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

IT WAS THE BEST OF TIMES…

So omicron is unlikely to respect that you’ve had COVID before or been vaccinated, and there’s no reason to believe that it’s milder than its predecessors (see below). What could possibly be good about that?

What’s good is that this may represent the last best chance for inmates to win COVID-based compassionate release motions under 18 USC § 3582(c)(1)(A)(i). In the last 6 months, courts have often cited the questionable fact that if you’ve had COVID, you’re less likely to have it again or have it more seriously. What’s more, the judges are holding that being vaccinated reduces the risk to a level where compassionate release is unnecessary.

There’s a good argument to be made now that omicron has kicked the legs out from under both those arguments.

And this might be the last best chance to get a COVID compassionate release. Drugmakers Pfizer and Merck have both sought authorization for a COVID pill, and early tests show Pfizer’s pill cuts hospitalization and death from COVID by 90% and works against omicron.

Once those pills are approved and generally available – estimated to be about 90 days – it’s quite likely that the COVID compassionate release will be a thing of the past.

Macbeth might advise prisoners, “If it were done when ’tis done, then ’twere well it were done quickly.”

Reuters, Pfizer says COVID-19 pill near 90% protective against hospitalization, death (December 14, 2021)

– Thomas L. Root