May, 15 2017, 03:15pm EDT
New Agenda Outlines Ways Congress, Administration Can Act on Criminal Justice Reform
Archaic Policies of Attorney General Should Not Derail Years of Bipartisan Progress
WASHINGTON
Bipartisan momentum for criminal justice reform has been building for years, and a new pro-active agenda by the Brennan Center for Justice at NYU School of Law offers solutions that would keep crime rates low, provide support for law enforcement, and reduce the federal prison population.
A Federal Agenda to Reduce Mass Incarceration presents four pieces of legislation and three executive actions that supporters of criminal justice reform -- from all political backgrounds -- can unite behind. It offers a bold plan for progress in the face of Attorney General Jeff Sessions' directive Friday, which reinstated outdated federal charging policies that contributed to mass incarceration in America.
"Too much progress has been made in recent years for supporters of reform to take their foot off the gas now," said Inimai Chettiar, director of the Brennan Center's Justice Program. "It won't be easy, especially with Sessions as the nation's top cop, but he increasingly stands alone. Members of his own party and America's law enforcement officers are pushing for change."
"There might be more opportunities for progress under this new administration than you'd think from Sessions' actions," said Ames Grawert, counsel in the Brennan Center's Justice Program. "Vice President Pence and the president's senior advisor Jared Kushner have supported reform policies in the past. In confusing and chaotic times, this can be one issue where people from all sides can come together."
The agenda suggests legislation to:
- End the Federal Subsidization of Mass Incarceration: Today, $8.4 billion in federal criminal justice grants flow from Washington annually, largely on autopilot, encouraging more arrests, prosecution, and incarceration. Instead, Congress can pass a "Reverse Mass Incarceration Act" that would dedicate $20 billion over 10 years to states that reduce both crime and incarceration.
- End Federal Incarceration for Lower-Level Crimes: Congress can pass legislation to eliminate prison terms for lower-level offenses and shorten prison terms for other crimes. In doing so, it can safely and significantly cut the prison population, saving around $28 billion over 10 years, enough to fund a Reverse Mass Incarceration Act.
- Institute a Police Corps Program to Modernize Law Enforcement: To advance a twenty-first century police force, Congress can create a program to recruit and train new officers in modern policing tactics focused on crime prevention, reducing unnecessary arrests and use of force, and increasing community engagement.
- Enact Sentencing Reform: Congress can reintroduce and pass the Sentencing Reform and Corrections Act of 2015. This proposal would cautiously reduce prison sentences for some nonviolent crimes. The White House may support this legislation.
The agenda suggests executive actions that would:
- Redirect Federal Grants Away from Mass Incarceration: The Justice Department can change performance measures for grants to reward states that use federal funds to reduce both crime and incarceration.
- Institute New Goals for Federal Prosecutors: The Justice Department should ensure that resources are focused on the most serious crimes, and evaluate U.S. Attorneys nationally based on their ability to decrease both crime and incarceration.
- Commute Sentences to Retroactively Apply the Fair Sentencing Act: In 2010, Republicans and Democrats joined together to pass legislation to reduce the disparity between crack and powder cocaine crimes. Future presidents can bring justice to the 4,000 prisoners still incarcerated under this outdated drug law, by identifying clemency petitions meeting certain criteria, fast-tracking them for review, and granting clemency.
The Brennan Center for Justice is a nonpartisan law and policy institute. We strive to uphold the values of democracy. We stand for equal justice and the rule of law. We work to craft and advance reforms that will make American democracy work, for all.
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Chamber of Commerce Sues to Block FTC Ban on Anti-Worker Noncompete Agreements
"Why does the U.S. Chamber of Commerce hate dynamism in the American economy, where workers are free to move to the best opportunities, and companies are free to recruit the best talent?" asked one economist.
Apr 24, 2024
The powerful U.S. Chamber of Commerce sued the Federal Trade Commission on Wednesday in an effort to block the agency's widely celebrated new rule banning most noncompete clauses, pervasive contract agreements that restrict employees' ability to work for or start a competing business.
The Chamber filed its lawsuit alongside the Business Roundtable and other corporate lobbying groups in a federal court in Texas. The suit came shortly after Ryan LLC, a tax service firm, filed the first legal challenge to the FTC's rule in a separate Texas venue.
"The commission's categorical ban on virtually all non-competes amounts to a vast overhaul of the national economy," reads the Chamber's complaint against the rule, which the FTC finalized in a 3-2 vote on Tuesday.
The agency, led by Biden-appointed Commissioner Lina Khan, estimates that roughly 30 million U.S. workers are subject to a noncompete agreement, limiting their ability to start their own companies or switch jobs in pursuit of better wages and benefits.
"Noncompete clauses keep wages low, suppress new ideas, and rob the American economy of dynamism, including from the more than 8,500 new startups that would be created a year once noncompetes are banned," Khan said in a statement Tuesday. "The FTC's final rule to ban noncompetes will ensure Americans have the freedom to pursue a new job, start a new business, or bring a new idea to market."
