Tag Archives: sentencing reform

Pardon me, Mr. President: Enthusiasm Waxes After Johnson Commutation – Update for June 11, 2018

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

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TRUMP SAYS HE’S CONSIDERING CLEMENCY FROM LIST OF 3,000 PEOPLE

pardon160321In the wake of widespread approval for President Trump’s commutation last Thursday of federal inmate Alice Johnson’s drug conspiracy life sentence, the President said that he was considering other pardons drawn from a list of 3,000 names.

The president was praised for granting clemency to the 63-year old grandmother, who had already served 21 years. Her case was championed by reality TV celebrity Kim Kardashian West, who met with Mr. Trump a week ago to urge grant of commutation to the Memphis woman.

Trump did not say whether he was only considering pardons or was looking at commutations as well, but he seems to be willing to use his clemency power to either pardon outright or just to commute sentences. Without explaining the origin of the list of 3,000, the President said, “Many of those names really have been treated unfairly.”

Trump also asked NFL players to suggest people worthy of clemency, an apparent attempt to end his battle with the NFL over players kneeling during the National Anthem to protest social injustice. “If the players, if the athletes have friends of theirs or people they know about that have been unfairly treated by the system, let me know,” Trump said.

clemencyjack161229There is some irony in Trump reviewing the cases of 3,000 federal inmates incarcerated for drug offenses, given his criticism of President Obama for doing the same thing, and Trump’s permitting Attorney General Jefferson Beauregard Sessions III to rescind Obama-era charging policies for nonviolent drug offenders.

The DOJ pardon office has a reputation for slow decision-making. Only 26% of the backlog of 11,200 pardon and commutation cases were filed since Trump became president. Trump has thus far denied 180 pardon and sentence-reduction applications, but that was before Trump realized that exercising his clemency power without DOJ input could be such fun.

FAMM president Kevin Ring and Ohio State University law professor Doug Berman expressed concern last week that there may be “enormous excitement among inmates,” given Trump’s clemency record to date.  Berman pointed out that Trump has only commuted two sentences so far, “and I have no reason to believe he has plans to start issuing dozens (let along hundreds) of additional commutations anytime soon.  Political realities have seemed to be influencing all of Prez Trump’s clemency work to date, and precious few federal prisoner have political forces in their favor.” While Berman hopes Trump will pleasantly surprise people, he says, “hopes ought to be tempered for now.”

trumpbird180611One commentator suggested that perhaps Trump can be talked into backing the Sentencing Reform and Corrections Act, (S.1917), which includes a retroactive rollback of some mandatory-minimum sentences, if he realizes how much it will annoy Sessions, whom he reportedly has wanted to fire. Sessions, of course, is the loudest and most vitriolic opponent of the SRCA. Just last Thursday, Trump announced his support for a Senate bill that would limit Sessions’ DOJ from bringing marijuana enforcement actions in states where it is legal, an announcement Buzzfeed described as a real “F— You” to Sessions

The New York Times, Trump Says He’s Considering a Pardon for Muhammad Ali (June 8, 2018)

The Hill, Trump says he is considering pardon for Muhammad Ali (June 8, 2018)

Business Insider, Trump’s commutation of a 63-year-old grandmother’s sentence is an example of where his disregard for institutions pays off (June 7, 2018)

The New York Times, Pardon System Needs Fixing, Advocates Say, but They Cringe at Trump’s Approach (June 1, 2018) 

– Thomas L. Root

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Through a Glass Darkly – FIRST STEP Act’s Chances in the Senate – Update for May 29, 2018

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

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FUTURE OF THE FIRST STEP ACT IS FAR FROM CLEAR

breeze180530Supporters of a federal criminal justice system overhaul seemed well on their way to victory after the FIRST STEP Act breezed through the House last week on an impressive bipartisan vote. The Act, H.R. 5682, has strong administration backing, including the fingerprints of Jared Kushner, the presidential adviser and son-in-law. It has some important Senate supporters. But a lot of informed people are still predicting that neither the FIRST STEP Act nor any other criminal justice reform bill will pass the Senate this year.

First, senior Senate authors of the long-stalled Sentencing Reform and Corrections Act, S.1917 – including Senate Judiciary chairman Charles Grassley (R-Iowa), are steadfastly opposed to FIRST STEP. They consider it an insufficient half-measure for its focus on prison programs without changes in federal sentencing laws. Plus, Grassley is still smarting from his inability to pass SRCA last year, and he says he’s not going down without a fight.

