws, he should go back to elected office.)  Sessions believes his erstwhile colleagues have been misled. “This whole mentality that there’s another solution other than incarceration,” he told me, “all I will say to you is, people today don’t know that every one of these things has been tried over the last 40 years.”

Sessions seemed exasperated when I asked him to address the disproportionate impact of harsh policing and incarceration on black families and communities.  He cited the work of Heather Mac Donald, the controversial conservative scholar who argues that racial bias in the criminal-justice system is a myth and that the real problem is a “war on cops.”  Mac Donald popularized the concept of the “Ferguson effect,” an unproven theory that crime rises when police feel hamstrung by political oversight. Sessions embraces this notion.  In cities like Baltimore and Chicago, he told me, politicians “spend all that time attacking the police department instead of the criminals.”...

Sessions contends that the policies he champions help minority communities by cleaning up their neighborhoods.  “If you do the map of your city and you’ve got five times the murders in a minority neighborhood, do you just go away?” he asked me, eyes narrowed.  “Or do you prosecute the criminals who are committing the murders?  That’s the fundamental answer.  And the other thing is, you think the mothers who’ve got children, the older people who are afraid to walk to the grocery store -- shouldn’t they be free just like they are in the elite part of town?”

Sessions leaned over the plastic airplane table.  “Whose side are you on?” he asked. “I’m on the victims’ side, and overwhelmingly the victims are minorities.  The prosecution of certain minorities for murder, the victim is overwhelmingly another African American or Hispanic.  It occurs within their own communities.” (Law-enforcement statistics show white criminals also tend to target white victims.)

His eyes gleamed as he sat back. “We are protecting minority citizens,” he concluded. “The fundamental question is, Who rules the streets? The government, or the outlaws?”

March 29, 2018 in Criminal justice in the Trump Administration, Who Sentences? | Permalink | Comments (9)

Wednesday, March 28, 2018

Latest update on battles over criminal justice reform inside the Trump Administration

The New York Times has this lengthy new article under the headline "Sessions and Kushner Square Off, and Prisoners Hang in the Balance." It covers ground that will largely be familiar to regular readers, and here are a few excerpts:

In the final months of the Obama administration, the Justice Department announced a new approach to preparing prisoners for life beyond their cells. Officials created a prison school system, pledged money for technology training and promised to help prevent former inmates from returning to prison.

Almost immediately after taking office, Trump administration officials began undoing their work. Budgets were slashed, the school system was scrapped and studies were shelved as Attorney General Jeff Sessions brought to bear his tough-on-crime philosophy and deep skepticism of Obama-era crime-fighting policies.

Now, nearly a year and a half later, the White House has declared that reducing recidivism and improving prisoner education is a top priority — echoing some of the very policies it helped dismantle.

This whiplash approach to federal prison policy reflects the tension between Jared Kushner, the president’s reform-minded son-in-law and senior adviser, and Mr. Sessions, a hard-liner whose views on criminal justice were forged at the height of the drug war. It has left both Democratic and Republican lawmakers confused and has contributed to skepticism that the Trump administration is serious about its own proposals....

Mr. Kushner, administration officials say, supports such sweeping change. Mr. Sessions is adamantly opposed. The two men reached a compromise in recent months: Mr. Kushner could push for the prison changes, but Mr. Sessions would position the administration strongly against a broader overhaul.

“I do believe that Jared Kushner is earnest in his desire for criminal justice reform,” said Inimai M. Chettiar, of the liberal-leaning Brennan Center for Justice. “But Jeff Sessions is still stuck in 1980. He hasn’t moved along with everyone else, including top prosecutors and police chiefs, who realize that tough-on-crime doesn’t work.” Ms. Chettiar said she was not convinced that Mr. Kushner’s support was enough to get the administration behind real change — even in the narrow area of prisons.

The Justice Department said Mr. Sessions fully supported the White House principles and was committed to helping inmates develop the skills needed to return to society. But Mr. Sessions is not rushing to promote those efforts: Over two weeks, the Justice Department refused to make anyone available to discuss them and would not identify which prison education programs have been cut and which remain.  “They’re not going to talk to you about this,” said Joe Rojas, a teacher at the federal prison complex in Coleman, Fla.  He said the Justice Department could not answer those questions without acknowledging that the Trump administration had cut more than 6,000 prison jobs. Staffing is so short that teachers around the country are regularly reassigned to cover routine guard duties, he said.

One of the White House priorities is to offer incentives to encourage inmates to enroll in programs to prepare them for life outside prison.  Mr. Rojas and others are quick to note that incentives are not the problem: Educational programs are so popular that more than 15,000 federal inmates are on waiting lists for high school equivalency diploma and literacy programs, according to a 2016 Justice Department report. “It sounds pretty on paper,” said Mr. Rojas, who is the president of his American Federation of Government Employees union local. “But when you cut staff, you can’t do anything.”

Mr. Grassley said that he while appreciated Mr. Kushner’s desire to get something done, he did not support any effort to try to address prisons without fixing what he saw as fundamental unfairness in sentencing laws. And he believes Mr. Kushner shares his views.  “But he sees a chance of getting half a loaf, and he’s willing to settle for a half a loaf,” Mr. Grassley said. “I’m not going to.”

The White House argues that Mr. Grassley’s argument is moot because the Senate majority leader, Mitch McConnell of Kentucky, will not allow a vote on a broad criminal justice bill that divides Republicans. Mr. Grassley sees that as an excuse.  “If the president would start tweeting about it every other day like he tweets about everything else, McConnell would come along,” he said.

Mr. Kushner believes that the White House can forge consensus around prison reform. He wants the federal government to look to states for proven ideas to reduce recidivism. The White House recently hired Brooke Rollins, a conservative lawyer who advocated such changes in Texas, a state that is often held up by both conservatives and liberals as a leader in reducing recidivism.

Amy Lopez, a former teacher in the Texas prison system, agreed that the federal government could learn from states. More data exists than ever before, she said, and it shows that education reduces the chance that a former inmate will be arrested again.

The Justice Department hired Ms. Lopez in 2016 to replace the patchwork prison education system with a centralized school district that offered diplomas, technology training and vocational education. “It was interesting to have this focus at the federal level on education,” she said. “That was new.”

Within months, she was fired, the school system axed. She took a job overseeing education in Washington’s city corrections system. Trump administration officials say that, as part of the new focus on prisons, if the school idea turns out to have been a good one, they can always reconsider it.

March 28, 2018 in Criminal justice in the Trump Administration, Prisons and prisoners, Who Sentences? | Permalink | Comments (1)

Friday, March 23, 2018

New spending bill includes a lot more money for Justice Department to fight drug war even harder

A helpful reader made sure that I did not miss the important criminal justice story within this week's budget drama.  Specifically, the new spending bill signed today, as detailed here, includes lots more money for the Department of Justice to hire a lot more agents and prosecutors to, presumably, bring a lot more federal drug cases:

TITLE II

DEPARTMENT OF JUSTICE

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

This Act includes $114,000,000 for General Administration, Salaries and Expenses.

Opioid and heroin epidemic. -- The Act includes significant increases in law enforcement and grant resources for the Department of Justice (DOJ) to combat the rising threat to public health and safety from opioid, heroin and other drug trafficking and abuse. This includes a total of$446,500,000, an increase of $299,500,000 more than fiscal year 2017, in DOJ grant funding to help State and local communities respond to the opioid crisis.

Federal Law Enforcement and Prosecutors. -- The Act includes significant increases for DOJ Federal law enforcement and prosecution agencies which will help DOJ investigate and prosecute high priority cases, including those involving opioids, heroin, and other drug trafficking amongst other law enforcement priorities that were agreed upon by the Committees in this explanatory statement. The overall increase is $717,691,000 more than fiscal year 201 7 which includes: $101,750,000 for U.S. Attorneys; $62,452,000 for U.S. Marshals Service operations; $36,912,000 for the Drug Enforcement Administration (DEA) diversion control program and $87,350,000 for DEA operations; $25,850,000 for the Organized Crime and Drug Enforcement Task Forces; $263,001,000 for Federal Bureau oflnvestigation (FBI) operations; $35,176,000 for the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and $105,200,000 for the Bureau of Prisons (BOP) operations.

My sense is that these "significant increases" in resources for federal agents and prosecutors could and likely will impact the federal prison population a lot more than any number of higher-profile developments like a memo encouraging pursuit of the death penalty or changes in marijuana policies. one can never repeat the mantra too much: "Follow the money."

March 23, 2018 in Criminal justice in the Trump Administration, Drug Offense Sentencing, Who Sentences? | Permalink | Comments (5)

Brennen Center releases new report: "Criminal Justice: An Election Agenda for Candidates, Activists, and Legislators"

The Brennan Center today released this notable new report titled, "Criminal Justice: An Election Agenda for Candidates, Activists, and Legislators." Here is its executive summary reprinted here:

This report sets forth an affirmative agenda to end mass incarceration in America.  The task requires efforts from both federal and state lawmakers.

Today, criminal justice reform stands on a knife’s edge.  After decades of rising incarceration and ever more obvious consequences, a powerful bipartisan movement has emerged. It recognizes that harsh prison policies are not needed to keep our country safe.

Now that extraordinary bipartisan consensus is challenged by the Trump administration, through inflammatory rhetoric and unwise action.  Only an affirmative move to continue reform can keep the progress going.

The United States has less than five percent of the world’s population, but nearly one quarter of its prisoners. About 2.1 million people are incarcerated in this country, the vast majority in state and local facilities.  Mass incarceration contributes significantly to the poverty rate. It is inequitable, placing a disproportionate burden on communities of color. It is wildly expensive, in some cases costing more to keep an 18-year-old in prison than it would to send him to Harvard.  Our criminal justice system costs $270 billion annually, yet does not produce commensurate public safety benefits.

Research conclusively shows that high levels of imprisonment are simply not necessary to protect communities.  About four out of every ten prisoners are incarcerated with little public safety justification.  In fact, 27 states have reduced both imprisonment and crime in the last decade.  A group of over 200 police chiefs, prosecutors, and sheriffs has formed, whose founding principles state: “We do not believe that public safety is served by a return to tactics that are overly punitive without strong purpose . . . we cannot incarcerate our way to safety.”

In cities, states, and at the federal level, Republicans and Democrats have joined this effort.  They recognize that today’s public safety challenges demand new and innovative politics rooted in science and based on what works. The opioid epidemic, mass shootings, and cyber-crime all require modern responses that do not repeat mistakes of the past.

Crime is no longer a wedge issue, and voters desire reform.  A 2017 poll from the Charles Koch Institute reveals that 81 percent of Trump voters consider criminal justice reform important.  Another, from Republican pollster Robert Blizzard, finds that 87 percent of Americans agree that nonviolent offenders should be sanctioned with alternatives to incarceration.  And according to a 2017 ACLU poll, 71 percent of Americans support reducing the prison population — including 50 percent of Trump voters.

But the politician with the loudest megaphone has chosen a different, destructive approach.  Donald Trump, and his Attorney General Jeff Sessions, falsely insist there is a national crime wave, portraying a country besieged by crime, drugs, and terrorism — “American carnage,” as he called it in his inaugural address.

But, crime in the United States remains at historic lows.  While violent crime and murder did increase in 2015 and 2016, new data show crime and violence declining again in 2017. The national murder rate is approximately half of what it was at its 1991 peak.  Those who seek to use fear of crime for electoral gain are not just wrong on the statistics; they are also wrong on the politics.

Now, to continue the progress that has been made, it is up to candidates running for office to boldly advance policy solutions backed by facts, not fear.  This report offers reforms that would keep crime low, while significantly reducing incarceration.  Most solutions can be enacted through federal or state legislation.  While most of the prison population is under control of state officials, federal policy matters too.  The federal government’s prison population is larger than that of any state.  Further, Washington defines the national political conversation on criminal justice reform.  And although states vary somewhat in their approach to criminal justice, they struggle with similar challenges. The state solutions in this report are broadly written as “models” that can be adapted.

Steps to take include:

• Eliminating Financial Incentives for Incarceration

• Enacting Sentencing Reform

• Passing Sensible Marijuana Reform

• Improving Law Enforcement

• Responding to the Opioid Crisis

• Reducing Female Incarceration

March 23, 2018 in Criminal justice in the Trump Administration, Elections and sentencing issues in political debates, Recommended reading, Scope of Imprisonment, Who Sentences? | Permalink | Comments (6)

Monday, March 19, 2018

Highlights from Prez Trump's tough talk about the opioid crisis and federal response

This FoxNews piece, headlined "Trump declares war on opioid abuse, calls for death penalty for traffickers, more access for treatment," provides some details on Prez Trump's comments on the opioid crisis today in New Hampshire.  Here are excerpts:

Speaking from one of the states hardest hit by the opioid epidemic, President Trump on Monday laid out a battle plan that calls for harsher sentences — and even the death penalty — for traffickers.

Trump called for expanded treatment options for victims in the Manchester, N.H., speech, but leveled most of his emphasis on beefed-up enforcement. And he heaped plenty of scorn on the people he believes are responsible for as many as 42,000 U.S. deaths per year. "These are terrible people and we have to get tough with those people," Trump said of traffickers and dealers. "This isn’t about committees... this is about winning a very tough problem."

"The ultimate penalty has to be the death penalty," Trump said, before musing, "maybe our country is not ready for that."

Trump wants Congress to pass legislation reducing the amount of drugs needed to trigger mandatory minimum sentences for traffickers who knowingly distribute certain illicit opioids. The death penalty would be pursued where appropriate under current law. Justice Department says the federal death penalty is available for several limited drug-related offenses, including violations of the "drug kingpin" provisions in federal law.

