Bill That Would not Die: The Likely Story Behind the Recast Criminal Justice



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Across the room, an unlikely group of allies tried to persuade him to join them. His son-in-law, Jared Kushner – the engine of the effort – had invited Liberal commentator and former Obama administration executive, Van Jones, and celebrity Kim Kardashian West to the White House for an impromptu meeting.

They had to deal with a problem that had been preoccupying the President for weeks: Willie Horton.

"He was scared," said Jones about the president. "He was worried that someone would hurt someone and end his political career."

Jones, CNN host and commentator, and Kardashian West seek to print the name of another convicted felon in the spirit of Trump: Alice Marie Johnson, a 63-year-old woman serving a sentence life imprisonment for money laundering and non-violent drug offenses until Trump grants him leniency in June. Whenever Trump mentioned Horton, Jones and Kardashian West reminded him of Johnson.

"We went a little back, Van and I, talking to the president to explain: But you have Alice now, and Alice is your legacy," Kardashian West, who helped convince Trump last spring of commute Johnson's sentence, told CNN. "She really opened her heart and her eyes."

This half-hour meeting was only one of the decisive moments that eventually led Trump to approve a revolutionary law on jail and the draft law on the revision of the last month, reinforcing the pressure on a reluctant Senate. Majority Leader Mitch McConnell – who has condemned similar efforts in the past – decided to put him to a vote

Tuesday night, Congress passed the bill ranging from 87 to 12. Trump should sign it this week before. leave for its seaside resort of Mar-a-Lago. This effort cemented what is now the biggest bipartisan victory of his presidency and turned the page on decades of brutal, racist, ineffective and costly policy criticism.

The moment is particularly remarkable, since it involves almost every aspect. the political and economic life of the president is under investigation and the important decisions of Congress have practically ceased to be implemented.

The passing of the bill is also a victory for Kushner, to whom his supporters credit the merit of working behind the scenes to lead the bill. past opposition within the Trump administration and previous coalitions on Capitol Hill.

This story, based on interviews with more than a dozen government officials, members of Congress, as well as supporters and opponents of the legislation, traces the course of the bill, known as the of the First Step Act, is transmitted by Congress to the office of a president who campaigned on the promise to renew the toug anti-crime policies.

Sometimes the bill seemed about to fail. Yet at crucial moments, a surprising political alliance emerged to keep her alive, made up of social progressives, black Democrats, members of the religious right, fiscal conservatives and libertarians. The effort turned out so resilient this time that opponents dubbed the First Step Act the "zombie bill" for his refusal to die.

Under the legislation, thousands of federal inmates will be able to leave the prison sooner than they would otherwise have. Many were able to obtain early release through new credits for good behavior or participation in rehabilitation programs. The bill also relaxes some mandatory minimum sentences, gives judges more flexibility to evade certain guidelines, and eliminates "stacking" provisions that allow perpetrators serving consecutive sentences for crimes committed. with a gun.

"If this bill is the only step Congress takes, it will significantly spoil the important work of criminal justice reform," said Ames C. Grawert, lead counsel for the Brennan Center for Justice. Justice. "But as a true" first step, "the bill changes the discussion by focusing on how to reduce federal prison sentences, not on the fact that we do it at all, and offers a real benefit and immediate to those currently incarcerated. "[19659002]

A Democratic Blockade

Rep. Hakeem Jeffries Did not Want to Be Viewed in the White House

The New York Democrat Represents Neighborhoods in Brooklyn, The # 1 He was one of the most anti-Trump districts in the country, and he was wary of the message that his presence at the White House would send in. So, in the spring, when Kushner asked Jeffries to meet him at his office. West wing, he and the representative Cedric Richmond, Democrat of Louisiana, President of the Congressional Black Caucus, refused. On March 22, Kushner came to Capitol Hill for breakfast. Jeffries, who had been working with Richmond on the reform of the criminal justice system for years, saw it as one of the first signs that Kushner was serious about the issue.

Nevertheless, Democrats were deeply skeptical. Many were opposed to Trump winning a victory and felt that being on the same side of the issue that the president was politically dangerous, especially given his inflamed rhetoric about police and crime in underprivileged neighborhoods.

In 2016, Trump repeatedly spoke of bringing back controversial police practices, like stopping and ransacking, that have a disproportionate impact on black and Latino men. When Georgia's Democratic representative, John Lewis, said he would boycott Trump's inauguration in 2017, Trump tweeted in response, claiming that the civil rights icon "should finally focus on US city centers and arson "

But more After months of meetings and calls with Kushner, Jeffries said he was ready to think that a reform of the criminal justice system could be feasible under Trump. He concluded that Kushner was "genuinely engaged" and discussed with the president's son-in-law the personal connection he had with the problem.

