Tag Archives: BOP

‘Hey, Abuse Victims, We Didn’t Really Mean It’ – Update for May 11, 2023

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

SERIOUS STEPS TAKEN TO ADDRESS FEMALE PRISONER ABUSE

justkidding230511Just kidding. Last week, a BOP contractor employee monitoring home confinement inmates who sexually abused a Miami woman on house arrest got a prison sentence one month shorter than his victim’s time on house arrest.

Miami-Dade resident Benito Montes de Oca Cruz, 60, got a 4-month prison sentence for one count of abusive sexual contact, followed by a year of supervised release, four months of which will be on home confinement. His victim was on five months of house arrest at the end of her 51-month sentence when he committed “abusive sexual contact” on her.

Remember when DOJ official Lisa Monaco said that women prisoners who suffered sexual abuse at the hands of BOP employees would be recommended for compassionate release due to their treatment? She was kidding, too. One FCI Dublin victim was denied a compassionate release recommendation last fall, the BOP telling her “that the officers’ cases have not yet been ‘adjudicated…’ [Her attorney] said that prison officials told her to refile her motion, most likely once all the officers are charged or sentenced.”

The inmate has under a third of her sentence to serve – under three years – so the BOP’s “come back next week” directive should run out the clock on her request right smartly.

Sadly, this would be true even if she were doing a life term. One of the abusive COs, aptly if disgustedly known as ‘Dirty Dick,” committed suicide after he learned that he was under investigation for abusing women, according to the woman’s lawyer. “So unless they are planning to do a final adjudication… there will never she will never be able to meet the Bureau of Prisons’ standard.”

Maybe Satan can convene a grand jury somewhere in the fires of hell… 

beatings230511Of course, this begs the question of why the BOP and DOJ themselves cannot turn their considerable investigative powers to determine whether the abuse happened.  The BOP has its own investigative office, the SIS (which stands for “Special Investigative Supervisor”). The DOJ has an inspector general office. To be sure, the BOP doesn’t need to get a criminal conviction against a BOP employee to recommend compassionate release for an inmate victim, either.  But showing any initiative might hurt BOP employee morale by suggesting that abusing inmates was not a perk of working at the BOP.

And after all, how many other sordid tales about ‘Dirty Dick’ would be enough to corroborate that he was a s abuser? E. Jean Carroll only required two

Last week, the female prisoner filed for compassionate release with her sentencing judge, seeking a sentencing reduction of about 34 and a half months of her 120-month sentence.

Miami Herald, A Bureau of Prisons monitor gets his sentence. He raped a Miami woman on house arrest (April 30, 2023)

KTVU, Dublin prison sex assault survivor seeks compassionate release after BOP denies (May 5, 2023)

– Thomas L. Root

DOJ Issues ‘Speedo’ First Step Act Report – Update for May 9, 2023

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

DOJ ISSUES FIRST STEP ANNUAL REPORT

The First Step Act required the Dept. of Justice to issue five annual reports describing the implementation of various First Step programs. Last week, the DOJ released its third of the five reports required by law.

skimpysuit230509It reminds me of the old joke about skimpy bathing suits: What they reveal is interesting, but what they conceal is vital. With the end of CARES Act home confinement tomorrow at midnight, perhaps the biggest issues I see arising – judging from the email I get – are FSA credit eligibility, timely posting of FSA credits by the BOP, and the definition of “unstructured productive activities.” The Report is chock-a-block with stats and dense prose, but it falls pretty short in providing much useful information about these three areas.

Eligibility: The Report says that 53% of prisoners have minimum or low recidivism risk. Another 20% are medium risk while 27% are high risk. When the 63-category exclusions from FSA credit listed in 18 USC § 3632(d)(4)(D) are factored in, only 57% of all BOP inmates are eligible for FSA credits. 

For much of that the under-subscription, you can blame Congress, which in its zeal to pass First Step confused the goal of putting prisoners in programs to reduce recidivism  – which is to reduce recidivism – with a reward that should be withheld from some people because of their offenses of conviction. What this means, of course, is that some of the inmates whom society most needs to have rehabilitated – like people who run around with guns committing drug crimes or bank robberies – are the ones being denied incentives for changing their evil ways.

evilways230509Timely FSA Credit Update: Monthly updating of FSA credits for inmates is important for release planning as well as psychologically (it’s easier to be enthusiastic about a program when you can see regular progress: that’s why the airlines keep sending you emails telling you how many frequent flier miles you have amassed). The BOP’s history in tabulating FSA credits and reporting accurate numbers to prisoners is littered with failure.  

