We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

CONGRESS POISED TO DO NOTHING ON JUSTICE REFORM UNTIL AFTER 2020

The media are already buzzing about the 4,000+ expected releases from federal prison after July 19, when the seven-days-per-year extra good time awarded in the First Step Act is scheduled to be effective.

The Washington Examiner wrote last week that “Trump’s potentially contradictory impulses for law and order but also second chances face a looming political test when about 4,000 federal inmates are released in July under an expansion of “good time” credit in the First Step Act, which he signed in December. Reform advocates say successful reentry into society for the looming wave must be assured. Otherwise, the reform cause and its political backers, including Trump, could be damaged.”

The immediate release wave had been expected right when the bill passed on Dec. 21. But as the Examiner put it, a “drafting error placed the good time credit expansion — allowing an extra seven days a year — in an unrelated section of the law featuring a seven-month delay.”

While Congress may be watching to see how the releasees do, it will not be acting on any criminal justice reform itself. It is clear that nothing the Democratic-run House of Representatives may pass is even going to come to a vote in the Senate. In Saturday’s Wall Street Journal, Senate Majority Leader Mitch McConnell (R-Kentucky) made it clear that the Republican-led Senate will block anything Senate or House Democrats want. “Meanwhile, the Democrats are divided,” the Journal said. “House Speaker Nancy Pelosi and Senate Minority Leader Chuck Schumer tout their legislative agenda, but half or more of their followers would rather rough up President Trump and then impeach him.”

Some of the Democrats running for president are touting criminal justice reforms as part of their platforms, but neither the candidates nor their opponents are interested in seeing anything enacted before the election.

With some of the 25-odd Democrats announced for president including strong criminal justice proposals in their platforms, it is unlikely the Senate would hand any of them a victory by passing any criminal justice reform measure.

Washington Examiner, Trump embrace of criminal reform faces test as 4,000 inmates near release (May 17)

Wall Street Journal, Mitch McConnell on Judges and the ‘Graveyard’ (May 18)

– Thomas L. Root