October 1, 2014

The Brightest Spot in Holder’s Record

How the Attorney General Tried to Make Criminal Justice Less Senselessly Punitive

Attorney General Eric Holder, who last week said he plans to step down as soon as Congress approves his replacement, sees criminal justice reform as the “signature achievement” of his five and a half years in office. He is probably right about that, especially since his record on civil liberties and executive power is almost uniformly awful.

Despite a late start, Holder has done more to highlight the harm inflicted by our excessively punitive criminal justice system than any of his predecessors. And he has done more than talk, pursuing policies that will imprison fewer people who do not belong behind bars, or at least free them sooner.

Between 1996, when he was the U.S. attorney for the District of Columbia, and 1999, when he was deputy attorney general, Holder went from advocating stiffer drug penalties to conceding that “there are some questions that we ought to ask” about “mandatory minimum sentences for nonviolent drug offenders.” This turnaround probably was related to Holder’s concern about racially skewed justice, which was starkly illustrated by the draconian penalties imposed on federal crack offenders, who are overwhelmingly black.

By the time Holder was appointed attorney general in 2009, he favored equal treatment for the smoked and snorted forms of cocaine. Although Congress did not go that far, in 2010 it shrank the gap substantially.

Yet Holder continued to send mixed signals about mandatory minimums. When the U.S. Sentencing Commission adjusted its guidelines in light of the new crack-to-powder ratio, he urged it not to make the changes fully retroactive. Had the commission listened to Holder, the number of prisoners eligible for shorter sentences would have been reduced from about 12,000 to about 5,500.

Crack sentencing reform was the one bright spot in Barack Obama’s drug policy during his first term as president, when he was remarkably stingy with commutations and broke his promise not to interfere with state laws allowing medical use of marijuana. Holder was intimately involved with the latter failure, repeatedly saying that targeting medical marijuana suppliers who comply with state law would not be a good use of the Justice Department’s resources, only to be contradicted by his underlings.

Since 2012, by contrast, U.S. attorneys have not tried to interfere with a broader version of marijuana legalization in Colorado and Washington, maintaining a policy of prosecutorial forbearance laid out in an August 2013 memo from Holder’s deputy, James Cole. Holder, along with Obama, deserves credit for choosing this nonconfrontational approach and making it stick, establishing an important precedent for letting states go their own way on drug policy.

The same month that the Cole memo came out, Holder gave a speech in which he bemoaned our country’s world-beating incarceration rate, declaring that “too many Americans go to too many prisons for far too long, and for no truly good law enforcement reason.” Since then he has returned to that theme repeatedly.

More important, Holder has followed words with action, instructing U.S. attorneys to charge certain low-level drug offenders in a way that avoids triggering mandatory minimums. That change could help up to 500 defendants each year.

The Smarter Sentencing Act, a bill backed by Holder that the Senate Judiciary Committee approved last January, goes much further. It would make the reductions in mandatory minimums for crack offenses retroactive, cut the mandatory minimums for various other drug offenses in half, and expand the “safety valve” that allows some offenders to escape mandatory minimums.

Even without action by Congress, the president has the power to shorten unjust sentences. Obama has issued only 10 commutations so far, but the Justice Department has indicated that many more should be expected by the end of 2016, which would enhance Holder’s legacy to the extent that it reflects his influence.

Although Holder has been focusing on criminal justice reform for only a year or so, his achievements are praiseworthy. Imagine what he might have accomplished if he had taken up the issue sooner.

COPYRIGHT 2014 CREATORS.COM

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.