Politics

Holder Argues for Success of Drug Sentencing Policies

Published

10 years ago

February 18, 2015

In this Feb. 11, 2015 file photo, Attorney General Eric Holder speaks to law enforcement officers and guests in the Old Executive Office Building on the White House Complex in Washington. The share of federal drug offenders who received harsh mandatory minimum sentences has plunged in the past year, according to figures obtained by The Associated Press that Holder plans to cite Tuesday in arguing for the success of his criminal justice policies. Experts credit Holder for helping raise sentencing policy as a public issue, but they also say it’s hard to gauge how much of the impact is directly attributable to his actions. (AP Photo/Pablo Martinez Monsivais, File)

ERIC TUCKER, Associated Press

WASHINGTON (AP) — Federal prosecutors are changing the way drug defendants are charged and punished, Attorney General Eric Holder said Tuesday, unveiling statistics that show sentences are increasingly being based less on rigid formulas and more on the circumstances of each crime.

It’s a signature issue for Holder’s legacy as he prepares to leave the Justice Department in a matter of weeks as its first African American attorney general.

New data compiled by the U.S. Sentencing Commission show a shift over the last year in which prosecutors steer away from seeking the harshest punishments for low-level drug offenders and redirect their resources to go after more violent criminals.

The figures show federal prosecutors pursued mandatory minimum punishments in roughly 51 percent of drug cases, the lowest rate on record, in the year that ended last September. That was down from 64 percent the year before.

Overall, the number of federal drug trafficking prosecutions dropped by 6 percent during the same period, which Holder said was proof that prosecutors are getting pickier in the federal cases they bring.

“The changes that we have implemented are firmly taking hold,” Holder said in a speech at the National Press Club. “And our key reforms appear to be successful by every measure that we have taken and that we have seen so far.”

For decades, law enforcement authorities have measured success by the numbers of convictions and the length of prison terms, an approach seen as particularly useful during the 1980s-era crack epidemic. In keeping with that stance, a 2003 memo from then-Attorney General John Ashcroft directed prosecutors to charge the most serious provable crime against defendants.

But in six years as attorney general, Holder sought limits on long drug sentences as a matter of fairness and cost and promoted a sentencing regime based more on the facts of a case and less on formulas. A key goal was to help limit an overcrowded prison population bloated with drug offenders.

In August 2013, he announced a package of changes called “Smart on Crime,” which directed prosecutors to avoid charging non-violent drug offenders with crimes that carry mandatory minimum sentences — rigid, usually years-long punishments that are generally dictated by drug quantity and restrict a judge’s discretion.

Justice Department prosecutors have expressed concern that gestures of leniency would limit their leverage to negotiate plea deals. But in the last fiscal year the percentage of guilty pleas has held steady, along with the percentage of drug defendants who received credit for cooperation, which the Justice Department says belies the prosecutors’ concerns.

Even as the overall number of federal drug trafficking prosecutions dropped from 22,215 to 20,824 — a 6 percent decline — the average suggested minimum prison term in those cases rose from 96 months to 98 months, which Holder maintained proves prosecutors are focusing on more serious crimes.

Still, it’s not clear from the limited snapshot whether the numbers reflect a new normal, or will continue to fluctuate as they have for most of the last decade.

And while experts credit Holder for helping raise sentencing policy as a public issue, some also say it’s hard in a complex and interrelated criminal justice system to gauge how much is directly attributable to the attorney general’s policy shift.

“I think it’s impossible to identify one factor that is going to be the cause of all the change,” said Julie Stewart, president of Families Against Mandatory Minimums. “But I don’t think it’s wrong to give Holder some credit for caring about who’s in prison or trying to get his U.S. Attorneys not to overcharge.”

Even before Holder’s policy announcement 18 months ago, long drug sentences were already facing scrutiny and some downward-pointing trends were already starting to take shape.

In the last decade, for instance, the U.S. Supreme Court made sentencing guideline ranges advisory rather than mandatory and President Barack Obama signed a law to cut crack cocaine penalties. Last year, the Sentencing Commission — an independent panel that sets sentencing policy — slashed guideline ranges for drug crimes and applied those changes retroactively.

Though Holder’s departure is imminent, the Justice Department budget proposal includes funds to study the new policy’s impact over the next year.