"Noncompetes are about reducing competition, full stop. It's in their name."
The Chamber, the largest corporate lobbying organization in the United States, signaled its intent to sue the FTC immediately after the agency finalized its new rule on Tuesday.
"The Federal Trade Commission's decision to ban employer noncompete agreements across the economy is not only unlawful but also a blatant power grab that will undermine American businesses’ ability to remain competitive," Chamber president and CEO Suzanne Clark said in a statement following the FTC's vote.
While the organization claims to fight for the interests of businesses small and large, a Public Citizen report published earlier this year found that the majority of the Chamber's legal work supports big corporations.
The Chamber acknowledged in response to questioning from a pair of Democratic senators last year that its corporate members use noncompete clauses—though the group did not specify which members.
"Why does the U.S. Chamber of Commerce hate dynamism in the American economy, where workers are free to move to the best opportunities, and companies are free to recruit the best talent?" asked University of Massachusetts Amherst economics professor Arin Dube in response to the Chamber's pledge to sue over the FTC's rule.
According to the FTC, its ban would boost the average U.S. worker's earnings by $524 a year, increase new business formation by close to 3% annually, and lower national healthcare costs by nearly $200 billion over the next decade.
"Noncompetes are about reducing competition, full stop. It's in their name," Heidi Shierholz, president of the Economic Policy Institute, said Tuesday. "Noncompetes are bad for workers, bad for consumers, and bad for the broader economy. This rule is an important step in creating an economy that is not only strong but also works for working people."
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300+ Arrested Outside Schumer's Home During Jewish-Led Seder Against Gaza Genocide
"No one is free until everyone is free," read a banner representing a Seder plate. "Jews say stop arming Israel."
Apr 24, 2024
As U.S. Senate Majority Leader Chuck Schumer prepared to vote on Tuesday night for a foreign aid package including billions to continue arming Israel in its bombardment of Gaza, roughly 300 protesters were arrested outside his home in Brooklyn for holding an "emergency Passover seder" protest, demanding the U.S. end its support for an assault that has killed at least 34,262 Palestinians.
The protest was led by anti-Zionist Jewish organizers with Jewish Voice for Peace, IfNotNow, and Jews for Racial and Economic Justice, with a large round banner representing a traditional Seder plate at the center of the protest at Grand Army Plaza, a block from Schumer's home.
Hundreds of people, some wearing traditional Palestinian keffiyehs, linked arms and chanted, "Free, free Palestine!" while blocking traffic and displaying the Seder plate.
"No one is free until everyone is free," read the banner. "Jews say stop arming Israel."
Schumer's home has been the site of numerous protests since October, when Israel began its attacks on and blockade of Gaza, which have left parts of the enclave facing famine and the entire population of 2.3 million people suffering from "acute food insecurity," at a minimum.
"A genocide being carried out in our names as Jews demands that we adapt our sacred tradition again, take to the streets, and do everything we can to prevent more death," author and activist Naomi Klein said at the protest.
The Biden administration has approved numerous weapons transfers to Israel, and the Senate overwhelmingly voted Tuesday night in favor of the package that includes $17 billion more in unconditional aid for the Israel Defense Forces.
Sens. Bernie Sanders (I-Vt.), Peter Welch (D-Vt.), and Jeff Merkley (D-Ore.) were the only members of the Democratic caucus who voted against the funding bill. Fifteen Republicans also opposed the bill over its inclusion of Ukraine aid.
The demonstration at Grand Army Plaza was organized amid a burgeoning protest movement on U.S. college campuses, including at Columbia University, where more than 100 students were suspended and then arrested for trespassing last week after setting up an encampment to demand the school divest from all companies that work with the Israeli government.
The student-led protests have been denounced by President Joe Biden and other pro-Israel critics as "antisemitic" and endangering Jewish students, despite the fact that Jewish students have helped to organize the nonviolent demonstrations.
One organizer, Calvin Harrison, told The New York Times that he attended the Brooklyn protest Tuesday night "because I'm a Jew and I was raised to believe that Judaism is about justice."
"Passover is a celebration of liberation for the future," he told the Times. "We can't celebrate liberation for ourselves while we're oppressing Palestinians."
Yonah Lieberman, co-founder of IfNotNow, recalled the group's Liberation Seder in 2016 in New York, where campaigners protested the Anti-Defamation League's support for the Israeli occupation of the Palestinian territories.
"Eighteen of us were arrested," he said. "Tonight: [Organizers] led a Seder in the streets demanding Schumer stop arming Israel. Hundreds are being arrested. The movement grows."
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'Blood on Their Hands': 79 US Senators Approve Billions More in Military Aid for Israel
Sen. Bernie Sanders, one of just three Senate Democratic caucus members to oppose the bill, said that "U.S. taxpayers should not be providing billions more to the extremist Netanyahu government."