Trump reiterated an observation he has shared several times before — that a person in the U.S. can get the death penalty or life in prison for shooting one person, but that a drug dealer whose actions could lead to thousands of overdoses can spend little or no time in jail.

The president said the federal government may consider aggressive litigation against pharmaceutical companies deemed complicit in the crisis. "Whether you are a dealer or doctor or trafficker or a manufacturer, if you break the law and illegally peddle these deadly poisons, we will find you and we will arrest you and we will hold you accountable," Trump said.

Trump singled out Mexico and China as main sources of illicit opioids. A Drug Enforcement Administration report last year said: "Seizures indicated that China supplies lower volumes of high-purity fentanyl, whereas fentanyl seizures from Mexico are higher volume but lower in purity."...

Trump also announced a nationwide public awareness campaign, as well as increased research and development through public-private partnerships between the federal National Institutes of Health and pharmaceutical companies. He announced a new website, Crisisnextdoor.gov, where people can share their stories about addiction. The hope is that horror stories will scare people away from behavior that could lead to addiction. The Trump administration aims to see the number of filled opioid prescriptions cut by one-third within three years.

A third part of the plan addresses improving access to treatment and recovery programs that have proven effective. Many health professionals, relatives of those who have died of overdoses and people who have experienced addiction to opioids have been pushing for treatment to be a key component of any campaign to fight the epidemic. "Failure is not an option," the president said. "Addiction is not our future. We will liberate our country from this crisis."...

Meanwhile, Congress plans to weigh a range of bills targeted at curbing the epidemic. The bills cover everything from improving access to treatment to intercepting shipments of illicit opioids en route to the United States. "Our recommendations will be urgent and bipartisan, and they will come very quickly," said Sen. Lamar Alexander, R-Tenn., chairman of the Senate Health, Education, Labor and Pensions Committee, according to published reports.

Interestingly, though the media (and Prez Trump himself in his spoken remarks) are making much of the death penalty and other tough-on-crime pieces of the plan, this official White House accounting of the plans, described as "President Donald J. Trump’s Initiative to Stop Opioid Abuse and Reduce Drug Supply and Demand," gives significantly more attention to public health elements and actions.

Prior related posts:

March 19, 2018 in Criminal justice in the Trump Administration, Drug Offense Sentencing, Who Sentences? | Permalink | Comments (6)

Sunday, March 18, 2018

Prez Trump reportedly to call for more capital cases under current federal laws, but not seeking new death penalty laws

Ever since Prez Trump starting talking up his affinity for using the death penalty for drug dealers, I have been wondering if he was planning to call for Congress to develop new capital statutes to help pursue that end.  But, according to this new Wall Street Journal piece, a big speech coming from Prez Trump on Monday will only call for more capital cases to be brought under existing federal criminal laws.  The WSJ piece carries this full on-line headline "Trump’s Opioid Battle Plan Includes Seeking More Death-Penalty Prosecutions: The president will ask the Justice Department to press more cases against drug traffickers under current law."  Here are highlights:

President Donald Trump on Monday will call for new steps to combat the opioid epidemic, including a push to reduce opioid prescriptions by a third over three years, asking the Justice Department to seek more death-penalty cases against drug traffickers under current law, and for federal support to expand the availability of overdose-reversal medication.

The proposals will come in a speech in the hard-hit state of New Hampshire. They form part of a broader blueprint by Mr. Trump, which senior White House officials on Sunday described as seeking to deploy education, law enforcement and treatment to try to reverse abuse of particularly addictive drugs that claim the lives of more than 100 people a day in the U.S.

Other elements of the strategy, the White House said, would include a fresh public-awareness campaign about drug abuse, a research-and-development partnership between the National Institutes of Health and pharmaceutical companies into opioid prescription alternatives, tougher sentences for fentanyl traffickers, and screening of all prison inmates for opioid addiction.

But it is the death penalty proposal that is likely to dominate discussion of the package.  “The Department of Justice will seek the death penalty against drug traffickers when it’s appropriate under current law,” said Andrew Bremberg, the president’s top domestic-policy adviser.

Senior White House officials referred specific questions about the death-penalty stance to the Justice Department but emphasized that the administration was seeking to use current law rather than call for a new federal statute.

A 1988 federal law imposes the death penalty on drug “kingpins” who commit murder in the course of their business.  Some legal analysts say that it has resulted in dozens of sentences but few executions since then.  John Blume, a law professor at Cornell Law School and director of its death-penalty project, said the statute as enforced to date typically has ensnared “mid- to low-level drug dealers…None of them were really objectively the people they said they were going to get.”...

