« Early accounts of the developing post-Hurst hydra for past and present capital cases in Florida | Main | New FBI data indicates violent crime up, property crime down in first half of 2015 »

January 19, 2016

Former AG Michael Mukasey and other former DOJ leaders urge Senate to move forward with vote on sentencing and corrections reform

This new article from Roll Call, headlined "Former Officials Press Senate for Sentencing Bill Vote," reports on the latest inside-the-Beltway federal sentencing reform development. Here are the basics:

Dozens of former federal prosecutors and government officials sent a letter to the Senate leadership Tuesday urging a vote on a bipartisan bill to overhaul the nation’s criminal sentencing laws.

The letter to Majority Leader Mitch McConnell, R-Ky., and Minority Leader Harry Reid, D-Nev., seeks to counter concerns about the bill (S 2123) and instead focus on improvements it makes to the corrections system. “Otherwise, good policy reforms could easily fall victim to politics and fear,” the letter states.

Signers include Michael Mukasey, an attorney general under President George W. Bush, former FBI directors Louis J. Freeh and William S. Sessions, several former U.S. attorneys and several federal appeals court and district court judges....

McConnell, who makes the decision about floor votes, has not said if the Senate will vote on the bill. Majority Whip John Cornyn, R-Texas, a co-sponsor, has said that would happen in 2016. Judiciary Committee Chairman Sen. Charles E. Grassley, R-Iowa, is also pressing for a vote soon.

The momentum for a sentencing overhaul bill faces a challenge because of the tight schedule in an election year and the possibility that the Republicans won't retain their Senate majority. There is also opposition, including from a separate group of former federal prosecutors who sent a letter to leadership in December with concerns about the bill.

The letter sent by Mukasey and others Tuesday seeks to counter those concerns. It says the bill makes “modest, reasonable changes” that would amend “just a few sentencing policies that produced unintended consequences and created imbalance in the scales of justice.”

The bill ties longer mandatory minimum prison sentences to high-level drug traffickers and violent criminals, gives prosecutors new tools to seek enhanced penalties for violent criminals and gives federal prisons a way to make the public safer by reducing the number of inmates who commit crimes once released from their sentence.

“A drug dealer using a gun will still be subject to a significant mandatory minimum sentence for use of the firearm plus additional time for the underlying drug offense,” the letter states. “And since the Department of Justice has committed to a case-by-case review to ensure that any resentencing is done carefully and with complete transparency, offenders who pose a threat to public safety will not be released early.”

Having former GW Bush Attorney General Mukasey on this pro-reform letter strikes me as quite significant because he has been seemingly hesitatant to support big sentencing reforms in the recent past. I doubt this letter itself will dramatically change the political and practical dynamics of getting federal sentencing reform done in the coming months, but advocates of reform shold certainly be glad to have former AG Mukasey now on the reform bandwagon.

UPDATE: The letter signed by former AG Mukasey reference above is available at this link. Another similar letter urging federal sentencing reforms addressed to both House and Senate leaders signed by over 70 prominent police chiefs and federal prosecutors is available at this link.  In addition, this new Politico article, headlined "GOP split threatens sentencing overhaul," reports on the state of play in the Senate.  Here is how it starts:

Senate Majority Leader Mitch McConnell faces snowballing pressure to tackle an overhaul of the criminal justice system. But deep dissension within his own party — between pro-reform Republicans and law-and-order types — is threatening one of the few items on the congressional agenda with a real chance of becoming law this year.

January 19, 2016 at 05:10 PM | Permalink

Comments

The bill ties longer mandatory minimum prison sentences to high-level drug traffickers and violent criminals, gives prosecutors new tools to seek enhanced penalties for violent criminals and gives federal prisons a way to make the public safer by reducing the number of inmates who commit crimes once released from their sentence.

Sorry guys, but you have lost my interest totally with the above direction. Reform means you are going to make things reasonable. There is absolutely nothing reasonable with our current MM, much less increase them.

Im sure Bob Grassley is in a hurry to fet these passed. About like ObamaCare, pound it and paint it. Totally a big wasre of time, where do we get people like this.

Posted by: MidWestGuy | Jan 19, 2016 7:46:39 PM

Agreed. The fact that Mukasey supports the bill tells you all you need to know.

Posted by: Sam | Jan 20, 2016 9:52:43 AM

Are the comments not "glad" here mistaken?

Posted by: Joe | Jan 20, 2016 1:44:49 PM

Joe: In many respects, S. 2123, the Sentencing Reform and Corrections Act of 2015, is a modest bill that will only make modest improvements to the federal sentencing system. But modest improvements are still improvements, and the reality of the enduring politics of crime and punishment make it a major slog to get any improvements actually done in this space.

Posted by: Doug B. | Jan 20, 2016 4:51:13 PM

Doug, I agree with you on any improvements need to accepted.

But to increase the mandatories. They are pretty the whole ball of wax in the federal system.

The dugs -2 just lowered several of the by drug qty.

Posted by: MidWestGuy | Jan 21, 2016 8:29:38 AM

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB