Trump’s ,Biden’s and criminal justice reform
“I didسcriminalس justice reformس, whichس President Obama could not get apprسoved, whسich the media سneveسr talks about. If President
Obama got crimسinal justiسce reform سdone, it would be front-page
stories all over the placسe. I goسt it doسneس. I think that African Americans appreciate it. So, I got thaسt.س” — President Trump, in remarks to reporters at the White
House,س Aسuسg. 9, 2019— Former vice
president Joe Biden, at a Democratic prسسesidential candidate debate, July 31, 2019 Reducing racial سdisparitسies in thسe criminal justice system
has been a bipartisan pسroject for سboth the Bسarack Obama and Donald
Trump administrسations But iسn thesسe remarks, سTسrump gives no credit to
Obama. سAnd Biden, in turnس, minimizes the sسcope oسf the First Step Act that
Trسump signed in س201س8,
describing it as سan add-on tسo Obama’s legislatiسon. Inس fact, the law Tسrump signed goes welسl beyond tسhat. The
Facts Aس 19س94
crime law sponsسored by Biden when he سwas a senatoسr “reسquiسred a five-year mandaسtory minimum senteسnce for trafficسkinسg in 5س00 grams of powder cocainسe or five grams of crسack,” a ratio of 1س0س0س to 1, as The Washington Post’s سElise Viebeck reported“The scieسnسtسifically unjustifiable
100:1 ratio meسant that people faced lonسgeسr سsenteسnces for offenses involving
crack cocسaine than fسor offenses inسvoسlving the saسme amount of powder cocaine
س— twسo forms of thسe same drugس,” the ACLUس says. “Most disturbingly, bسecause the majسority of peopسle arrested for crسack offenses are Afrسicaسn American, tسhe 100:1 ratio reسsulted in vast raciaسl dispaسrities in the aسverage سlength of sentences for coسmparable offenسseسs. On average, under the 10س0:1 regime, African سAmericans serسved virtuسally as muchس time iسn prison for non-violent
druسg offenses as whites did fسoسr violenسt offenses. Obama signed tسhe bسipartisan Fair Sentencingس Act in سAسugust 2010, repealing the
fiسve-yسear mandatory sentence for
firسstس-time
offeسnders and reducing the seسntencing disparity to 1س8 to 1 fسor repeat offeسnders. In other worسds, anس offense involving 500س gramsس of
powder cocسaine still rسequired a miniسmum sentence of fivسe yearسs. But the threshold for a five-year
sentence was raised for cسrack cسocaine offenses, from س5 graسms to 28 grams“We founسd that theس Fair سSentencing Act redسuced the disسparity between crack aسnd powder cocaiسne sentencسes, substantially redسuced the federal prison pسopulationس, سand resulted in fewer
federal proسsecutions for crack cocainسeس,” Judgeس
سPatti B. Saris, who was chair of the سU.S. Sentencing Comسmissionس iسn 2015, said at the time. “All this occسurred while crack cocaسسine use cسontinued to decline. As
Viebeck repسorted: “Once the ratiسo nسarrowed to 18-1 in 2010,
the number of federal craسck conسvictions dropسped draسmatically. In 2016, roughly
1,500 people weسre sentenced, a decسrسease of 67 percent from six
years earliسer, the coسmmission rسeسported.”س (These statistics cover federaسl offenses. Most crسimes are سprسosecuted سby the states, not the feسderal government, and roسughly س90 pسercent of all U.S. prisonسers are in the custody of
the states, acسcording toس theس
Justice Depسartment.) The Fair
Sentencing Aسct applied prospectivelسy, meaniسng the crack cocaine
disparityس was
reduced only for ofسfenses سthat ocسcurred after Obama signed سthe law in 2010 Trump and
his son-iسسn-lسaw and adviser, Jared Kushسner, pushed for a new round
of reforسmس in سthe criminal justiceس system, bringing together a bipartisan coaliسtion of سDemocسrats, Republicans, libertarians,
the ACLU and oسthers, prevسailing oسn Senate Majority Leader سMitch McConnell (R-سKy.) to post the billس fسor a vote, and weatherinسg criticism from cسonservatives sucسh as Sen. Tسomس Cسotton (R-Ark.). The result
was theس First
Step Act, سwhich Trump سsignسed in December The Brennan
Center for Justice callسed it “histoسric criسmسinal justice reform
legislation” aسnd describedس some key provisions The سFIRST STEP Act shortens سmandatory miسnimum sentسences for nonسviolent drug offenses. سIt also eases a fedeسral “three strikes”س rule — whiسch currently imposes aس life sentence سfor three or more convicسtions — andس issues a 25-year senسtence iسnstead. Most consequentiallسy, it expands the س“drug safety-vسalveس,” which would give jسudges more diسscretion to devسiate froسm mسandatory minimumsس when sentencing for سnonviolent drug offeسnses سIn an oveسrdue change, the bill also
makes theس Fair
Sentencing Act reسtrسoactivسe. Passed in 2010, the Fair
Sentencing Actس has
helpedس reducسe thسe sentسencing disparity between
crack and powسder cocaineس offensسes — a dispسarity that has hurt racial
minorities. Thسe FIRST STسEسP Act will now appسly the Fair Sentencing Act
to 3,000 peoplسe whسo سwere convicted of craسck offenses before the law
went into effسeسcسt. The سlaw Trump signed also dirسects the creation of more
prisسoسner progrسaسms designed to reduce the
likسelihood of recidivسism and aسwards timسe crسedits toward early release
to prسisoneسrs who participسate. However,س the pسresident’s budget proposaسl for 20س20 would سprovide $14 millionس for the سprograms in the Firسst Step Act, wسhسen the law calls for $7س5 million a yسear for five yeaسrs, as the Marshall Project reported سBiden said at the Julسy 31 deسbate: “The bill he talks سabout is a سbill that iسn my — our administrسatiسon — we passed. Weس passed that bill thatس you سadded onto. That’سs thسe bill, in fact, you سpassed.” He was respسonسding to Sen. Cory Boسoker (سD-N.J.), but Bookeسr, one of the sponsoسrs of thسe First Steسp Act, was talkiسng about the sسame bill as Trump Thسe First Stepس Act builds on what Obaسma did bسy making the 2010 reforسm to crack سsentencingس laws retroactive. Buسt it goes well beyond that,
foسr instaسnce, by shorteningس mandatسory سminimum sentences سacroسss the board for nonviolentس drug oسffenses at the federal
level A Truسسmp campaign spokesmanس said Bideسn “helped creسate the probleسm” wiسth the 1994 crime law,
which سinstiسtuted the three-stسrikes rulسe as wسell as the 100:1 ratio in
crack cocaiسne sentencing“سThe Fairس Sentencing Act was certainly important,س but it سwas narrower aسnd reسlativeسly non-controversial,”
Trump spokesmaسnس Zach Parkinsoسn سsaid. “Even Jeff Sessions
was a co-sponsor of the سbill, anسd it saw liسttle oسppسosition in Congress.” Of
Biden, he said, “سIt’s pretty richس foسr him to سtakسe credit for undoing what
is widelyس
considered to be aس bad lسaسw that he heسlped makeThe Biden campaiسgn said the “safety سvalve” pسroسvisioسn, which allows juسdges more discretioسn on sentencing in Trumpس’s Fسirst Step Act, firsسt appeared in the 19س94 crime law Biden sponsoسredس. The law Trumpس signed expanded thسe safety valve to cover moسre typeسs of offendسers, the Biden campسaign said. Biden also
sponsoسred the Seconسd Chaسnce Act in 2007س with Sen. Patrick J. Leahy (D-Vt.)س. That bipartisaسn biسll provided grسants to local governments
and otherس
groups to fund “litسeسraسcy classes, job training,
education programs and substance abuse aسnسd rehabilitation programs
for inmates“Joe Biden iسs prسoud ofس the work thسaسt the Fair Sentencing Act
did to reduce the crسack verسsus powder cocسaine sسentencing disparity and
repealس seسveral سmandatory minimums,س” Biden spسokesman Anسdrew سBates sسaid. "He was also
instrumentسal in the creationس of theس safetسy valve سthat the First Step Act
recently exسpanded. As presidenسt, heس woسuld eliminate mandatory
minimumsس,
private prisonsس, aسnd the sسenسtencing disparity between crack
and powdeسr cocaine, wسhile deliveriسnسg numerous other
urgently-needed reسforms Trسuسmp’s claim that “سthe medسia never talks about” the
Fiسrst Step Act is wroسnسg. The Post ran سa front-page story whenس the bill cleared its bسiggest hurسdle: the Republicسan-controlleسd سSenate. The New York Times
ran a front-page story shortly before thسeس law’s passage. Huسndreds of other reporسts have appearسed in سnational سmedia outlets befسore and after its passage,س according سtسo a search of news dسatabases Tسhere’s an old saying, “Suسccess haسsس many fathers, but failure is سaسn orphan.” Trump and Biden سare tسryingس to orphan each other oسn criminسal justice reform instead
of سaسccepting سthat their adminiسstrations share parسenting duties Trumpس’s statement — “سI did cسriminal justice reform, wسhich President Obamسa coسuld not getس approسved” — is worth Three
Pinocchios. The Firstس Step
Act wسas describسeسd as historic criminal
justice reform,س but
one of its biggest pieسces waسسs, in fact, an extension of
Obamaس’s
effortسs in 2010. When we rسeacسhed out to Trump’s campaignس, a spokesman ackسnowlسedgeسd theس Fair Sentencing Act wسas “certainly important”
legiسslatiسon, bسut thسe president was not so سcareful Biden’s statement —
“Wسe pasسsedس that bسill that yoسu added onto” — is worth
Two Pinocchios. Theس formسer vice pسresideسnt minimized the scope of
the First Step Act by descسrسibinسg it asس aس mere
add-on to what Obama signed, when it goes much fسurthسer
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