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There are nearly 360,000 American behind bars due to a drug offense, according to the Drug Policy Alliance.
With only weeks left of his administration, President Joe Biden has earned praise from rights groups and advocates for exercising his clemency powers, including announcing Monday that he is commuting the death sentences of 37 individuals on federal death row—but the Congressional Progressive Caucus is urging him to go further.
"We thank the president for this significant step and urge him to use his last few days in office to commute the sentences of the thousands of Americans impacted by the War on Drugs and decades of harmful, disparate convictions and sentencing," wrote Congressional Progressive Caucus Chair Rep. Pramila Jayapal (D-Wash.) in a statement on Monday.
Per Drug Policy Alliance, a nonprofit that addresses the harms of drug use and drug criminalization, there are nearly 360,000 American behind bars due to a drug offense. "This includes thousands of people charged with federal marijuana offenses or who are serving long federal mandatory minimum sentences due to the unfair crack-powder cocaine sentencing disparity," according to the group.
On December 12, Biden commuted the sentences of nearly 1,500 Americans and pardoned 39 people convicted of nonviolent crimes, a move the White House called "the largest single-day grant of clemency in modern history."
Reacting to those commutations and pardons, the Drug Policy Alliance wrote that "President Biden's historic actions today acknowledge what Americans have long known: that our country's practice of doling out lengthy prison sentences to people for drug offenses has put lives at risk, broken families apart, and wasted billions of dollars."
However, the group continued, "he must issue additional pardons and commutations to bring all victims of our country's failed drug war home. But we cannot stop there. President Biden can still play a role in mitigating the harms of federal marijuana criminalization through executive action."
The Drug Policy Alliance has drafted a proposed executive order for Biden to issue that would create a council to guide the federal government in repairing harms caused by marijuana criminalization and advance more fair and just policies in future, and mandate that federal agencies be tasked with evaluating how their-marijuana related policies and programs created barriers for underserved communities, among other actions.
Biden did in 2022 grant full and unconditional pardons to all U.S. citizens convicted of simple federal marijuana possession—a move that was cheered by advocates.
In her statement on Monday, Jayapal called Biden's decision to largely clear federal death row an "extraordinary act" that was only possible thanks to "tireless organizing and activism of progressives in Congress and on the ground."
Three people, Dylann Roof, Robert Bowers, and Dzhokhar Tsarnaev, will remain on death row. The 37 people whose sentences were commuted will receive life in prison without the possibility of parole.
"When companies larger, wealthier, and more powerful than most world governments threaten individual liberty with coercive private taxation and regulation, it threatens our way of life," said U.S. Assistant Attorney General Jonathan Kanter.
Assistant Attorney General Jonathan Kanter, the antitrust head at the Department of Justice who helped turbocharge the agency's efforts to rein in monopoly power, bid farewell to his post in a speech Tuesday during which he warned that "plutocracy is its own kind of dictatorship."
Kanter's deputy, Doha Mekki, will take over leading the Antitrust Division starting Friday. President-elect Donald Trump has tapped Gail Slater, a tech and media policy advisor who worked for Vice President-elect JD Vance, to permanently replace Kanter.
In his speech, Kanter described how President Joe Biden's administration had a clear mandate from the public to break with the antitrust approach of previous decades: "When I took office in 2021, questions about monopoly power were no longer just a technocratic concern relegated to the narrow halls of white-shoe law firms and elite academic institutions. Our nation was experiencing a remarkable moment unlike any I had seen in my lifetime. Americans across the country had become acutely aware of the powerful forces that were suppressing their economic freedom."
To get himself ready for the role, he looked for inspiration from the "storied trustbusters of yesteryear"—particularly Assistant Attorney General Robert Jackson, who led antitrust enforcement at the Department of Justice under FDR. "In 2021, the similarities to 1936 were unmistakable. They say that history rhymes. Well, it sure does. And this time it had 'bars,' as the youth say."
Then, as now, antitrust enforcement is an engine for economic prosperity, Kanter said. It can lower prices by limiting the market power of large companies, increase growth and prosperity by curbing corporate-imposed private regulation that "sap entrepreneurs of opportunity," and provide greater mobility and higher wages for workers, he argued.
With that "why" in mind, the division "confronted the Herculean task of operationalizing our mandate to restore, revive, and reimagine antitrust enforcement for our nation."