Second, Senate Majority Leader Mitch McConnell (R-Kentucky) is highly unlikely to try to move the bill through the Senate as long as Grassley is opposed to it, according to Republican senators and aides. They say McConnell, who is not that keen on criminal justice legislation in general, is definitely uninterested in circumventing his Judiciary Committee chairman and provoking an intra-party fight that would eat up weeks of floor time. A Republican senator said flatly of McConnell’s view of the bill right now: “It’s not on the priority list.” If McConnell decides not to bring the bill to a vote, no one can force him to do so.

sessions180322Third, impressive groups of opponents to FIRST STEP are lining up on both sides of the aisle. Attorney General Jefferson Beauregard Sessions III Sessions, a former senator himself, opposes SRCA and is lukewarm about FIRST STEP. And even the narrower FIRST STEP bill will probably face opposition on the right from Sessions’ allies, like Senator Tom Cotton (R-Arkansas), who once memorably said America has an “under-incarceration problem” and is reportedly stirring up opposition to FIRST STEP among law enforcement groups.

At the same time, FIRST STEP is opposed by some civil-rights groups, former Attorney General Eric Holder, and a coalition of leading Senate Democrats, including Richard Durbin (D-Illinois), Cory Booker (D-New Jersey), and Kamala Harris (D-California). In a letter last week, the senators said FIRST STEP would be “a step backwards” and that prison reform would fail if Congress did not simultaneously overhaul the nation’s sentencing laws. Also signing the letter were Representatives Sheila Jackson Lee (D-Texas) and John Lewis D-Georgia).

donotwaste180530Last Wednesday, a group of senators asked McConnell for a last-ditch negotiation session to seek an acceptable compromise. SRCA backers fear this may be the only chance for years to come to pass major criminal justice reform. “You don’t get many opportunities around here to do anything meaningful or substantive,” said Durbin, a chief author of the sentencing provisions. “Let’s not waste this one. Let’s get this right.”

Although Trump supports FIRST STEP, it’s unclear how he would react if Congress sent him a bill that included SRCA-style sentencing reforms. A prison reform-only bill gives Trump what he wants: To look tough to his base by not budging on sentences while also showing evangelicals he believes in “second chances.” Adding sentence reform might be too much for him.

New York Times, Why some senators who want a criminal justice overhaul oppose a prisons bill (May 26, 2018)

New York magazine, Can Kushner’s Patchy Prison-Reform Bill Survive the Senate? (May 23, 2018)

The Marshall Report, Is The “First Step Act” Real Reform? (May 22, 2018)

Politico, Trump-backed prisons bill DOA in the Senate (May 21, 2018)

Senate Judiciary Committee release, For criminal justice bill to pass the Senate, it must include sentencing reform (May 22, 2018)

 The Atlantic, Democrats Split Over Trump’s Prison Pitch (May 23, 2018)

– Thomas L. Root

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Maybe Prison Reform Won’t Be Such a Bad Thing – Update for March 27, 2018

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

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GREATEST GOOD FOR THE GREATEST NUMBER?

Federal inmates understandably focus most on changes in the law that would retroactively reduce their sentences. For that reason, a lot of people are not happy that President Donald Trump has turned the debate from sentencing reform to prison reform, which is changing reentry and rehabilitation programs.

A U.S. Sentencing Commission letter to the Congressional Budget Office – which is responsible for assessing the impact of proposed bills – was posted last week on the USSC website. The letter addresses the impact of S. 1917, the Sentencing Reform and Corrections Act of 2017, on current sentences and the size of the BOP inmate population.

numbers180327Surprisingly, the USSC analysis finds the prison reform provisions of SRCA could impact ten times as many federal prisoners as would the sentencing reform provisions. The analysis finds that about 7,000 inmates could benefit from the retroactive sentencing provisions of Title I of the SRCA, but over 75,000 federal prisoners could be eligible for the corrections credits – increased earned good time for completion of education programs – offered by Title II of the bill.

In his Sentencing Law and Policy blog last week, Ohio State University law professor Doug Berman said, “I sincerely hope… criminal justice reform advocates will appreciate that a huge number of… federal prisoners could and would benefit from enacting just the corrections piece of the SRCA. Given widespread support for reform provisions that could have widespread impact, I hope we see some movement on the corrections front soon.  But, sadly, given an array of problematic personalities and politics, I am not optimistic.”