In November, a presidential commission headed by Mr. Trump’s one-time political rival for the Republican presidential nomination, former Gov. Chris Christie of New Jersey, issued a 56-recommendation report that included calls for the federal government to set up drug courts across the U.S., retrain medical prescribers on opioid use and reduce incentives for doctors to offer the powerful painkillers. It also called for engaging with states to expand access to naloxone, an overdose-reversal drug. The administration accepts all 56 recommendations, a senior White House official said Sunday.

At a brief appearance at a White House summit on opioids earlier this month, Mr. Trump openly mused that other countries allow the death penalty for drug trafficking and that he believed they had less of a drug problem as a result. He said that translated into a need for more “strength.” He offered few further details, saying only that he also wanted to see the federal government bring legal action against opioid manufacturers, because “if the states are doing it, why isn’t the federal government doing it?”

Such remarks had sparked speculation that Mr. Trump would seek a new death penalty for drug trafficking, and with it, a revived debate about the permissibility of such laws under the constitutional amendment prohibiting cruel and unusual punishment. The Supreme Court has rejected capital punishment for crimes such as child rape in recent years and has taken a narrower view of arguments that seek to execute people for indirectly causing deaths through criminal actions.

Prior related posts:

March 18, 2018 in Criminal justice in the Trump Administration, Death Penalty Reforms, Drug Offense Sentencing, Who Sentences? | Permalink | Comments (1)

Friday, March 16, 2018

The latest account of Trump Administration's latest punitive ideas for responding to drug problems

Politico has this lengthy new article reviewing the soon-to-be-released (and perhaps still in development) plan from the Trump Administration to respond to the opioid crisis and other drug problems.  The piece is headlined "Trump finalizing opioid plan that includes death penalty for dealers," and here are excerpts (with an emphasis on punishment pieces though it seems there will be important public health parts to the coming plan):

The Trump administration is finalizing a long-awaited plan that it says will solve the opioid crisis, but it also calls for law enforcement measures — like the death penalty for some drug dealers — that public health advocates and congressional Republicans warn will detract from efforts to reverse the epidemic.

The ambitious plan, which the White House has quietly been circulating among political appointees this month, could be announced as soon as Monday when President Donald Trump visits New Hampshire, a state hard hit by the epidemic. It includes a mix of prevention and treatment measures that advocates have long endorsed, as well as beefed-up enforcement in line with the president’s frequent calls for a harsh crackdown on drug traffickers and dealers.

Trump’s plan to use the death penalty in some cases found at least one fan among congressional Republicans: Rep. Chris Collins of New York, one of the president’s most consistent cheerleaders. “I’m all in on the capital punishment side for those offenses that would warrant that,” he said when asked about the plans Thursday afternoon. “Including drug cases. Yep.”

But several congressional Democrats said they were alarmed by Trump's plan to ramp up punishment. “We are still paying the costs for one failed 'war on drugs,' and now President Trump is drawing up battle plans for another," said Sen. Ed Markey of Massachusetts. "We will not incarcerate or execute our way out of the opioid epidemic."

The White House's most concrete proposal yet to address opioids comes after complaints from state health officials and advocates that Trump has moved too slowly to combat the epidemic after his bold campaign promises to wipe out the crisis touching all parts of the country.

However, the plan could cost billions of dollars more than Trump budgeted — and likely far more than any funding package that Congress would approve — raising questions about how much of it can actually be put into practice. Trump's emphatic embrace of the death penalty for some drug dealers has also alarmed some advocates, who say the idea has been ineffective when tried in other countries and resurrects the nation’s unsuccessful war on drugs.

Under the most recent version of the plan, which has gone through several revisions, the Trump administration proposes to change how the government pays for opioid prescriptions to limit access to powerful painkillers. It also calls on Congress to change how Medicaid pays for treatment, seeking to make it easier for patients with addictions to get inpatient care. It would also create a new Justice Department task force that more aggressively monitors internet sales....

POLITICO obtained two versions of the White House plan and spoke with four individuals who have reviewed it. The White House confirmed that a plan was in development but didn’t respond to multiple requests for further comment. Many of the measures in the plan were recommended by the president’s opioids commission last fall or discussed at a March 1 White House opioid summit. For instance, it endorses a long-promised priority: greatly expanding first responders' access to naloxone, a medication used to reverse opioid overdoses. It also calls on states to adopt a prescription drug monitoring database that health care providers can access nationwide to flag patients seeking out numerous opioid prescriptions.