His expected successor, Loretta Lynch — the top federal prosecutor for parts of New York — voiced general support for “Smart on Crime” at her confirmation hearings but faced only limited questions about drug sentencing policy, a likely indication that an issue once seen as politically volatile has now gained far more mainstream acceptance.

“To the extent that he’s helping to open up the climate and helping to give a greater level of comfort to mainstream lawmakers, that would be one of the most significant long-term effects of his tenure,” said Marc Maurer, executive director of the Sentencing Project.

____

Associated Press writer Michael Tarm in Chicago contributed to this report.

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Alameda County

Last City Council Meeting of the Year Ends on Sour Note with Big Budget Cuts

In a five to one vote, with Councilmembers Carroll Fife and Janani Ramachandran excused, the council passed a plan aimed at balancing the $130 million deficit the city is facing. Noel Gallo voted against the plan, previously citing concerns over public safety cuts, while Nikki Fortunato-Bas, Treva Reid, Rebecca Kaplan, Kevin Jenkins, and Dan Kalb voted in agreement with the plan.

Published

2 days ago

December 24, 2024

Oakland Post

Oakland City Council voted on a plan to balance the $130 million deficit at their last regular meeting of 2024. The plan reduces police spending by $25 million, temporarily closes two fire stations, and guts the cultural arts programs. iStock photo.

By Magaly Muñoz

In the last lengthy Tuesday meeting of the Oakland City Council for 2024, residents expressed strong opposition to the much needed budget cuts before a change in leadership was finalized with the certification of election results.

Oakland police and fire departments, the ambassador program, and city arts and culture will all see significant cuts over the course of two phases.

Phase 1 will eliminate two police academies, brown out two fire stations, eliminate the ambassador program, and reduce police overtime by nearly $25 million. These, with several other cuts across departments, aim to save the city $60 million. In addition, the council simultaneously approved to transfer restricted funds into its general purpose fund, amounting to over $40 million.

Phase 2 includes additional fire station brownouts and the elimination of 91 jobs, aiming to recover almost $16 million in order to balance the rest of the budget.

Several organizations and residents spoke out at the meeting in hopes of swaying the council to not make cuts to their programs.

East Oakland Senior Center volunteers and members, and homeless advocates, filled the plaza just outside of City Hall with rallies to show their disapproval of the new budget plan. Senior residents told the council to “remember that you’ll get old too” and that disturbing their resources will only bring problems for an already struggling community.

While city staff announced that there would not be complete cuts to senior center facilities, there would be significant reductions to staff and possibly inter-program services down the line.

Exiting council member and interim mayor Bas told the public that she is still hopeful that the one-time $125 million Coliseum sale deal will proceed in the near future so that the city would not have to continue with drastic cuts. The deal was intended to save the city for fiscal year 2024-25, but a hold up at the county level has paused any progress and therefore millions of dollars in funds Oakland desperately needs.

The Coliseum sale has been a contentious one. Residents and city leaders were originally against using the deal as a way to balance the budget, citing doubts about the sellers, the African American Sports and Entertainment Group’s (AASEG), ability to complete the deal. Council members Reid, Ramachandran, and Gallo have called several emergency meetings to understand where the first installments of the sale are, with little to no answers.

Bas added that as the new Alameda County Supervisor for D5, a position she starts in a few weeks, she will do everything in her power to push the Coliseum sale along.

The city is also considering a sales tax measure to put on the special election ballot on April 15, 2025, which will also serve as an election to fill the now vacant D2 and mayor positions. The tax increase would raise approximately $29 million annually for Oakland, allowing the city to gain much-needed revenue for the next two-year budget.

The council will discuss the possible sales tax measure on January 9.

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Activism

Protesters Gather in Oakland, Other City Halls, to Halt Encampment Sweeps

The coordinated protests on Tuesday in San Francisco, Oakland, Vallejo, Fresno, Los Angeles and Seattle, were hosted by Poor Magazine and Wood Street Commons, calling on cities to halt the sweeps and focus instead on building more housing.

Published

2 days ago

December 24, 2024

Oakland Post

The California Poor People’s Campaign’s Victoria King erected encampments for unhoused Oaklanders. Victoria King and her committee erected these emergency tents to symbolize the needs of unhoused Oaklanders. Photos by Post Staff.