Letter to Congressional Budget Office from U.S. Sentencing Commission (March 19, 2018)

Sentencing Law and Policy, Interesting new US Sentencing Commission analysis of possible impact of Sentencing Reform and Corrections Act of 2017 (Mar. 22, 2018)

– Thomas L. Root

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Sentencing Reform, We Hardly Knew Ye – Update for March 21, 2018

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

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COALITION TO PASS SENTENCING REFORM IS FALLING APART

The bipartisan sentencing reform movement is breaking apart in the face of President Trump’s prison reform proposals, which focus on prisoners re-entering society instead of reducing mandatory minimums. The division between prison reform and sentencing reform advocates, especially in the Senate, could threaten the momentum behind either proposal.

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President Trump counts the number of high officials he has fired or who have left his Administration… could the Attorney General be next?

Trump and Attorney General Jefferson Beauregard Sessions III have no interest in anything more than prison reform right now. And Jared Kushner, the White House’s sentencing reform advocate, has reportedly decided prison reform is the only way forward. Senate Majority Whip John Cornyn (R-Texas) won’t support Sen. Charles Grassley (R-Iowa) on the Sentencing Reform & Corrections Act – which Grassley’s Judiciary Committee passed last month 15-5 — despite his prior support. Cornyn is pushing instead for his bill, the CORRECTIONS Act with Sen. Sheldon Whitehouse (D-Rhode Island) that calls only for prison reforms aimed at aiding re-entry and reducing recidivism. An aide to a Judiciary Committee member told Axios last week that “McConnell isn’t going to put sentencing reform on the floor, particularly now that the administration opposes it. So the options are the Whitehouse-Cornyn bill, or nothing.” 

reform160201On the House side, Rep. Doug Collins (R-Georgia), whose Redemption Act mirrors the Cornyn-Whitehouse bill and has the most momentum in the House, told Axios he supports some kind of broader, more comprehensive criminal justice reforms, but right now, “prison reform can get the votes in Congress… but sentencing reform can’t.” Reps. Bobby Scott (D-Virginia) and Jason Lewis (R-Minnesota, who are cosponsoring a bipartisan House sentencing reform bill, are still optimistic about the chances for sentencing reform. The odds of getting any bill through the House Judiciary Committee, whose chairman Bob Goodlatte (R-Virginia) is so notoriously slow at moving legislation that the Committee has become known as the place bills go to die, are considered slim. “This guy just refuses to move legislation,” said a senior Republican lawmaker. “I can’t think of a single thing he’s actually accomplished,” added a top GOP Republican aide.

Progressive groups and senators like Grassley, Dick Durban (D-Illinois), Lindsey Graham (R-South Carolina) continue to push for sentencing reform.

sessions180322There’s some good news coming out of the Washington rumor mill. After Secretary of State Rex Tillerson was fired and Trump economic advisor Gary Cohn quit last week, several publications reported that the President had Sessions on his short list of people to be fired. Vanity Fair said that according to two Republicans in regular contact with the White House, there have been talks that Trump could replace Sessions with EPA Administrator Scott Pruitt, former Oklahoma attorney general, who would not be recused from overseeing the Russia probe. Such a replacement could soften Trump Administration opposition to SRCA, inasmuch as Pruitt is not reputed to be as hidebound as Sessions.

Axios, The criminal justice reform coalition is breaking up (Mar. 15, 2018)

Politico, The Place Bills Go to Die (Mar. 15, 2018)

Just Security, How Trump Might Replace Sessions with Pruitt as Attorney General (Mar. 15, 2018)

Vanity Fair, “Trump wants them out of there”: After swinging the axe at Tillerson, Trump mulls what to do with McMaster, Sessions, Jared, and Ivanka (Mar. 14, 2018)

– Thomas L. Root

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Washington Sentencing Reform Soap Opera Grinds On – Update for March 12, 2018

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

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THRILLS, CHILLS, AS SENTENCING REFORM GETS KICKED AROUND WASHINGTON

It’s kind of like a made-for-TV thriller, with all sorts of disconnected story lines swirling around the central theme of sentencing reform.

soap180312Starting with the good news/bad news on pardons: President Trump issued the third grant of clemency (and second pardon) of his presidency last Friday to former Navy sailor Kristian Saucier, who learned the news while driving a garbage truck, the only job he could find with a felony conviction. Saucier, who was sentenced to a year in prison in 2016 for taking pictures inside a nuclear submarine, was repeatedly cited by Trump during his presidential campaign as being “ruined” for doing “nothing,” while Hillary Clinton mishandled classified information and used a personal email account while serving as secretary of state, only to receive a “pass” from the FBI.

The bad news is that Trump so far has only granted clemency to people whose stories have contributed to his political narrative (Sheriff Joe Arpaio) or who had powerful political and financial friends (Sholom Rabashkin). There is no indication he cares to do anything about inmates not falling into either category.

Hopes that Trump may support sentencing reform were rekindled slightly this past week as the White House launched the Federal Interagency Council on Crime Prevention and Improving Reentry, intended to reduce crime while looking for ways to “provide those who have engaged in criminal activity with greater opportunities to lead productive lives.”

sessions180215Trump’s executive order calls for “mental health, vocational training, job creation, after-school programming, substance abuse, and mentoring,” for inmates. “Incarceration is necessary to improve public safety,” the Administration said, “but its effectiveness can be enhanced through evidence-based rehabilitation programs.” The council will be co-chaired by Jared Kushner (who strongly supports sentencing reform) and Attorney General Jefferson Beauregard Sessions III (who is strongly opposed to sentencing reform). Government study groups like this are usually good for burying the problem for an extended period of time, although Trump has called for the council to produce a list of proposals within 90 days.

At the same time, the Washington Post has reported that the Administration is studying a new policy that could allow prosecutors to seek the death penalty for drug dealers. President Trump last week suggested executing drug dealers as a effective way to make a dent in opioid addiction. Sources inside the White House say a final announcement could come within weeks. 

Sen. Charles Grassley (R-Iowa), the man with his hand on the Judiciary Committee throttle.
Sen. Charles Grassley (R-Iowa), the man with his hand on the Judiciary Committee throttle.

The Cedar Rapids, Iowa, Gazette, last week reported on the feud festering between the Chairman of the Senate Judiciary Committee, Sen. Charles Grassley (R-Iowa), and Sessions. Grassley’s desire to see his legislative baby, the Sentencing Reform and Corrections Act of 2017, passed – and his fury at Sessions’ outspoken opposition to the bill – is spreading now to Grassley head-butting fellow Republicans who say they won’t support the bipartisan proposal to reform sentencing laws. The Gazette reports that Grassley may even side with Senate Democrats to block other legislation until his bill gets a fair shot. The SRCA drew bipartisan support last month, being voted out of the Senate Judiciary Committee by a 16-5 vote without any changes.

Ohio State University law professor Doug Berman suggested in his Sentencing Law and Policy blog last week that Grassley should add the White House death penalty proposals to SRCA “as part of an effort to get the White House and AG Sessions to support that bill. Even if drafted broadly, any federal ‘death penalty for drug dealers’ law would likely only impact a few dozen cases per year, whereas the SRCA will impact tens of thousands of cases every year. And the SRCA could help tens of thousands of least serious drug offenders while any death penalty bill would impact only the most serious drug offenders.”

sessions180312Meanwhile, in the juicy rumor department, Fox Business host Lou Dobbs called on Attorney General Jeff Sessions to resign a week ago after President Trump and a number of Republicans criticized the AG. “Sessions has fallen ill, he’s incapacitated in some fashion, or he’s been coopted or captured: to preserve any dignity, for the good of the country he needs to resign,” Dobbs tweeted. Meanwhile, former Sen. Richard Shelby (R-Alabama), who for years served in the Senate alongside Sessions, says that if he were in the AG’s position, he would stop taking abuse from Trump. “I wouldn’t stay at all unless the president wanted me to stay, if he appointed me,” Shelby said. “I wouldn’t be anybody’s whipping boy. I wouldn’t be belittled because the president’s saying he doesn’t have any confidence in you.”

Washington Examiner, Trump pardons Kristian Saucier, former sailor jailed for submarine pictures (Mar. 9, 2018)

Axios, Trump launches council for prison reform and crime prevention (Mar. 7, 2018)

Washington Post, Trump administration studies seeking the death penalty for drug dealers (Mar. 9, 2018)

Sentencing Law and Policy: Trump Administration reportedly looking (seriously?) at the death penalty for serious drug dealers (Mar. 10, 2018)

The Cedar Rapids Gazette, Grassley the maverick re-emerges in feud with Sessions (Mar. 6, 2018)

The Hill, Fox Business host claims ‘Sessions has fallen ill,’ calls for him to resign (Mar. 3, 2018)

The Hill, Alabama senator: If I were Sessions, I’d quit and stop being Trump’s ‘whipping boy’ (Mar. 1, 2018)

– Thomas L. Root

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President Lets Steam Out of Sentencing Reform Engine – Update for March 5, 2018

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

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TRUMP TRAIN WRECKS SENTENCING REFORM


President Trump last Tuesday urged Congress to move ahead with legislation to help prisoners prepare for life after release, but did not call for sentencing reforms such as changing mandatory minimum sentences for drug and gun crimes.

trainwreck180305The White House said it sees no path forward for legislation to reduce mandatory minimum prison sentences, instead throwing its support behind measures aimed at reducing recidivism rates. “The conclusion we reached was that, at this time, it’s appropriate for us to go forward with prison reform,” a senior administration official said.

The Hill reported that Trump’s “position represents a major setback for Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa), who has been working to move his criminal justice reform bill through Congress after it stalled last session.” US News said the problem is a divide between hard-liners and moderates, one that leaves “President Trump stranded in the middle and, as is the case on other issues such as gun control and immigration, not firmly in either camp.”

Criminal justice groups across the political spectrum have championed prison and reentry reform, including evangelical Christian organizations and business groups. Jared Kushner, Trump’s son-in-law and a senior White House adviser, supports sentencing reform as well, but in the last week, his personal problems have multiplied, and how long he can remain in the White House is uncertain.

sessions180215Even Kushner’s support has been too little to move forward any sentence changes, because of the opposition of Attorney General Jefferson Beauregard Sessions III. President Trump is in the middle of a Twitter battle with Sessions, who Trump thinks has mishandled issues connected to the Russian meddling investigation, but seems to defer to Sessions on criminal justice reform issues.

Sen. Grassley told reporters on Wednesday the chances for his proposal, at the moment, aren’t very good. But he is not giving up. “This would be a bipartisan policy win for the Administration, and it seems like a no-brainer to me that we should get this done and the president would be backing it, Grassley said. He plans to use his substantial political clout to press Trump to change his mind. Axios noted last month that Trump bends over backwards to keep Grassley happy, because as Judiciary Chairman, Grassley played a crucial role in delivering two of Trump’s biggest successes: the confirmation of Supreme Court Justice Neil Gorsuch and a modern record number of circuit court judges approved in a president’s first year.

coldwater180305Nevertheless, Democrats and advocacy groups are not optimistic. Sen. Cory Booker (D-New Jersey), a Judiciary Committee member and Sentencing Reform and Corrections Act of 2017 supporter, said, “the landscape looks horrible to me, and we don’t see an appetite for making these kinds of changes.”

Ohio State University law professor Doug Berman said in his Sentencing Law and Policy blog last Wednesday that “for various reasons and for lots of offenders, significant prison reform could end up even more consequential than some proposed sentencing reform… Some version of the PRRA looks now to be the only significant federal criminal justice reform proposal with a realistic chance of becoming law in 2018.”

Reason.com, White House Touts Prison Reforms but Throws Cold Water on Sentencing Bill (Mar. 1, 2018)

US News, Trump Urges Prison Reform, not Sentencing Overhaul, After Pushback (Feb. 27, 2018)

The Hill, White House deals blow to Grassley’s criminal justice bill (Feb. 27, 2018)

Sentencing Law and Policy, Trump White House expresses opposition to sentencing reform part of SRCA of 2017 (Feb. 28, 2018)

– Thomas L. Root

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Bringing Sentencing Reform to a Vote – Update for February 28, 2018

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

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MITCH RAP

mcconnell180219It seems pretty clear to everyone that the biggest hurdle to passage of the Sentencing Reform and Corrections Act of 2017 is not getting enough Senate votes. There are plenty of those supprting passage. Instead, the trick will be convincing Senate Majority Leader Mitch McConnell (R-Kentucky) to schedule the bill for a vote to begin with.

The hurdles were raised a few notches yesterday, when the White House  said it sees no path forward for SRCA17’s  reduction of mandatory minimum prison sentences, instead throwing its support behind measures aimed at reducing recidivism rates.

“The conclusion we reached was that, at this time, it’s appropriate for us to go forward with prison reform,” The Hill quoted a senior administration official as saying. The White House’s position, while hardly unexpected, represents a major setback for Senate Judiciary Committee Chairman Charles Grassley (R-Iowa), who has been working to move SRCA17 – which is S.1917 – through Congress after it stalled last session.

Just last week, Salon.com reported, “There’s a real chance this bill could pass Congress with a strong bipartisan majority, but advocates for criminal justice reform fear that Senate Majority Leader Mitch McConnell, will never let it get that far. The issue causes real conflict within the Republican Party, especially in the age of Donald Trump. With the 2018 midterms just ahead, McConnell may not want to exacerbate intra-party tensions by allowing debate, still less a vote, on a bill that Attorney General Jeff Sessions has portrayed as soft on crime.

mitch180228Tufts University in Boston has set up Criminal Justice Reform Phone Bank to federal officials regarding SRCA17. The goal of the calls is to pressure Senate leadership to bring the bill to a vote on the senate floor within a prompt time. Max Hornung, a senior and co-organizer of the event, said he worried that McConnell would delay the floor vote for an extremely long time in order to kill off momentum for the bill.

A regular reader suggested that we provide McConnell’s office address, so that inmates and their families can rap with Mitch, to urge him to bring SRCA17 to a vote. McConnell’s Washington office address is 317 Russell Senate Office Building, Washington, DC 20510. Your people can call his office at (202) 224-2541, send him a fax at (202) 224-2499, or go online to send him an email at

https://www.mcconnell.senate.gov/public/index.cfm/contact

The Hill, White House deals blow to Grassley’s criminal justice bill (Feb. 27, 2018)

The Tufts Daily, Criminal Justice Reform Phone Bank targets federal, local bills (Feb. 23, 2018)

Salon, Biggest obstacles to prison reform? Donald Trump and Mitch McConnell (Feb. 21, 2018)

– Thomas L. Root

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Sentence Reform is in McConnell’s Timid Hands – Update for February 19, 2018

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SENTENCING REFORM AND CORRECTIONS ACT FACES UNCERTAIN FUTURE

The future of the Sentencing Reform and Corrections Act (S.1917), approved 16-5 by the Senate Judiciary Committee last Thursday, will depend on whether the bipartisan coalition backing it can persuade Senate Majority Leader Mitch McConnell (R- Kentucky) to allow a full Senate vote.

mcconnell180219The New York Times said last Friday those prospects appear dim. “Mr. McConnell, who controls the Senate floor, continues to see the issue as a loser for Republicans, despite a wave of similar overhauls embraced by states across the country,” the Times opined. “He has argued that the issue divides Republicans, many of whom remain averse to lessening criminal penalties of any kind, and could dampen enthusiasm at the polls.”

It will be up to Sen. Charles E. Grassley (R-Iowa), the influential chairman of the Judiciary Committee and the lead author of the bill, to change McConnell’s mind. Grassley thinks President Trump’s desire for legislative accomplishments could sway McConnell.

Majority Whip John Cornyn (R-Texas), who supported SRCA two years ago, opposed this year’s bill. Cornyn unsuccessfully urged his Judiciary Committee colleagues last week to focus on the alternate bill “that we can actually get a presidential signature [on] and pass it into law.” Four other Republicans voted against the bill as well. One conservative pundit, no fan of SRCA, said last Friday, “With committee Republicans this divided and the administration opposed to the bill, it seems certain that Majority Leader McConnell will not bring up the leniency legislation. I think it is dead this year…”

Grassley admits SRCA faces resistance McConnell, who “doesn’t want to bring it up.” During the last Congress, McConnell refused to give floor time to the criminal justice bill because of the number of Republican senators in tough reelection races. “He doesn’t have that problem now,” Grassley said. “We only have 10 Republican senators up [for reelection in November]. This bill can easily get 60 votes.”

sessions180215Attorney General Jefferson Beauregard Sessions III’s opposition to the bill may actually help its chances. may help the bill’s chances. Sessions has angered many senators with what they see as broken promises and personal attacks. Last week, as we reported, he infuriated Grassley, a long-time friend, with a letter opposing SRCA that Grassley found insulting. The Wall Street Journal reported, “Some experts said these fights could cost Mr. Sessions allies in the Senate at a time when he has few friends in the administration.” Being able to stick the Senatorial thumb in Sessions’ eye may spur McConnell to call the bill for a vote.

NY Times, Senate’s Renewed Push for Sentencing Overhaul Hits a Familiar Roadblock (Feb. 15, 2018)

Politico, Criminal justice overhaul advances amid Grassley-Sessions spat (Feb. 15, 2018)

Wall Street Journal, Attorney General Jeff Sessions Is Battling His Own GOP on Multiple Fronts (Feb. 15, 2018)

– Thomas L. Root

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AG Sessions is a Chess-Playing Pigeon – Update for February 15, 2018

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THE JUDICIARY COMMITTEE REPORTED S.1917 TO THE FULL SENATE BY VOTE TODAY, FEB. 15TH, AT 12:04 PM. THE VOTES WERE 16 FOR, 5 AGAINST.

