Still more potent talk from AG Holder about federal sentencing reform

Earlier today, Attorney General Eric Holder delivered these remarks at the National Black Prosecutors Association’s Profiles in Courage Luncheon.  Here are portions of his remarks focused on how he handled the botched prosecution of former Senator Ted Stevens and also his commitment to federal sentencing reform (with emphasis in the original):

One of my earliest and most highly publicized acts during my tenure as Attorney General was my decision to dismiss the prosecution of former Senator Ted Stevens.  A review of the facts led me to conclude that the defense team had not been provided with all the required Brady material. Dismissal of the case was my only recourse.  Our adversarial system for criminal trials can only result in justice if the discovery process is conducted by the government fairly, ethically, and according to the rule of law.

The Department of Justice has always been considered above reproach or suspicion in this regard. Regrettably, however, the Stevens case has threatened that trust. That is why I have now ordered a full review of how the Department complies with its discovery obligations.  We will correct any errors and we will see to it, once again, that justice is our primary goal.  That is the hallmark of prosecutors such as you -- good prosecutors.  When we are wrong we will admit our errors.  When we see an affront to justice, we will rectify the problem.  And rather than worry about politics, when we learn of criminal misconduct, we will follow the facts and the law, wherever they may lead us.

I have launched a working group within the Justice Department to review sentencing and corrections policy.  Many of the issues we are looking at, including the structure of federal sentencing, the role of mandatory minimums, the Department’s own charging and sentencing policies, the elimination of the sentencing disparities between crack and powder cocaine, and other unwarranted disparities in federal sentencing, have been the source of controversy in our nation for many years.  But controversy should not breed inaction.  As prosecutors, we need to do what is right, no matter what challenges confront us.

The 100-to-1 crack-powder sentencing ratio is a perfect example. Although some may seek to impose the "soft-on-crime" label on anyone who speaks the truth about this issue, we all know that this egregious difference in punishment is simply wrong.  I have seen first-hand the effect that disparities in drug sentences have had on our communities.  In my career as a prosecutor and as a judge, I saw too often the cost borne by the community when promising, capable young people sacrificed years of their futures for non-violent offenses.  Let me be clear: the Department of Justice will never back down from its duty to protect our citizens and our neighborhoods from drugs, or from the violence that all-too-often accompanies the drug trade. But we must discharge this duty in a way that protects our communities as well as the public’s confidence in the justice system.  Our goal is quite simple: to ensure that our sentencing system is tough, predictable and fair.