Not that you can tell that from the ReportBreezing past history, the Report says that “in August 2022, the Bureau began automatically calculating credits for individuals, which promotes consistency, allows the BOP to provide accurate calculations on a routine basis, and allows individuals in custody to track their time credits and prepare for prerelease from custody.” In fact, the August auto-calc launch was a disaster. The BOP successively promised at the end of September, in October, in mid-November, and at least twice in January 2023 that auto-calc was finally working. I still get emails weekly from different institutions asking me when FSA credits will update for the preceding month.

No Structure to ‘Unstructured Productive Activities’:  The FSA credit program not only awards credits for completing programs. It also rewards participation in “productive activities.”  The BOP has defined what some of those are but also includes a catch-all for ‘unstructured productive activities’, which might include work, adult education classes, independent study or leading an inmate recreation group.

unstructuredanimals230509It might include a lot, sort of like defining mammals as elephants, giraffes, and ‘perhaps all other non-elephants and non-giraffes with mammary glands.  We get the elephants and giraffes part of it, but exactly what else might there be?

The Report does not contribute at all to answering the question of just what an “unstructured productive activity” might be. One line of the Report says, “Moreover, while structured [evidence-based recidivism reduction] programs and [productive activities] with a facilitator-led curriculum are listed in the FSA Programs Guide, other activities, such as work assignments may also be recommended by staff to address individual needs as well as qualify for time credits for eligible individuals in custody.”

“Recommended by staff” without any central guidance seems like a recipe for inconsistency among different facilities, let alone possible favoritism among individual staff and inmates. In other words, it seems that the method of defining what an unstructured PA might be is itself just a little too unstructured.

Just a week ago, a Government Accountability Office manager noted the “BOP remains unable to provide a simple list of ‘unstructured activities’” that qualify for FSA credits… And in terms of what programs that might be made available, like, there are a lot of recidivism reduction programs that just haven’t been evaluated, that haven’t been monitored. So BOP doesn’t really have a good sense for how effective they are.”

Nothing in last week’s Report even acknowledges any of these problems, let alone suggests that it is being addressed.

DOJ, First Step Annual Report – April 2023 (issued May 2, 2023)

Federal News Network, How Bureau of Prisons can escape its own cage (April 25, 2023)

– Thomas L. Root

BOP Oversight Bill Resurrected – Update for May 4, 2023

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

BILL TO ESTABLISH BOP OVERSIGHT RE-INTRODUCED

A bipartisan group of congressional lawmakers introduced legislation last week to establish a new oversight system for the BOP.

adult220225The Federal Prison Oversight Act (no bill number yet) is sponsored by Senators Jon Ossoff (D-GA), Mike Braun (R-IN), and Richard Durbin (D-IL), in the Senate and Representatives Lucy McBath (D-GA) and Kelly Armstrong (R-ND) in the House. The same legislators sponsored the same legislation when it was introduced last fall, but the measures died at the end of the 117th Congress.

The bills are a response to press reports that exposed systemic corruption in the BOP, several sex abuse scandals involving male BOP staff and female inmates, and increased congressional scrutiny. Ossoff, Braun and Durbin are founding members of the Senate Bipartisan Prison Policy Working Group.

“It’s no secret that BOP has been plagued by misconduct,” Durbin said. “One investigation after another has revealed a culture of abuse, mismanagement, corruption, torture, and death that reaches to the highest levels. And yet it still operates without any meaningful independent oversight.”

investigate170724FOPA would require DOJ to create a prisons ombudsman to field complaints about prison conditions and compel the Department’s Inspector General to evaluate risks and abuses at all 122 BOP facilities. Under the bill, the DOJ Inspector General would conduct risk-based inspections of all federal prison facilities, provide recommendations to address deficiencies and assign each facility a risk score. Higher-risk facilities would then receive more frequent inspections.

The IG would report findings and recommendations to Congress and the public, and the BOP would be required to respond with a corrective action plan within 60 days.

Press Release, Sens. Ossoff, Braun, Durbin Introduce Bipartisan Legislation to Overhaul Federal Prison Oversight (April 26, 2023)

The Appeal, Congress Seeks to Create New Independent Federal Prison Oversight Body (April 26, 2023)

ABC News, After investigating abuse in prison system, senators propose new oversight law (April 26, 2023)

– Thomas L. Root

“Code Blue” At BOP, GAO Says – Update for April 28, 2023

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

GAO PUTS BOP ON CRITICAL LIST

The Government Accountability Office last week added the BOP to its “high risk” list of “government operations with vulnerabilities to fraud, waste, abuse, and mismanagement, or in need of transformation.”

criticalcondition230428Federal prisons were the only program added to the 2023 list, which is updated every two years. The GAO has seen “good progress in certain areas due to congressional and executive branch actions, but there are still serious, very consequential problems that need to be addressed,” GAO head Gene Dodaro recently told the Senate Homeland Security and Governmental Affairs Committee. “We’re adding management of the Bureau of Prisons, there’s been problems with staffing, which has led to some concerns about inmate and staff safety and also their efforts to evaluate programs that are intended to help deal with the recidivism issue.”

GAO first identified BOP management as an “emerging high-risk issue” in March 2021. Since then, GAO reports, the BOP has addressed 22 GAO recommendations, leaving 28 recommendations still on the table. What’s more, Charles Johnson, managing director of GAO’s homeland security and justice team, told Congress the BOP’s staffing level remains down 15%.

Speaking of management failings, the Associated Press reported last week that an inmate whose death sentence was commuted in 2019 remains housed on death row at USP Terre Haute.

deathrow230428Four years later, AP reported, the BOP has not moved him to a less restrictive unit. Asked about the prisoner’s continued placement on death row, a Dept of Justice official told AP that “the Bureau of Prisons is considering [the inmate’s] designation determination.”  At least the BOP is taking the time to carefully consider whether someone without a death sentence should be housed somewhere other than death row.

AP said that the case “illustrates chronic bureaucracy in the prisons system and the difficulties in getting anyone off death row.”

“How can I not get this guy off death row?” federal defender Monica Foster said in a recent interview. “Well, I did get him off death row. But why can’t I physically get him off death row?”

Meanwhile, after a recent disturbance at FCI Miami, a BOP low-security facility, Miami TV station WTVJ reported, “multiple sources from inside the facility [said] that more than 100 weapons were found…” A prison security expert told the station, “Discovering a hundred weapons in a search following something like this would signal the administration. It would signal me, if I were the administrator, to look into my search processes.”

The station said that a 2019 Occupational Safety and Health Administration report likewise recommended that the BOP “increase number of searches for weapons, cellphones and contraband.”

cellphones230428Last week, the BOP fired a shot across the bow at illegal cellphones, as ubiquitous in prisons as spring flowers in the garden. The U.S. Attorney for the Eastern District of North Carolina said that six inmates housed at three different facilities at the FCC Butner complex have been criminally charged with possession of contraband cell phones.

If convicted, each inmate faces up to an extra year of prison for possessing a cellphone and disqualification for First Step Act credits and the 365 days sentence credit for eligible programming participation.

U.S. Attorney Michael Easley said, “By indicting these six inmates at FCC Butner, we hope to send a clear message to the inmate population that the possession of cellphones will never be tolerated at FCC Butner.”

Govt Executive, Management of the Federal Prisons System Is Added to GAO’s High-Risk List (April 20, 2023)

GAO, Efforts Made to Achieve Progress Need to Be Maintained and Expanded to Fully Address All Areas (April 20, 2023)

AP, Inmate stuck on US death row despite vacated death sentence (April 16, 2023)

WTVJ, Video Shows Disturbance That Led to Lockdown at Federal Correctional Institution in Miami (April 21, 2023)

DOJ, Six Federal Inmates Indicted for Contraband Cell Phones (April 20, 2023)

– Thomas L. Root

Prisoners Not Alone in Hating BOP – Update for April 20, 2023

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

TAKE THIS JOB AND SHOVE IT

Last year, the Partnership for Public Service ranked the Federal Bureau of Prisons as 431st out of 432 federal agency subcomponents in its 2021 Best Places to Work in the Federal Government Rankings survey.

BOPBestplace230420This year, things got worse. In the Partnership’s 17th annual rankings, the BOP ranked dead last out of the 432 agency subcomponents for calendar year 2022.

The 2022 rankings include 506 federal agencies and agency subcomponents. Rating categories are broken into 17 large agencies, 27 midsize agencies, 30 small agencies and 432 subcomponents.

The BOP’s rankings fell in subcategories for effective leadership, teamwork, pay, recognition, and performance both of agency and work unit.

Federal Times, Social Security Administration ranks as worst federal workplace (April 12, 2023)

Partnership for Public Service, 2022 Best Places to Work in the Federal Rankings (April 11, 2023)

– Thomas L. Root

DOJ Kicks Post-CARES Act Can Down the Road (A Little) – Update for April 7, 2023

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

BOP FOX SHOULD GUARD HOME CONFINEMENT HENHOUSE, DOJ SAYS

fox230131Remember when the Trump Administration made that minute-to-midnight announcement that the end of CARES Act home confinement would mean that all those prisoners placed at home would have to return to prison?

Thankfully, the flawed Dept of Justice Office of Legal Counsel opinion was later withdrawn by the Biden Administration. But when a new OLC opinion supplanted the old, the reversal wasn’t total. Rather, DOJ said that some might return, but that would be governed by rules yet to be promulgated.

(Explainer: Under the March 2020 CARES Act, Congress gave the Director of the Federal Bureau of Prisons the authority to send inmates to home confinement at any time, despite the 6-month/10% limitation on home confinement set by 18 USC § 3624(c). The conditions set by the legislation were only two: (1) the national emergency declared because of COVID-19 had to be in effect, and (2) the Attorney General had to determine that COVID-19 was materially affecting BOP operations.)

As an old Administrative Procedure Act hand, I was relieved. “Rules” suggested regulations written after a classic 5 USC § 553 notice-and-comment formal rulemaking. Everyone could argue the merits and demerits of whatever standards were proposed, and the Bureau of Prisons would subsequently be compelled under the Accardi doctrine to follow the rules (something the BOP too often ignores where its own informal rules, policies and program statements are involved).

Last Tuesday, the rulemaking announced last June ended with a detailed report and a new subpart to the BOP’s delegation rule, 28 CFR §0.96.  The new rule, which will affect slightly more than 3,400 people (because the agency is still sending people to CARES Act home confinement for another month), adds a subpart (u), which, alas, contains no substantive limitation on the BOP’s discretion. That, we are promised, is to come.

can230407The can just got kicked down the road.

DOJ says the final rule, reduced to its essence, provides that “the [DOJ] and the [BOP] will work together to develop guidance to explain objective criteria the Bureau will use to make individualized determinations as to whether any inmate placed in home confinement under the CARES Act should be returned to secure custody. Providing the Bureau with discretion to determine whether any inmate placed in home confinement under the CARES Act should return to secure custody will bolster the Bureau’s ability to efficiently manage its resources and nimbly address changing circumstances in the community, in relation to the needs and profiles of individual inmates.”

The BOP? Nimble? If that’s the case, Joe Biden can compete against Simone Biles.

nimble230407Still, DOJ’s report acknowledges that “under typical circumstances, inmates who have made the transition to home confinement would not be returned to a secure facility absent a disciplinary reason. This is because the typical purpose of home confinement is to allow inmates to readjust to life in the community. Removal from the community of those already making progress in home confinement would frustrate this goal, and the widespread return of prisoners to secure custody without a disciplinary reason would be unprecedented and out of step with the reentry-specific goals of home confinement, as mentioned throughout this final rule.”

(My emphasis, not the report’s).

Reuters interpreted the report as directing that “[t]he BOP will still be able to impose ‘proportional and escalating sanctions,’ including a return to prison, on inmates who commit infractions.”  But the report does not exactly say that, and the contents of the report itself do not limit the BOP’s management of CARES Act home confinees at all.  Any such limitations are coming – if at all – in subsequent policy memos and program statements.

Two sets of fun facts are contained in the DOJ report adopting the rule. First, as Ohio State University law professor Doug Berman noted in his Sentencing Law and Policy blog, between March 26, 2020, and January 23, 2023, the BOP placed 52,561 inmates in home confinement. As of January 23, there were 5,597 inmates in home confinement, and 3,434 of those were CARES Act people.

The second has to do with money. Contrary to the oft-repeated inmate trope that the BOP makes money by keeping inmates locked up (something that only be believed if you simultaneously pay your Flat Earth Society dues), keeping people in prison is expensive. The DOJ noted:

Moneyspigot200220Supervision of inmates in home confinement is also significantly less costly for the Bureau than housing inmates in secure custody. In Fiscal Year (“FY”) 2019, the cost of incarceration fee (“COIF”) for a Federal inmate in a Federal facility was $107.85 per day; in FY 2020, it was $120.59 per day. In contrast, according to the Bureau, an inmate in home confinement costs an average of $55.26 per day—less than half the cost of an inmate in secure custody in FY 2020.

Only the government could manage to spend $55.00 a day to keep someone in their own house eating their own food and paying their own bills. Anyone wonder how we have a national debt of over $31 trillion?

Office of the Attorney General, Department of Justice,
Home Confinement Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act (88 FR 19830, April 4, 2023)

Sentencing Law and Policy, Justice Department formally gives BOP discretion to decide who moved to home confinement during pandemic will be returned to federal prison (April 4, 2023)

Reuters, US rule to allow some inmates to stay home after COVID emergency lifts (April 4, 2023)

– Thomas L. Root

DOJ Confirms: BOP COVID Numbers Were Wacky – Update for March 29, 2023

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

IG REPORT ON BOP COVID RESPONSE FINDS NUMBERS WERE JUST AS FUNNY AS EVERYONE SAID THEY WERE

numbers180327The Dept of Justice Office of Inspector General released a report last week on the BOP’s COVID response, containing little of any surprise to those who lived through it (especially when it came to the Bureau’s incomplete and misleading daily COVID data).

A common complaint by the media (including this blog) during the pandemic related to the BOP’s manipulation of COVID numbers to make the pandemic look less pervasive in the prison system. The BOP reported on the total number of inmates who had tested positive for COVID at a given institution and system-wide, but sometimes the number actually fell from day to day. It turned out the BOP would deduct from the total inmates who had been released, as though their COVID cases never counted because they had never been there.

Complaints at the time that the BOP was cooking the books fell on deaf ears. But now, the IG has placed its seal of disapproval on the BOP’s voodoo medical accounting:

[BOP COVID] active case counts do not include inmates or staff who recovered or died, and the recovered case counts do not include inmates or staff who die, inmates who have subsequently been released from BOP custody, or staff who have left BOP employment. These omissions mean that the BOP’s publicly posted data does not represent the full extent of cumulative COVID-19 cases among inmates and staff over the course of the pandemic. Further, the BOP website does not mention that the staff and inmate recovery data presented excludes inmates who left BOP custody or staff who left BOP employment, which could lead stakeholders to draw incorrect conclusions about the BOP’s data.

crazynumbers200519The IG noted that “similar issues exist with the BOP’s publicly posted data on testing, which also includes only inmates currently in BOP custody” and which omitted many local tests. BOP vaccination data was also flawed: “BOP does not publish data that allows stakeholders to see the proportion of vaccinated individuals at any of the facilities, as the published data displays only the cumulative number of BOP-administered vaccinations completed at each facility.”

In fact, this blog noted that the BOP’s misleading cumulative numbers had some facilities showing that well more than 100% of the inmate population had been vaccinated. The IG dryly observed that such reporting “could lead stakeholders to draw incorrect conclusions.”

No kidding.

The Inspector General also criticized the BOP’s opaque communications on CARES Act home confinement. The Report “observed that the BOP’s communication with the public regarding home confinement only restated the criteria in the Attorney General’s memoranda without clarifying them in plainer language or describing how the BOP was interpreting or implementing the criteria. For example, while the BOP provided a Frequently Asked Questions section on home confinement on its public website during the pandemic, the section did not mention the additional time-served criteria the BOP was using to determine eligibility for home confinement. Clearly stating to the public how and why the BOP was implementing and prioritizing its expanded home confinement authorities could have helped the BOP be more transparent with inmates and other stakeholders at a time of high stress and uncertainty.”

DOJ Inspector General, Capstone Review of the Federal Bureau of Prisons’ Response to the Coronavirus Disease 2019 Pandemic (March 20, 2023)

Govt Executive, Here’s How the Prisons Agency Fared During the Pandemic (March 21, 2023)

– Thomas L. Root

Friday Couldn’t Come Soon Enough – Update for February 24, 2023

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

TOUGH WEEK FOR THE BOP

Bad news came in threes for the Federal Bureau of Prisons last week.

badweekA230224First, the BOP announced it is closing the USP Thomson Special Management Unit – described by The Marshall Project as sort of a “double solitary” detention unit for violent inmates – after adverse reports have circulated for months about inmate deaths, suicides and reported sexual harassment by staff and against staff..

The 350 SMU prisoners will be transferred to other prisons. They had come to the Thomson SMU (USP Thomson sits on the Illinois side of the Mississippi River about 125 miles due west of Chicago) after committing disciplinary infractions in facilities around the country, the New York Times reported.

Bureau officials “recently identified significant concerns with respect to institutional culture and compliance with BOP policies” at the high-security facility, which houses about 800 inmates, Randilee Giamusso, a bureau spokeswoman, wrote in an email.

“We believe these issues are having a detrimental impact on facility operations, and the BOP has determined that there is a need for immediate corrective measures,” she added.

badweekB230224Second, on February 14, the U.S. Court of Appeals for the Federal Circuit ruled that BOP employees cannot sue over the government’s denial of hazard pay benefits in connection with their work during the COVID-19 pandemic.

The en banc decision held that under existing Office of Personnel Management regulations governing hazard pay, only federal workers enlisted to work in a laboratory setting with “virulent biologicals” are entitled to enhanced pay for dangerous work not included in their job description.

FCI Danbury workers sued in 2020, claiming they were entitled to hazard pay because they worked in close proximity to inmates infected with COVID-19 and were not provided sufficient personal protective equipment.

badweekC230224Third, the Reason Foundation, which skewered the BOP for reported medical neglect at FCI Aliceville, sued the Bureau under the Freedom of Information Act last week for records about whether women who died at Aliceville and FMC Carswell received adequate medical care.

Reason Foundation, a nonprofit that publishes Reason magazine, is seeking medical reviews of in-custody deaths in two federal women’s

Reason filed a FOIA request with the BOP in May 2020 for inmate mortality reviews at Aliceville and Carswell.

New York Times, Bureau of Prisons Is Closing Troubled, Violent Detention Unit in Illinois (February 14, 2023)

Government Executive, Federal Prisons Employees Aren’t Entitled to COVID Hazard Pay, Appeals Judges Rule (February 16, 2023)

Reason, Reason Files FOIA Lawsuit Against Bureau of Prisons for Inmate Death Records (February 17, 2023)

– Thomas L. Root

Where Underperformance is ‘Success’ – Update for February 16, 2023

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

BIDEN TOUTS ‘SUCCESSES’ BEFORE SOTU, BUT FAILS TO DELIVER IN SPEECH

success230216The White House touted its policies and accomplishments — including marijuana pardons, drug sentencing reform, harm reduction and enhanced enforcement for fentanyl — ahead of last week’s State of the Union speech, but then proceeded to say nothing in the speech itself about drug policy reform.

The White House promised in a factsheet that the president would “highlight progress” on criminal justice issues during the speech and included a section that directly discussed tackling the “failed approach to marijuana and crack cocaine.” But nothing was said during SOTU about it.

And little wonder. The Biden Administration’s record is one of ‘overpromise, underperform.’ Case in point? For all of the White House hand-wringing about the adverse effect on minorities of the statutory sentencing penalty for crack cocaine being much greater than powder cocaine, the EQUAL Act collapsed due to Senate wrangling at the end of the last Congress.

ineffectiveleaders230216Marijuana reform? Is that what one calls grant pardons to people who aren’t in prison and have convictions for simple pot possession? Or is that one calls the MORE Act, which breezed past the House last session but died in the Senate because Biden couldn’t corral members of his own party who wanted to tinker with it?

President Biden – an old hand at Senate procedure himself – could not get two bills passed the Senate when both had overwhelming support.

successline230216Is this what success looks like?

The Fact Sheet says “the Safer America Plan calls on Congress to end once and for all the racially discriminatory sentencing disparity between crack cocaine and powder cocaine offenses — as President Biden first advocated in 2007 — and make that change fully retroactive. This step would provide immediate sentencing relief to the 10,000 individuals, more than 90 percent of whom are Black, currently serving time in federal prison pursuant to the crack/powder disparity. As an initial step, the Attorney General has issued guidance to federal prosecutors on steps they should take to promote the equivalent treatment of crack and powder cocaine offenses, but Congress still needs to act….”

And Biden needs to lead, not just posture.

leaders230216Biden’s pardon proclamation, which affected several thousand people who’ve committed federal cannabis possession offenses but not a single one in prison, “lifts barriers to housing, employment, and educational opportunities,” the Fact Sheet boasted.

A White House official said Thursday that Biden promises that “every jail and prison across the nation can provide treatment for substance use disorder.” By this summer, he said, the BOP will ensure that each of its 122 facilities are equipped and trained to provide in-house medication-assisted treatment.”

White House, FACT SHEET: The Biden-⁠Harris Administration’s Work to Make Our Communities Safer and Advance Effective, Accountable Policing (February 6, 2023)

Marijuana Moment, White House Touts Biden’s Marijuana Pardons In Preview of State of The Union Speech (February 7, 2023)

WHIO-TV, Biden wants to make opioid antidote as widely available as ventilators, drug official says (February 9, 2023)

– Thomas L. Root