On the policing side, the plan would ramp up prosecution and punishment, underscoring the tension in how public health advocates and law enforcement officials approach the crisis. Public health advocates say the nation's opioid epidemic should be treated as a disease, with emphasis on boosting underfunded treatment and prevention programs. But some law enforcement officials back tougher punishments as a deterrent, especially for drug dealers. The two camps don’t always see eye-to-eye, at times pitting HHS and DOJ officials against each other. “There is a lot of internal dissension between the health folks and the enforcement folks,” said an official involved in the crafting of the plan.

While Trump this month repeatedly suggested using the death penalty to deter drug dealers and traffickers — an idea roundly opposed by public health advocates — many lawmakers have said they weren’t sure whether to take the idea seriously. “I would have to strongly evaluate and look at any proposal like that,” said Sen. Dan Sullivan (R-Alaska) on Wednesday. “I don’t know if the president was serious or just said it off the cuff. … It’s a big issue when you decide to bring a capital case or pass a law that allows for capital punishment.”

According to language circulating this week, the Trump administration will call for the death penalty as an option in "certain cases where opioid, including Fentanyl-related, drug dealing and trafficking are directly responsible for death."

Sen. Shelley Moore Capito (R-W.Va.), whose home state is one of the hardest hit by the opioid epidemic, said she doesn't support the death penalty for drug cases. “I mean, I get the message he’s delivering: We’ve got to treat it seriously,” she said. “I don’t see that that’s going to solve the problem.”

The White House plan also calls for making it easier to invoke the mandatory minimum sentence for drug traffickers who knowingly distribute illegal opioids that can be lethal, like fentanyl. It also proposes a new Justice Department task force known as “Prescription Interdiction and Litigation,” or PIL, which would be empowered to step up prosecutions of criminally negligent doctors, pharmacies and other providers.

As serious sentencing fans perhaps already realize, though any proposal for the death penalty for drug dealers is sure to garner a lot of attention, proposals to expand the reach or application of mandatory minimum sentences are sure to be far more consequential to the day-to-day operation of the federal criminal justice system.

Prior related posts:

March 16, 2018 in Criminal justice in the Trump Administration, Drug Offense Sentencing, Mandatory minimum sentencing statutes, Who Sentences? | Permalink | Comments (8)

Wednesday, March 14, 2018

Interesting data from the US Courts on federal criminal justice caseloads in FY 2017

The Administrative Office of the U.S. Courts yesterday released here is Annual Report on "Judicial Business 2017" providing lots of statistics on the work of the federal Judiciary for the fiscal year ending September 30, 2017. Here are some criminal justice-related items from data pages here and here that caught my eye:

This year, filings in the U.S. courts of appeals declined 16 percent to 50,506. Total filings in the U.S. district courts decreased 7 percent to 344,787 as civil case filings dropped 8 percent to 267,769, although filings for criminal defendants remained relatively stable at 77,018....

Filings in the regional courts of appeals, which rose 15 percent the previous year, dropped 16 percent to 50,506 in 2017. Filings by pro se litigants, which accounted for 50 percent of new cases, went down 20 percent. Civil appeals grew 1 percent. Criminal appeals fell 14 percent.

Filings for criminal defendants (including those transferred from other districts) remained stable, decreasing less than 1 percent to 77,018.

The biggest numeric decline was in filings for defendants charged with property offenses, which fell 6 percent to 10,115 filings and accounted for 13 percent of total criminal filings.  Filings for defendants charged with fraud, which constituted 9 percent of total filings and 71 percent of property offense filings, dropped 5 percent to 7,165.  Fraud filings related to identification documents and information, which are often associated with immigration crimes, decreased 16 percent to 639.

Drug crimes remained the offenses prosecuted most frequently in the U.S. district courts, constituting 32 percent of all defendant filings. Filings for defendants charged with crimes related to marijuana decreased 19 percent to 4,181.  Filings for non-marijuana defendants rose 4 percent to 20,175.  Filings related to the sale, distribution, or dispensing of illegal drugs decreased 17 percent to 2,249 for marijuana and rose 1 percent to 17,560 for all other drugs.

Criminal filings for defendants charged with immigration offenses fell 2 percent to 20,438 and accounted for 27 percent of criminal filings. This was the lowest total since 2007. Defendants charged with improper reentry by an alien decreased 3 percent to 16,554, and those charged with improper entry by an alien dropped 12 percent to 172.  Immigration filings in the five southwestern border districts declined 7 percent to 15,638 and constituted 77 percent of national immigration defendant filings, compared to 81 percent in 2016.  Filings fell 32 percent in the District of New Mexico, 16 percent in the Southern District of Texas, and 5 percent in the District of Arizona, but rose 51 percent in the Southern District of California and 6 percent in the Western District of Texas.