SENATE JUDICIARY COMMITTEE PONDERS HOW TO GET SENTENCING REFORM AND CORRECTIONS ACT PAST THE SENATE LEADERSHIP; VOTES TODAY

The Senate Judiciary Committee’s consideration of the Sentencing Reform and Corrections Act (S.1917), a bill which injects some sanity into both sentencing and rehabilitation policies, comes to a head with a mark-up and vote today. And unsurprisingly, the Attorney General – who never met an inmate he didn’t think should be serving multiple life sentences – weighed in on the widely-supported measure yesterday.

argueidiot180215In a letter to the Committee, Attorney General Jefferson Beauregard Sessions III warned that S.1917 “would reduce sentences for a highly dangerous cohorts of criminals, including repeat dangerous drug traffickers and those who use firearms and would apply retroactively to many dangerous felons, regardless of citizenship or immigration status,” Sessions wrote.

Of course, the bill would only entitle persons convicted and sentenced in ways unintended by Congress when it wrote 18 USC 924(c) and some other recidivist statutes to ask their sentencing judges for a reduction under 18 USC 3582(c)(2). The judge is entitled under that statute to grant the request in full, deny it in full or grant it only in part. But the AG hardly trusts federal judges – the people who impose sentences to begin with – to make a reasoned decision about the risk that sentence reduction will create when “a highly dangerous cohorts of criminals” is involved .

sessions180215The Attorney General’s scolding was not well received by Sen. Charles Grassley (R-Iowa), chairman of the Committee. The Washington Post reported Sen. Grassley was “incensed” at Sessions “for trying to derail a bipartisan bill that would reduce mandatory prison terms for drug offenders on the eve of its first procedural vote.” Sessions and Grassley have long been at odds over the measure, which reduces the length of mandatory minimum sentences for repeat nonviolent drug offenses, eliminates the “three strike” provision of 18 USC 3559(c)(1) that requires a life sentence, and gives judges greater leeway to impose sentences under the mandatory statutory minimum sentences for some offenses, when certain conditions were met. The reforms embraced by the bill fly in the face of Sessions’ bid to wage a new war on drugs, leading him to label the bill a “grave error.”

Grassley wasted no time publicly blasting Sessions, giving the AG what the Post called “a short reminder about who in the government makes the federal laws — and who is supposed to follow them.”

tweet180215In October 2015, the panel passed an identical measure, sending it on to the full Senate by a 15-5 vote.

Committee members anticipated Sessions’ outcry. Last week, the Committee spent most of its hearing time debating how best to get favorable action in the Senate. John Cornyn (R-Texas), one of the bill’s sponsors, said, “Given the opposition of the Attorney General and given the vocal opposition of some law enforcement groups, I honestly don’t see a path forward for that bill…”

Cornyn, who serves as Senate majority whip, said Senate Majority Leader Mitch McConnell (R-Kentucky) would be more likely to bring a prison reform bill to the floor than a sentencing reform package that might be a wedge within the Republican caucus. Cornyn said the committee’s best opportunity to move a criminal justice bill would be his legislation, proposed along with Sen. Mike Lee (R-Utah) and Sheldon Whitehouse D- Rhode Island), which contains only provisions aimed at easing re-entry for prisoners — “and then building on that as we can” with a sentencing amendment process on the floor.

Sen. Dick Durbin (D-Illinois), a prominent co-sponsor of the bill, disagreed, saying the Senate should not abandon bipartisan legislation just because the administration does not fully support it. “It’s a sad day if we are saying that we will not consider a measure in the halls here of the Senate Judiciary Committee if the attorney general of the United States opposes it,” Durbin said at the committee meeting. “For goodness sakes, have we reached that point? I hope not.”

“I’m worried that if we just revisit the Sentencing Reform and Corrections Act, which failed during the Obama administration, given this change in the new administration and its views on the sentencing reform component of it, we’re going to have nothing to show for our efforts,” said Cornyn, using the bill’s formal title. “I know we all tried to work together on this and it just didn’t work out.”

bipart160307Sen. Grassley said at the time the compromise SRCA bill would be the best way to get the sentencing and prison provisions into law. “It’s a matter of process and around here — nothing gets done unless it’s bipartisan. And I don’t often agree with Sen. Durbin, but we put together a bill that we worked really hard and we think it’s the only way of advancing both bills… There’s some people around here [who] are just a little bit afraid of what you call an Assistant U.S. Attorneys Association and they’re stopping everything from being done that is so successful in the other states. And when some people are willing to stand up to those leaders of the Senate, we’ll get something done in both areas.”

