In a two page memo issued in May, Attorney General Jeff Sessions directed federal prosecutors to "charge and pursue the most serious, readily provable offense,” pushing back former Attorney General Eric Holder’s “Smart on Crime” initiative which urged prosecutors to use discretion in how they charged low-level drug offenders and instead focus resources on more serious crimes.
Given Sessions’ history as an aggressive prosecutor, this move wasn’t all that surprising. It is, however, disparaging that the Trump administration would escalate the war on drugs under the guise of targeting major drug traffickers and kingpins, which, after decades of failed policy, many conservative prosecutors, judges, and lawmakers know that’s just not how this works. Criminal justice reform, once viewed a fringe issue, now enjoys bipartisan support from both voters and lawmakers.
Take this poll recently released by the Charles Koch Institute (CKI) which asked 1,200 Americans who voted in the 2016 presidential election about their views on “criminal justice issues such as civil asset forfeiture, over-criminalization, and mandatory minimum sentencing.” They found that not only is there strong support for these issues among conservatives, moderates, and liberals, but even among Trump voters.
When asked whether criminal justice reform is a priority for the country, 81 percent of Trump voters described the issue as either “very important” (34 percent) or “somewhat important” (47 percent). Furthermore, when asked if judges should have more freedom to assign forms of punishments other than prison (such as civil or community service), 63 percent of Trump voters “strongly agreed” (26 percent) or “agreed” (37 percent).
The point about giving judges more discretion flies directly in the face of Sessions’ call for more mandatory minimums as these take discretion away from judges and embolden prosecutors who too often view sentencing as a game where the longest sentence wins. There are many, many cases were judges disagree with sentences they are forced to hand down.
In June, CNN put out a piece on Judge Mark Bennett who calls mandatory sentencing the “gravest injustice in America” and laments having to sentence a grandmother of three to five years in prison for attempting to sell a sugar packet amount of methamphetamine. Over a dozen state attorneys general have now sent Sessions a letter asking him to rescind his charging directive.
The Koch brothers aren’t just funding research. They adopted a “ban the box” policy at Koch Industries, doing away with asking job applicants about criminal history. They’ve supported the work of organizations like Families Against Mandatory Minimums and the ACLU and their website has a page titled “And Justice for All” detailing General Counsel Mark Holden’s passion for criminal justice reform. Holden was particularly moved by the story of Weldon Angelos, who was given a 55 year mandatory minimum sentence for selling marijuana while in possession of a firearm. Rep. Mike Lee, a Republican from Utah, also became a vocal supporter of Weldon and for ending mandatory minimum sentences.
Weldon’s judge, a conservative Regan appointee, disagreed with the sentence, calling it “unjust, cruel, and even irrational.” In fact, Weldon Angelos is only free today because worked to get him a sentence reduction. Weldon is now using his story to support reform and recently launched a petition on Change.org that’s been signed by over 40,000 people, asking Sessions to reconsider his push for mandatory sentences.
Weldon Angelos with his sons, sister Lisa, and Mark Holden of Koch Industries.
Koch aren’t the only players here. Newt Gingrich paired up with Van Jones for the initiative #cut50, a bipartisan organization focused on reducing the prison population by half. Senator Rand Paul has introduced sentencing and marijuana reform legislation. Grover Norquist called on Congress and President Obama to fix civil asset forfeiture and over-incarceration. House Judiciary Committee Chairman Bob Goodlatte and Senators Chuck Grassley and Jim Sensenbrenner have all introduced sentencing reform legislation.
Even evangelical Pat Robertson has spoken out against the war on drugs and specifically addressed Sessions directive saying, “We just must do something to stop the incarceration of all these people. And for the attorney general to say let’s enforce every law that Congress has made, dear me. Congress has gone overboard on this tough on crime stuff.”
If you’re a conservative who hasn’t thought much about supporting criminal justice reform efforts, the organization Right On Crime, which calls itself the “one-stop source for conservative ideas on criminal justice” lays out a convincing argument here, touching on points like public safety, fiscal responsibility, and government accountability. Or check out the American Conservative Union Foundation who have an entire policy center focused on criminal justice reform run by Pat Nolan, the former Republican leader of the California Assembly. Here’s Nolan explaining the conservative case for reducing incarceration:
Ultimately, both conservatives and liberals find common ground on this issue — even if their interests or reasonings are different. The war on drugs has been a costly failure. Long prison sentences have been given to low-level and first time offenders, destroying families. Mandatory sentencing allows Washington politicians to overrule a judge’s discretion. A majority of American’s support marijuana legalization. Criminal records make it difficult for people to get jobs and pay taxes.
With Trump openly criticizing Sessions it wouldn’t be surprising if the attorney general is replaced, and if that happens, let’s hope the Trump Administration carefully considers the support for reform that’s coming from both republican lawmakers and voters when choosing his successor.
Jon Perri is Director of Campaigns & Partnerships at Change.org. Opinions in this piece are his own. Follow him on Twitter.