General offense defendants declined 5 percent and amounted to 2 percent of total criminal filings. Reductions also occurred in filings related to violent offenses (down 1 percent) and sex offenses (also down 1 percent); each of these categories constituted 4 percent or less of total criminal filings.

Filings for defendants prosecuted for firearms and explosives offenses rose 11 percent to 9,672 and represented 13 percent of total criminal filings. Filings involving justice system offenses, which increased 5 percent, constituted 1 percent of total criminal filings. Defendants charged with regulatory offenses grew 3 percent and accounted for 2 percent of total criminal filings. Traffic offense filings increased 2 percent to 2,292 and accounted for 3 percent of total criminal filings.

Because FY 2017 ending in Sept 2017 really represents a big transition year at the executive branch, it is way too early to draw too much from these data concerning the patterns of prosecution we might expect during the Trump years. But these data present an interesting baseline from which to look for notable patterns that might develop in the years ahead.

March 14, 2018 in Criminal justice in the Obama Administration, Criminal justice in the Trump Administration, Data on sentencing | Permalink | Comments (1)

Saturday, March 10, 2018

Trump Administration reportedly looking (seriously?) at the death penalty for serious drug dealers

In reported in prior posts here and here, Prez Trump has reportedly talked privately about how drug dealers are as bad as serial killers and has talked publicly about using the "ultimate penalty" to address drug problems. Now according to this new Washington Post article, headlined "Trump administration studies seeking the death penalty for drug dealers," these musings by President Trump are now a policy proposal being seriously examined by the administration:

The Trump administration is studying new policy that could allow prosecutors to seek the death penalty for drug dealers, according to people with knowledge of the discussions, a sign that the White House wants to make a strong statement in addressing the opioid crisis.

President Trump last week suggested executing drug dealers as a way to make a dent in opioid addiction. Opioids killed nearly 64,000 people in 2016, and the crisis is straining local health and emergency services.

People familiar with the discussions said that the president’s Domestic Policy Council and the Department of Justice are studying potential policy changes and that a final announcement could come within weeks. The White House has said one approach it might take is to make trafficking large quantities of fentanyl — a powerful synthetic opioid — a capital crime because even small amounts of the drug can be fatal. White House officials also are studying tougher noncapital penalties for large-scale dealers.

Trump said last week that the administration would soon roll out unspecified “strong” policies on opioids. White House officials said Trump has privately expressed interest in Singapore’s policy of executing drug dealers. “Some countries have a very tough penalty, the ultimate penalty, and they have much less of a drug problem than we do,” Trump said during an appearance at a White House summit on opioids last week.

Trump also has endorsed Philippine President Rodrigo Duterte’s approach to the issue; Duterte’s “drug war” has led to the deaths of thousands of people by extrajudicial police killings. Last year, Trump praised Duterte in a phone call for doing an “unbelievable job on the drug problem,” according to the New York Times. Kellyanne Conway, counselor to the president, is leading much of the work on opioids for the White House. Singaporean representatives have briefed senior White House officials on their country’s drug policies, which include treatment and education, but also the death penalty, and they provided a PowerPoint presentation on that country’s laws.

Singapore’s model is more in line with the administration’s goals for drug policy than some other countries, a senior administration official said. “That is seen as the holistic approach that approximates what this White House is trying to do,” a senior administration official said....

Federal law currently allows for the death penalty to be applied in four types of drug-related cases, according to the Death Penalty Information Center: murder committed during a drug-related drive-by shooting, murder committed with the use of a firearm during a drug trafficking crime, murder related to drug trafficking and the death of a law enforcement officer that relates to drugs.

Peter H. Meyers, a professor at the George Washington University School of Law, said he doesn’t agree with the idea of adding more capital crimes for drug dealers, but he said it could be a legal approach: “It very likely would be constitutional if they want to do it.”

The administration’s directives come as prosecutors nationwide are cracking down on higher-level drug dealers and law enforcement officials are looking at increased penalties for fentanyl trafficking and dealing. But at the same time, public health officials — including those in the Trump administration — and many in law enforcement are emphasizing treatment rather than punitive measures for low-level users and those addicted to drugs.

Attorney General Jeff Sessions has directed federal prosecutors to pursue the most severe penalties for drug offenses.  The Department of Justice said last year it will aggressively prosecute traffickers of any fentanyl-related substance.

If (when?) we see a serious formal death penalty proposal for drug dealers, I will have a lot more to say on the topic. For now, I will be content with three "hot takes" (with number 3 to get a lot more attention if this discourse continues):

1. It is not at all clear that death sentences for drug dealers, even for those whose drugs cause multiple deaths, would be constitutional; it is entirely clear that the issue would be litigated extensively and would have to be definitively decided by the US Supreme Court.

