Legal Commentary

Mukasey To Ask Congress to Block Release for Non-First Time Crack Offenders

By Jeralyn

Bad news from Attorney General Michael Mukasey today. In written testimony to be delivered at a House Judiciary Committee hearing tomorrow, he will ask Congress to block the release of crack offenders currently serving sentences except for first-time, non-violent offenders. It's unclear whether Congress would act in time.

The worst part of his idea is the first-time offender requirement. Many drug offenders have prior possession convictions. That shouldn't exclude them from the remedial and fairly minor sentence reductions instituted by the Sentencing Commission.

As to crimes of violence, past crimes of violence not associated with the crack offense which is eligible for a reduction shouldn't enter into it.

Yet, that's just what Mukasey wants:

More....

The Justice Department estimates that two-thirds of federal inmates serving time for crack cocaine also have violent criminal histories or gun charges in their pasts. "We think it is imperative for Congress to pass legislation to address the Sentencing Commission's decision," Mukasey wrote to the House committee.

Question: If Mukasey gets someone to introduce legislation to block releases along the lines he is suggesting, will Hillary and Obama show up to vote, the way they did for FISA? And how will they vote? I won't be surprised if both (yes both) agree with Mukasey. Obama has frequently couched his support for reducing mandatory minimums and drug sentences in terms of non-violent, first offenders. Hillary has said she opposes retroactivity in principle, for safety concerns.

As I've said frequently, there's very little difference between them on drug sentencing.

When Mukasey's written testimony becomes available and I have had a chance to read it in full, I'll update this post.

Full post as published by TalkLeft on February 06, 2008 (boomark / email).