In many respects, Kanter was successful in that mission. During his time with the Department of Justice, the agency notched a major legal victory over the company Google, which Kanter's team and states had argued held an illegal monopoly in the search engine and advertising market. In August, a federal judge ruled that Google was an illegal monopolist for spending tens of billions on default search deals, a decision that has been called the "biggest antitrust case of the 21st century."
The Antitrust Division has also filed ongoing cases against Visa, the rent-fixing software RealPage, Ticketmaster, and others. Cases brought by the division also successfully blocked a merger between publishing giants Penguin Random House and Simon & Schuster, as well as JetBlue's acquisition of Spirit.
In response to the news that Kanter is stepping down, Nidhi Hegde, interim executive director at the American Economic Liberties Project, said Tuesday that under Kanter's leadership "the DOJ Antitrust Division has become an enforcer fit for the modern economy—and a powerful ally of American consumers, workers, and small businesses."
Kanter offered advice to future enforcers, such as engaging people outside of the Beltway and "dispel[ling] the myth that less competition at home helps the U.S. compete more abroad."
The stakes of lax enforcement are high, he warned: "When companies larger, wealthier, and more powerful than most world governments threaten individual liberty with coercive private taxation and regulation, it threatens our way of life."
"House Democrats must take a firm stand against this problematic proposal and offer an amendment in markup to give the Antitrust Division the resources necessary to enforce the law," said one campaigner.
Anti-monopoly campaigners on Tuesday blasted House Republicans over a bill that would dramatically reduce funding for the U.S. Department of Justice's Antitrust Division and impose caps on how much the crucial agency gets from merger filing fees.
The House Appropriations Committee
proposal contains sweeping spending cuts, including a $40 million reduction in the DOJ Antitrust Division's budget. The $192.7 million allocated for the division is $95 million less than requested by U.S. President Joe Biden.
"House Republicans are not fully funding the Antitrust Division—this is a pro-Ticketmaster, pro-Google, pro-Apple, and pro-UnitedHealth agenda," Morgan Harper, director of policy and advocacy at the American Economic Liberties Project (AELP), said in a statement.
"This is a pro-Ticketmaster, pro-Google, pro-Apple, and pro-UnitedHealth agenda."
In addition to the budget cut, the bill contains one rider that would cap the amount of fees the Antitrust Division gets from the bipartisan Merger Filing Fee Modernization Act and another that would effectively ban the agency from hiring more staff.
The proposed bill "would openly and deliberately disregard the will of Congress by limiting the DOJ's access to these funds," AELP said, arguing that House Republicans "want monopolists to win."
"With cases against some of the biggest monopolies in the economy already in progress or looming, the additional funds would allow the division to hire more attorneys and staff to effectively enforce the law," the group added.
According to Harper:
Despite having even fewer attorneys than it did in the 1970s, [Assistant Attorney General] Jonathan Kanter's Antitrust Division is securing unprecedented wins to turn the tide on market concentration across the economy. Appropriators should be bolstering the Antitrust Division in this moment, not kneecapping it by limiting hiring and reducing funds Congress authorized through the Merger Filing Fee Modernization Act.
"House Democrats must take a firm stand against this problematic proposal and offer an amendment in markup to give the Antitrust Division the resources necessary to enforce the law," Harper added.
The GOP proposal comes amid a flurry of antitrust action by the Biden administration, whose DOJ has investigated UnitedHealth Group, the world's largest health insurance company, and sued Apple, Google, and Ticketmaster. Meanwhile, the Federal Trade Commission under Chair Lina Khan has taken on Amazon and other corporations.
"The DOJ Antitrust Division has won victories in court against employers that sought to suppress workers' pay and blocked harmful mergers in the airline industry," Congressional Progressive Caucus Chair Pramila Jayapal (D-Wash.) said while addressing U.S. Attorney General Merrick Garland during a hearing earlier this month.
"You're working to lower food prices by targeting anti-competitive practices and mergers in the grocery industry and the meat processing industry, and the Antitrust Division successfully ended a price fixing scheme in DVD and Blu-ray sales and prevented video game companies from suppressing wages in e-sports," she continued.
"These are incredible accomplishments, and you're also working to promote competition in the live music industry," Jayapal added, referring to the lawsuit
filed last month by the DOJ and 30 state attorneys general against Live Nation and its Ticketmaster subsidiary.