Congress is expected to remain focused on immigration-related debates for the foreseeable future, as the March 5th deadline for the expiration of the Deferred Action for Childhood Arrivals program approaches.

One political observer, who writes under the pen name “root” (and has nothing to do with the author of this blog), said he has spoken to Grassley, and that the Senator “plans to use his substantial political clout to press Trump to change his mind.” The commentator said,

Trump bends over backwards to keep Grassley happy. He knows that as Judiciary Chairman, Grassley played a crucial role in delivering two of Trump’s biggest successes so far: the confirmation of Supreme Court Justice Neil Gorsuch and a modern record for circuit court judges in a president’s first year. ‘I’ve carried a lot of water for the White House,’ Grassley told me. ‘They ought to give some consideration for the close working relationship we’ve had on issues we agree on… I think people at the White House have not wanted to go against Gen. Sessions,’ he added, before closing with a sentence crafted perfectly to appeal to Trump’s ego. ‘This is an opportunity for a bipartisan victory by the President of the United States’.

Washington Post, Grassley ‘incensed’ by attorney general’s attempt to stymie sentencing reform (Feb. 14, 2018)

10ztalk.com, root, Grassley twists Trump’s arm for criminal justice reform (Feb. 11, 2018)

Reuters, U.S. attorney general opposes plan to reform prison sentencing (Feb. 14, 2018)

District Sentinel, Senate Committee to Advance Criminal Justice Reform Once Opposed by Jeff Sessions (Feb. 8, 2018)

Roll Call, Senators Ponder How to Break Criminal Justice Logjam (Feb. 9, 2018)

Courthouse News Service, Cornyn Sees No Way Forward for Sweeping Criminal-Justice Reform (Feb. 8, 2018)

– Thomas L. Root

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Criminal Justice Reform Accelerates – but in a Different Direction – Update for January 29, 2018

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

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SENTENCING REFORM TAKE SHARP TURN TOWARD REHABILITATION

momentum180129Momentum is building under the Trump administration for criminal justice reform, even as the debate veers away from mandatory minimums to preventing inmates from returning to prison. A report in The Hill last week said politicians now believe this approach has the best chance of winning approval from both Congress and the White House.

The Hill reported, “A source familiar with the talks between the White House and GOP members of Congress said a bipartisan prison-reform bill, the Prison Reform and Redemption Act, H.R. 3356, offered by Rep. Doug Collins (R-Georgia) is expected to be marked up in the House Judiciary Committee before the first quarter ends in April. Co-sponsored by eight Democrats and seven Republicans, the PRRA allows prisoners to serve the final days of their sentences in halfway houses or home confinement and to earn extra good time. To do so, prisoners have to complete evidence-based programs while in prison that have been shown to reduce recidivism rates.

Senate Majority Whip John Cornyn (R-Texas) and Sen. Sheldon Whitehouse (D-Rhode Island) have introduced similar legislation in the Senate, and reportedly are working closely together to ensure any differences between their bills are reconciled, the source familiar with talks said.

The conservative billionaire brothers Charles and David Koch unveiled a program this past weekend, “Safe Streets and Second Chances,” intended to shift America’s criminal justice system from a focus on punishment to rehabilitation.

Attorney General Jefferson Beauregard Sessions III
Attorney General Jefferson Beauregard Sessions III

At the announcement of the new initiative, Koch Industries general counsel Mark Holden downplayed the challenge Attorney General Jefferson Beauregard Sessions III poses to Koch’s criminal justice reform objectives. Holden said Sessions is on board with prison reform. “I had a good discussion with him in a meeting at the White House a couple of weeks ago,” Holden said. “We’re going to meet people where they are. And hopefully we can get more success in this area when we show some success with prison reform.”

Rep. Bobby Scott (D-Virginia) said late last week he hasn’t given up hope on Sessions coming around on sentencing reform, pointing to that fact that as a senator Sessions helped pass the Fair Sentencing Act, which improved the racial disparity in cocaine crime sentencing.

The Hill, Prison reform gains new momentum under Trump (Jan. 24, 2018)

WTKR-TV, Koch network leader says Attorney General Jeff Sessions “on board” with prison reform (Jan. 28, 2018)

Washington Examiner, Koch brothers introducing new criminal justice reform initiative (Jan. 24, 2018)

Axios, Rep. Scott hasn’t given up on Sessions on sentencing reform (Jan. 27, 2018)

– Thomas L. Root

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