Kushner's father, Charles, spent 14 months in a federal prison after pleading guilty to charges of tax evasion, falsification of witnesses and illegal contributions to the campaign. Jeffries also found a willing co-sponsor on the other side of the Republican alley, Doug Collins (Georgia), a pastor who had witnessed efforts to restructure his state's criminal justice system to reduce recidivism rate.

A difficult path remains to come. First of all, Jeffries had to face the criticism of his own party

On May 17th, the Collins-Jeffries bill provoked a sharp rebuke from some of the Democratic Party's most prominent members , including Detective Dick Durbin of Illinois, Kamala. Harris of California and Cory Booker of New Jersey. The trio wrote a letter outlining the flaws in the bill as they saw it, including the lack of a review of the sentence. The American Civil Liberties Union, NAACP and other progressive groups opposed the bill.

Kushner offered to get involved, but Jeffries insisted on managing it himself, according to Jones. In one day, Jeffries and his collaborators refuted this letter point by point while listening to the title of one of the most famous rap fights, "Takeover" by Jay-Z and "Ether" from Nas. While they were working, Jeffries criticized the music on the speakers of his office, according to an assistant.

The following week, Jeffries stood up at a private caucus meeting of the Democratic House to defend his opposition bill from House Judiciary Committee member Jerry Nadler of New York , former Attorney General Eric Holder and other powerful Democrats. "What I remember is that the Jeffries representative knew the bill in depth, that he answered the questions perfectly and that he completely dispelled the doubts," said the representative. Democrat Anna Eshoo in California.

A few days later, the bill was passed by the House. with 360 votes, including nearly 70% of the House's democratic caucus and almost all the Republicans who voted in favor.

"It is clear that some elements of the left have sparked everything, including the kitchen sink, to try to prevent the effort of criminal justice reform in the House based on the vision the world of all or nothing, "Jeffries told CNN. "In the House, we have adopted the position that, to break the penitentiary industrial complex, we must begin with a strong and vigorous bipartisan effort around reform of the penitentiary system, which could lay the foundation for something to be done. "

Opposition Administration

While Jeffries was dealing with skeptical democrats, Kushner was struggling with Republican opponents under the Trump administration, notably with Attorney General Jeff Sessions.

In his initial plans, Sessions and his collaborators the Department of Justice sought to include in the bill provisions according to which advocates of the bill considered "poison pills", including the introduction of a new mandatory minimum sentence – provoking the tumult of Kushner's new Democrat partners, who wondered if the political risk of joining the White House was worth it.

"Jared and others at the White House, who were working on this project, fought for us," said Jessica Jackson Sloan, who co-founded with Jones # Cut50, a group that advocates for a reduction in incarceration in the United States. "Jared said," I'm going to make sure it's okay and I will not let this shit happen again. "

" It was huge, "he said. said Jones.

A few weeks later, Jones reciprocated by appearing alongside Kushner at a White House event held on May 18 in London, devoted to prison legislation. Trump White House, Jones said, felt like a "political suicide." He and others who appeared on the scene were attacked on social media under the name "Uncle Toms"

"They did not really understand why we were going there," said Topeka Sam, a former criminal who attended the event at the White House. "Our vision was: this is our house and despite our presence, it is our country. And if we seek to change what happens to our incarcerated people, we must be at the table. "19659002] But the event offered evidence of the bipartisan union merger – with the presence of left-wing lawyers and from the right, which also indicated that Trump was in favor of the bill.

Mark Holden, Senior Vice President of Koch Industries, sits at the forefront of the front row of the Golden Reception Hall. Trump walked away from the teleprompter to explain in detail how a friend had hired former prisoners who had turned out to be "superstars." "They would never have had the chance to do it, "said Trump.

For Holden and several administration officials, the riff was a sign that Trump was not just performing his actions – it was a particular affront for Sessions, who was also sitting in the front row.

close at the time of the event, Sessions attended a meeting at the White House with Trump, Kushner and Secretary of Energy Rick Perry – – another long-time advocate of criminal justice reviews . The sessions arrived with a memorandum setting out his arguments against the bill. But he did not go well until Trump stopped him, according to two sources close to the meeting.

This did not help that Sessions became a regular target of Trump's anger for his challenge after the investigation in Russia. . The mere fact that the sessions opposed the effort was almost enough for the president to support.

"Trump liked the idea of ​​canceling Sessions," said a person familiar with the case.

After being haircut at the Senate Hair Salon Tuesday, the sessions declined to speak to CNN about the "First Step Act" act.

Offset of the month of August

In August, the bill was gaining momentum.

