Federal criminal justice reform bogs down again in fight over whether prison reform or broader sentencing reform moves forward

Politico has this lengthy and discouraging article about the state of federal criminal justice reform under the headline "Kushner-backed prison reform bill stumbles in House."  Here are excerpts:

The House Judiciary Committee scrapped plans to vote on a prison reform proposal Wednesday, potentially dooming one of the few remaining prospects for significant bipartisan compromise this Congress.

The last-minute postponement of the measure came as President Donald Trump’s son-in-law and adviser Jared Kushner visited Capitol Hill to rally support for it.  But the delay also followed what multiple House sources described as a behind-the-scenes opposition campaign from two Senate heavyweights, one from each party.

Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) and Senate Minority Whip Dick Durbin (D-Ill.) have told House Judiciary panel members to oppose a narrower prison reform bill without the addition of a sentencing overhaul they spent months negotiating, House sources said.

The Trump administration and GOP leaders want to see a prison-only bill move, not the broader criminal justice bill, but that’s not stopping Grassley and Durbin from what one Republican portrayed as meddling in the House debate.  “Frankly, I respect the two senators, but they have enough problems in the Senate,” said Rep. Doug Collins (R-Ga.), the House GOP’s lead author of the prison reform legislation, in a Wednesday interview. “I wish they would actually focus on passing bills over there. That would be nice.”

Durbin denied that he was telling the House to slow down on the prison-only approach: “We’re just saying that over here, the two need to be together.” But Durbin confirmed Wednesday that he has talked to the House Judiciary panel’s top Democrat, Rep. Jerry Nadler of New York, about the importance of keeping the two bills together while Grassley has reached out to Republicans to pitch a comprehensive approach....

The Senate’s lobbying threatens to kill momentum for the Kushner-backed House bill, which would provide training programs to prisoners in hopes of discouraging repeat offenses.  The omission of sentencing changes is opposed not only by Grassley and Durbin but by dozens of powerful progressive groups including the ACLU and the NAACP. Those groups say the bill doesn’t go far enough and should also include language that would reduce sentences for some prisoners.

House Judiciary Chairman Bob Goodlatte (R-Va.) blamed Wednesday’s delayed vote on “time constraints” and said the postponement will give negotiators more time to work out “minor issues.” The panel is now scheduled to consider the bill during the week of May 7.

But the impasse doesn’t show any signs of being resolved soon. In his statement at the beginning of the hearing Wednesday, Nadler said negotiators should consider including sentencing reform in their discussions.  “In my view, considering prison reform without consideration of sentencing reform has the process backward, and avoids the difficult but necessary legislating on that critical issue,” Nadler said.

Nadler later told POLITICO he would be "very reluctant” to support any bill that didn’t include sentencing reform but wouldn’t say whether his opposition, as the top Democrat on the panel, was enough to sink the proposal: “Never say never, but I’d be very reluctant."

But supporters of the narrower prison reform push say a comprehensive strategy is a futile effort and would nix the chances of any bipartisan bill getting to the president’s desk this year.  Attorney General Jeff Sessions, a staunch critic of sentencing reform, opposed a similar proposal before Trump tapped him to lead DOJ and has publicly clashed with Grassley over the issue this year.

However, there’s lingering distrust among House Democrats that Sessions is operating in good faith. Democrats successfully nixed multiple “poison pill“ amendments they said were floated by DOJ during talks on the bill but said privately they’re concerned that Sessions does’'t actually want to see any criminal justice legislation come to fruition.

Grassley also acknowledged in an interview with POLITICO this week that he has yet to persuade Senate Majority Leader Mitch McConnell (R-Ky.) to bring the comprehensive criminal justice bill to the floor.  “It’s my job to show McConnell that this bill has got plenty of support at the grass roots, that it’s got good bipartisan support,” Grassley said. “It’s something that a president needs a bipartisan bill to sign and there’s all kinds of reasons why this bipartisan bill should be brought up, whether the House passes a bill or not.”...

Senate Majority Whip John Cornyn (R-Texas), who supported Grassley’s efforts on a broader criminal justice package during the Obama administration but has narrowed his sights given the Trump administration’s opposition, delivered a floor speech Wednesday urging the two camps to come together on a prison-only approach. “I know other people have other ideas, perhaps about sentencing reform and the like,” Cornyn said, “but in this political environment, I’m for doing what we can do rather than spinning our wheels being frustrated about what we can’t do because there’s simply not the political support in the House and the Senate and at the White House to get it done.”

I am glad that Senators Grassley and Durbin remain deeply committed to getting a bigger criminal justice reform bill passed, but I continue to fear that Senate Majority Leader McConnell will continue to be unwilling to allow a floor vote on the Sentencing Reform and Corrections Act.  Senator McConnell has shown in other settings his ability to be stubborn, and his enduring resistance to the SRCA leads me to be pessimistic about any sentencing reforms getting through Congress this year.

I surmise Senators Grassley and Durbin, and perhaps many reform advocates who have come out against a prison-reform-only bill, believe that passage of a broad bill through the House might make it more likely that Senator McConnell will allow a floor vote.  Perhaps so, and I hope they can get it done.  But I am not optimistic, and I continue to think that getting prison reform done ASAP can be a needed and useful first step toward an array of badly-needed statutory reform of our federal criminal justice system.

A few of many prior related posts:

• Is it time for new optimism or persistent pessimism on the latest prospects for statutory federal sentencing reform?
• Mapping the politics and making the case against the Sentencing Reform and Corrections Act of 2017 
• AG Sessions writes to Senator Grassley to say passage of SRCA "would be a grave error"
• Interesting statements from Senate Judiciary Committee on Sentencing Reform and Corrections Act of 2017 ... and now passage by 16-5 vote! 
• Trump White House expresses opposition to sentencing reform part of SRCA of 2017
• Senator Grassley talking up Senate vote on his SRCA bill along with any prison reform bill lacking sentencing reforms
• Interesting new US Sentencing Commission analysis of possible impact of Sentencing Reform and Corrections Act of 2017
• Federal prison reform bill reportedly moving forward in House of Representatives
• Lots of notable reporting and commentary as federal prison reform tries to move forward
• Law enforcement reform group urges Congress to tackle sentencing reform along with prison reforms