Apr 24, 2024
With the support of nearly 80% of the chamber's lawmakers, the U.S. Senate on Tuesday approved a sprawling foreign aid package that includes $17 billion in unconditional military assistance for the Israeli government as it ramps up its catastrophic assault on the Gaza Strip.
The final vote on the $95 billion package, which also included military aid for Ukraine and Taiwan, was 79-18, with just three members of the Senate Democratic caucus—Sens. Bernie Sanders (I-Vt.), Peter Welch (D-Vt.), and Jeff Merkley (D-Ore.)—and 15 Republicans opposing the bill.
Sanders called Tuesday "a dark day for democracy," condemning the upper chamber's refusal to even allow a vote on his proposed amendment to cut offensive military aid to Israel from the legislation.
"I voted no tonight on the foreign aid package for one simple reason: U.S. taxpayers should not be providing billions more to the extremist Netanyahu government to continue its devastating war against the Palestinian people," Sanders said in a statement following the vote. "Thirty-four thousand Palestinians have already been killed and 77,000 have been wounded—70% of whom are women and children."
"The housing in Gaza is destroyed; the infrastructure in Gaza is destroyed; the healthcare system in Gaza is destroyed; the educational system in Gaza is destroyed," Sanders added. "Enough is enough. No more money for Netanyahu's war machine."
The bill, which passed the House over the weekend, now heads to the desk of President Joe Biden, who is expected to sign it in the coming days.
"That Congress passed many billions of dollars for new weaponry for Israel that will be used to devastate Gaza, and could be used in a war against Iran, is deeply disturbing," said the National Iranian American Council.
The 79 senators who voted to pass Biden's foreign aid bill/expand Israel's genocide in Gaza: pic.twitter.com/bVQisvOndd
— Stephen Semler (@stephensemler) April 24, 2024
Overwhelming congressional and White House support for arms and military support stands in stark contrast to U.S. public opinion, which has increasingly turned against Israel's assault on Gaza in recent months as the grisly death toll and humanitarian emergency have worsened and evidence of Israeli war crimes has mounted.
As Tuesday's vote took place, thousands of Jewish New Yorkers and allies rallied outside of Senate Majority Leader Chuck Schumer's (D-N.Y.) home to voice outrage over U.S. lawmakers' growing complicity in Israel's military assault.
"We're here as thousands of Jewish New Yorkers, calling on Senator Schumer to halt weapons funding to Israel as it massacres and starves Palestinians in Gaza," said Eva Borgwardt, national spokesperson for IfNotNow, one of the groups that organized the mass demonstration on the second night of Passover.
A Gallup survey released last month found that 55% of U.S. voters—including 75% of Democrats, 60% of Independents, and 30% of Republicans—disapprove of Israel's military assault on Gaza. A separate poll commissioned by the Center for Economic and Policy Research showed that a majority of American voters support halting U.S. weapons shipments to Israel.
Since October, the Biden administration has quietly approved more than 100 arms sales to Israel, flouting U.S. laws that prohibit weapons deliveries to countries that are violating human rights or blocking American humanitarian aid.
"As I have said countless times, sending Prime Minister Benjamin Netanyahu's government the munitions it is using to destroy Gaza is wrong and inconsistent with our foreign policy goals," Welch said Tuesday after voting against the aid package. "It is unthinkable that an ally of the U.S. would conduct its military campaign with planes, tanks, bombs, and artillery supplied by the U.S., while impeding access for aid trucks to destitute civilians under its occupation."
"Urgent calls for peace are loudly echoing across the country but seem to fall on deaf ears on Capitol Hill."
Days before the Senate vote, mass graves were discovered at two Gaza hospitals that Israeli forces recently raided and destroyed. The United Nations Human Rights Office on Tuesday demanded an international probe into the mass graves, noting that bodies of Palestinians were found stripped naked with their hands tied.
"Victims had reportedly been buried deep in the ground and covered with waste," Ravina Shamdasani, a spokesperson for the U.N. High Commissioner for Human Rights, told reporters in Geneva on Tuesday.
One Gaza official toldCNN that a total of 300 bodies were found in a mass grave at the Nasser Medical Complex in Khan Younis and that "there were signs of field executions."
"The U.S. government is arming a regime creating mass graves in Gaza, indeed turning all of Gaza into a mass graveyard," Sarah Leah Whitson, executive director of Democracy for the Arab World Now, wrote on social media Tuesday.
On the heels of the Senate vote, Agence France-Pressenoted that one of its correspondents and eyewitnesses "reported heavy bombardment of several areas of northern Gaza."
"Early Wednesday, hospital and security sources in Gaza reported Israeli air strikes in Rafah, as well as the central Nuseirat refugee camp," the outlet reported.
The anti-war group CodePink said in a statement after Tuesday's vote in the U.S. Senate that "urgent calls for peace are loudly echoing across the country but seem to fall on deaf ears on Capitol Hill."
"People and the planet desperately need healthcare, housing, and climate justice, not a further descent into darkness through this massive war bill that funds death and destruction," the group added. "Every elected official who voted in favor of this bill has blood on their hands."
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