Earlier this month, the President snuggles into his Bedminster Golf Club with a group of Republican governors supporting criminal justice. revision. There – as he would do at the Oval Office a month later – Trump feared that he himself would be confronted by Willie Horton for a while if he backed a bill to allow the early release of convicted criminals. The governors, said a senior administration official, have helped to soothe Trump's concern and have shown him the benefits of a revised sentence in their states.

But, just as proponents of the bill were waiting for presidential approval, Senator Tom Cotton, a Republican from Arkansas, managed to face up with Trump while he was on his way. He was in the White House, reviving the president 's fears about Horton and reminding him of the political danger of approving the bill. On the same day McConnell told Trump that the prison overhaul bill was too divisive for the Republicans to be voted on before the mid-term elections, many sources close to the phone told CNN.

Under pressure, Trump agreed to postpone the debate

"At that time, we thought everything was dead," Jones said.

Kushner promised McConnell to put the bill to a vote after the election, provided that the count of counts was counted. This delay allowed supporters to regroup and expand their coalition. Kushner began calling Senator Mike Lee of Utah so frequently that when he interrupted Lee's family dinner during a vacation in Canada, they knew who it was. "My family said," Oh, that's Jared, is not it? "Lee recalled.

For the support of law enforcement groups such as the Fraternal Order of Police and the National District Attorneys Associations, their supporters offered some essential concessions, including a which excludes persons convicted of certain fentanyl offenses. eligible for early release. This helped weaken the position of Cotton and other opponents and allowed Kushner to present the bill with a stronger bill.

McConnell in a box

On November 14, Trump gave his approval to the White House. Roosevelt Room, who congratulated a number of Republican Senators who drafted the revised bill – Chuck Grassley, Lindsey Graham, Lee, Scott Tim, Rand Paul – and Representative Collins, co-original author.

Then, most of the Democratic senators also joined the group after the addition of some key sentencing provisions, including the one for which Senator Democrat Senator Durbin was fighting in 2010, thus reducing difference between the sentences handed down for cocaine powder. The new legislation will apply this change retroactively to approximately 2,600 inmates who had been convicted under the previous law.

There was only one problem: McConnell was dragging his feet. The day after Trump's approval, the majority leader in the Senate told Trump in the Oval Office that he would not introduce the measure for a vote until next year, two senior officials said. administration, pushing compromise into the gulf of a divided government Democrats take control of the House. The lawyers were concerned that this decision would kill the bill, just as McConnell's reluctance to introduce a previous Senate bill sponsored by his whip, Senator John Cornyn, and others, stifled another effort. at the end of the Obama administration.

Kushner and his allies began to pressure McConnell. The Conservatives flooded his office with appeals, including from thousands of people organized by the FreedomWorks group, sponsored by Koch, who also launched a lobbying campaign in the state of Texas, the majority whip in the Senate,

. An administration official said that "the price to pay for not doing this was going to be" higher "than advancing, said a senior Trump administration official, urging McConnell repeatedly to On the other hand, while some urged the president to attack McConnell on Twitter, Kushner convinced him to hold his fire, hoping McConnell would eventually give in.

Lee

At the end of the month, Cornyn's office was at the end of the month, saying to the White House that they had not had the votes, saying that the company was not going to get the vote. Support for the bill was sweeter than it seemed, said two sources close to the record.

Even after Vice President Mike Pence and members of the team Legislative Affairs of the White House had McConnell still does not commit to or put the bill to a vote before the end of the year. Lee fell into disrepair, putting pressure on his fellow senators day and night, by phone, by text message, in person in the Senate, at a luncheon in the Senate cafeteria. "I went crazy," Lee told CNN.

The friend of the conservative Republican Ted Cruz (Texas), a friend of Lee, joined after adding some provisions making it harder to sentence some offenders to shorter sentences. or early release. Lee thought that Cruz had the number "29 or 30", which was more than enough for the bill to be put to a vote and easily passed by the Senate.

On December 10, Darrell Scott, a black pastor and former Trump supporter, warned McConnell's legal adviser that he would send hundreds of black pastors and activists – in his words, "500 blacks angry" – to the office of the Senate majority leader he did not pronounce himself.

That night, Kushner stood out the best. public pressure for now, appearing in Trump's favorite show – "Hannity" on Fox News – to block the bill.

The next day, McConnell announced that he would introduce the bill at the request of the president. Scott called McConnell to praise him.

"I told him," We're going to build statues under the hood, "Scott recalls,"

A week later, the day the bill was passed. "Senate, Jones, and Kushner had a phone call early in the morning to coordinate their efforts.

"The next 48 hours are critical," joked Jones to Kushner, echoing a phrase heard by Kushner at the end of almost all their calls

But the goal line was actually a lot closer, Kushner replied, "I actually think it's only the next 12," he said.

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