By Post Staff

Houseless rights advocates gathered in Oakland, San Francisco, Los Angeles, and other city halls across California and Washington state this week protesting increased sweeps that followed a U.S. Supreme Court decision over the summer.

“What we’re dealing with right now is a way to criminalize people who are dealing with poverty, who are not able to afford rent,” said rights advocate Junebug Kealoh, outside San Francisco City Hall.

“When someone is constantly swept, they are just shuffled and things get taken — it’s hard to stay on top of anything,” said Kealoh.

Local houseless advocates include Victoria King, who is a member of the coordinating committee of the California Poor People’s Campaign. She and Dr. Monica Cross co-chair the Laney Poor People’s Campaign.

The demonstrations came after a June Supreme Court ruling expanded local governments’ authority to fine and jail people for sleeping outside, even if no shelter is available. Gov. Gavin Newsom in California followed up with an order directing state agencies to crack down on encampments and urging local governments to do the same.

Fresno, Berkeley and a host of other cities implemented new rules, making it easier for local governments to clear sidewalk camps. In other cities, such as San Francisco, officials more aggressively enforced anti-camping laws already on the books.

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Activism

Celebrating East Bay Leaders Keith Carson and Federal Glover at Geoffrey’s Inner Circle

Several leaders were in attendance including fellow Alameda Supervisors Elisa Marquez and Lena Tam, Superior Court judge-elect Terry Wiley, and African American Sports and Entertainment Group’s founder Ray Bobbitt, along with many other guests.

Published

2 days ago

December 24, 2024

Oakland Post

Keith Carson, John Gioia, Federal Glover, Nate Miley Left to Right.

By Magaly Muñoz

After decades of public service in the East Bay, community members and leaders came together to celebrate Alameda County Supervisor Keith Carson and Contra Costa Supervisor Federal Glover at Geoffrey’s Inner Circle Thursday afternoon.

First elected in 1992, Carson has served District 5 for 24 years and announced his decision to step away from his seat earlier this year, just before the deadline to submit new candidate applications.

He dedicated his long career to bringing access to health care, addressing homelessness, lowering crime, improving business retention, and growing job opportunities in Alameda County.

Glover began his tenure as Contra Costa Supervisor in 2000 and previously served as mayor of Pittsburg in 1998. During his time as Supervisor, he supported initiatives on public transportation, created committees for public safety, and supported task forces on health.

“These two distinguished leaders have dedicated their lives to improving the lives of so many people across Alameda and Contra Costa (counties). Their work has touched every corner of the East Bay,” Alameda County Supervisor and President Nate Miley said.

Leaders from both counties spoke on the supervisors’ legacies and their dedicated years of service.

Contra Costa Supervisor John Gioia said that Glover was the type of person that grew with each challenge that crossed him, especially after he had major surgery in 2020. But Gioia said that the treatment did not deter Glover.

“He’s had tougher races for reelection than any member of our board that I can recall, and he’s always come back stronger than before,” Gioia said.

Sharing a county border, Gioia complimented Carson on his ability to sway leaders from both sides of the political aisle to listen on the issues affecting locals and residents across the nation.

Shannell Scales Preston, who is taking over Glover’s D5 seat in 2025, told event attendees that Glover was a mentor to her for many years. He often would call Preston after Pittsburg City Council meetings with remarks about her performance and how well she spoke up on certain issues.

With Glover spending years as the only Black elected official in local government, Preston would ask him how he managed to not feel lonely about the job. She then congratulated him on being the only supervisor in Contra Costa to have all Black mayors under his district in 2023.

Preston said he’s been a leader to many diverse groups and his tenure has seen leaders of all backgrounds, but particularly paving the way for Black leaders in predominantly white areas.

Miley, who has shared his entire 24-year tenure on the Alameda Board with Carson, tearfully wished the exiting supervisor luck and said he would miss him dearly.

Carson said that as we embark on a “dark time” for everyone across the nation and worldwide in 2025, it’s important to continue communicating and working with groups from all backgrounds because that is the only way things will get done.

“There have been many lonely nights, but then the sun comes out in the morning when you continue to think, ‘I can make a difference,’” Carson said.