2. If Prez Trump is truly interested in "executing drug dealers" rather than just sending them to death row, he needs to get his Justice Department to get serious about trying to actually execute some of the five dozens murderers languishing  on federal death row (some of whom have been on federal death row for two decades or longer).  

3. If the White House (and/or Attorney General Sessions) is seriously interested in a legislative proposal to make the "worst of the worst" drug dealers eligible for the death penalty, I would seriously urge Senate Judiciary Chair Chuck Grassley to consider adding the proposal to his Sentencing Reform and Corrections Act as part of an effort to get the White House and AG Sessions to support that bill.  Even if drafted broadly, any federal "death penalty for drug dealers" law would likely only impact a few dozen cases per year, whereas the SRCA will impact tens of thousands of cases every year.  And the SRCA could help tens of thousands of least serious drug offenders while any death penalty bill would impact only the most serious drug offenders.

Prior related posts:

UPDATE: Not long after this posting, Prez Trump gave a speech in Pennsylvania that, as reported in this new Washington Post piece, covered this ground and received a positive response for the audience:

President Trump on Saturday again called for enacting the death penalty for drug dealers during a rally meant to bolster a struggling GOP candidate for a U.S. House seat here. During the campaign event in this conservative western Pennsylvania district, the president also veered off into a list of other topics, including North Korea, his distaste for the news media and his own election victory 16 months ago.

Trump said that allowing prosecutors to seek the death penalty for drug dealers — an idea he said he got from Chinese President Xi Jinping — is “a discussion we have to start thinking about. I don’t know if this country’s ready for it.”

“Do you think the drug dealers who kill thousands of people during their lifetime, do you think they care who’s on a blue-ribbon committee?” Trump asked. “The only way to solve the drug problem is through toughness. When you catch a drug dealer, you’ve got to put him away for a long time.”

It was not the first time Trump had suggested executing drug dealers. Earlier this month, he described it as a way to fight the opioid epidemic. And on Friday, The Washington Post reported that the Trump administration was considering policy changes to allow prosecutors to seek the death penalty.

But on Saturday his call for executing drug dealers got some of the most enthusiastic cheers of the night. As Trump spoke about policies on the issue in China and Singapore, dozens of people nodded their heads in agreement. “We love Trump,” one man yelled. A woman shouted: “Pass it!”

March 10, 2018 in Criminal justice in the Trump Administration, Death Penalty Reforms, Drug Offense Sentencing | Permalink | Comments (6)

Prez Trump issues his second pardon; Kristian Saucier, whom prosecutors sought imprisoned for six years, served year for taking photos in classified sub room

I am pleased to report that President Donald Trump is continuing to make use of his clemency power during the first part of his first term.  A relatively high-profile case is yet again the subject of his activity, as reported in this Politico article headlined "Trump pardons sailor in submarine photos case." Here are the details:

President Donald Trump has pardoned a Navy submariner sentenced to prison for taking photos inside the classified engine room of a nuclear submarine, the White House announced on Friday.

Petty Officer First Class Kristian Saucier pleaded guilty in May 2016 to two felony counts, one for unlawful retention of national defense information and another for obstruction of justice, for taking cellphone pictures inside the Navy vessel and later destroying his own equipment upon learning he was under investigation.

“The president has pardoned Kristian Saucier, a Navy submariner,” White House press secretary Sarah Huckabee Sanders announced at a briefing with reporters. The Justice Department later confirmed the move. Sanders added that “the president is appreciative of Mr. Saucier's service to the country.”

The move marked just the second pardon Trump has granted since entering office, with the first extended in August to Joe Arpaio, the former Arizona sheriff who was convicted of criminal contempt of court in a case involving his tactics targeting undocumented immigrants.

Saucier was sentenced to 12 months in prison for mishandling classified information. Critics have cited the episode to allege a double standard in how low- and high-ranking U.S. officials handle sensitive material. The president brought the case back into public view in January, when he compared the treatment of Saucier with that of his former electoral opponent Hillary Clinton and her top campaign officials....

Prosecutors had sought a much steeper sentence for the former Navy machinist, calling for him to face six years in prison, but the judge gave a more lenient sentence, a point the White House highlighted in announcing his pardon. “The sentencing judge found that Mr. Saucier’s offense stands in contrast to his commendable military service,” Sanders noted.

Though I would like to see Prez Trump issuing many more clemency grants, particularly in lower-profile cases, I remain quite pleased that Prez Trump is continued to use his clemency powers more during his first three years in office than did the last three presidents combined.

Related post on prior clemency grants:

March 10, 2018 in Clemency and Pardons, Criminal justice in the Trump Administration, Who Sentences? | Permalink | Comments (7)