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On Criminal Justice, President Trump Walks The Walk For African Americans

- July 25, 2019

 

Meanwhile, Democrat Candidates For President Such As Joe Biden, Kamala Harris And Pete Buttigieg Will Talk The Talk But They Have Spent Their Careers Pushing Criminal Justice Reform Backwards

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The Facts:

WHILE BIDEN BACKTRACKS ON HIS HARDLINE STANCES ON CRIMINAL JUSTICE REFORM AHEAD OF TODAYS NATIONAL URBAN LEAGUE CONFERENCE, PRESIDENT TRUMP IS HELPING REVERSE BIDEN'S LEGACY OF MASS INCARCERATION

Today, former Vice President Joe Biden, Sen. Kamala Harris and Mayor Pete Buttigieg will speak at the National Urban League annual conference

Ahead of today's National Urban League conference, Joe Biden announced a plan for criminal justice reform that would roll back many laws he pushed for while in the Senate.

While in the Senate, Joe Biden bragged that "every major crime bill" has had his name on it, and he was instrumental in passing a 1994 crime bill that experts say "helped lay the groundwork for the mass incarceration that has devastated America's black communities."

President Trump has made reforms to Biden's damaging policies including easing minimum sentences for nonviolent offenders and enabling those sentenced under mandatory minimums to have their sentence re-evaluated.

Thanks to the First Step Act, thousands of Americans have been released from prison, including more than 2,000 who have benefitted from the easing of harsh mandatory minimums pushed by then-Senator Biden

WHILE PRESIDENT TRUMP HAS MADE ISSUES IMPORTANT TO THE AFRICAN AMERICAN COMMUNITY LIKE CRIMINAL JUSTICE REFORM A PRIORITY, DURING PETE BUTTIGIEG'S TIME AS MAYOR OF THE SOUTH BEND HE DID THE OPPOSITE

2020 Democrat Presidential candidate Pete Buttigieg has been repeatedly criticized for his relationship with African-American voters that stems back to his time as mayor of South Bend where he tore down houses in minority communities and fired the African American police chief.

KAMALA HARRIS MAY PUSH CRIMINAL JUSTICE REFORM DURING HER PRESIDENTIAL CAMPAIGN BUT LIKE BIDEN HER TRACK RECORD CONTRADICTS HER CURRENT POLICIES

As Attorney General of California, Kamala Harris' office fought to keep inmates locked up in overcrowded prisons so they could be used for cheap labor .

While Kamala Harris has fought to keep non-violent offenders in prison, President Trump has worked to fight the plague of mass incarceration.

Harris also fought to kill Proposition 19 in 2010, a measure that would have legalized marijuana for recreational use, though she now supports federal legislation that would do just that.

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WHILE BIDEN BACKTRACKS ON HIS HARDLINE STANCES ON CRIMINAL JUSTICE AHEAD OF TODAY'S NATIONAL URBAN LEAGUE CONFERENCE, PRESIDENT TRUMP IS HELPING REVERSE HIS LEGACY OF MASS INCARCERATION

Today Former Vice President Joe Biden, Sen. Kamala Harris And Mayor Pete Buttigieg Will Speak At The National Urban League Annual Conference

Democrat Presidential Candidates Including Former Vice President Joe Biden, Sen. Kamala Harris And Mayor Pete Buttigieg Will Speak Today At The National Urban League Annual Conference In Indianapolis. "Presidential candidate and former Vice President Joe Biden will be speaking at this year's National Urban League annual conference in Indianapolis. The president of the local chapter, Tony Mason, confirmed to IndyStar on Friday that Biden will appear and speak at the conference on July 25. IndyStar has reached out to Biden's campaign for comment. Coming to Indy: Nancy Pelosi to join Pete Buttigieg as speaker at Indy's Young Democrats convention Other 2020 Democratic presidential candidates are slated to speak at the conference, including Sen. Kamala Harris of California and South Bend Mayor Pete Buttigieg. The national civil rights organization says Harris and Buttigieg will 'share their respective visions for a more just and equal America.'" ( The Indianapolis Star , 7/12/19)

"The New York City-Based National Urban League Is A Civil Rights Community Organization That Works To Promote Economic And Social Equality For People Of Color." "On July 24, 1994, Indianapolis welcomed the annual National Urban League conference. It will be doing the same thing this week, exactly 25 years later. The conference, which runs Wednesday through Saturday, is expected to draw 20,000 people from across the country and have a local economic impact of $10 million. More than 600 people are registered as volunteers for the conference. The New York City-based National Urban League is a civil rights community organization that works to promote economic and social equality for people of color. NUL's 90 affiliates in 36 states take turns hosting the annual conference. This year's conference theme is 'Getting 2 Equal: United Not Divided.'" ( Indianapolis Business Journal , 07/23/19)

In Advance Of Several Appearances In Front Of African American Voters, Including Today's Urban League Conference, Joe Biden Announced A Plan For Criminal Justice Reform That Would Roll Back Many Of His Hardline Senate Positions

Senator Joe Biden Was Sitting Directly Behind President Clinton "Flashing His Trademark Grin" Clinton Signed The New Violent Crime Control And Law Enforcement Act In 1994. "In September 1994, as President Bill Clinton signed the new Violent Crime Control and Law Enforcement Act in an elaborately choreographed ceremony on the south lawn of the White House, Joseph R. Biden Jr. sat directly behind the president's lectern, flashing his trademark grin. For Mr. Clinton, the law was an immediate follow-through on his campaign promise to focus more federal attention on crime prevention. But for Mr. Biden, the moment was the culmination of his decades-long effort to more closely marry the Democratic Party and law enforcement, and to transform the country's criminal justice system in the process. He had won." ( The New York Times , 6/25/19)

  • Earlier That Year Biden Bragged On Senate Floor That "Every Major Crime Bill Since 1976 That's Come Out Of This Congress, Every Minor Crime Bill, Has Had The Name Of The Democratic Senator From The State Of Delaware: Joe Biden." "'The truth is,' Mr. Biden had boasted a year earlier in a speech on the Senate floor, 'every major crime bill since 1976 that's come out of this Congress, every minor crime bill, has had the name of the Democratic senator from the State of Delaware: Joe Biden.'" ( The New York Times , 6/25/19)

Biden Now Faces Criticism For His Part In Supporting The Act Which As Criminal Justice Experts "Say Helped Lay The Groundwork For The Mass Incarceration That Has Devastated America's Black Communities." "Now, more than 25 years later, as Mr. Biden makes his third run for the White House in a crowded field of Democrats - many calling for ambitious criminal justice reform - he must answer for his role in legislation that criminal justice experts and his critics say helped lay the groundwork for the mass incarceration that has devastated America's black communities." ( The New York Times , 6/25/19)

Earlier This Year, In Advance Of His Speeches In Front Of The NAACP, Urban League And An Appearance With The Former Chairman Of The Congressional Black Caucus Cedric Richmond, Biden Released A Criminal Justice Reform Proposal That Seeks To Reduce Incarceration. "But on Tuesday, Mr. Biden, the former vice president, introduced a wide-ranging criminal justice reform proposal that his campaign said sought to reduce incarceration, and the toll it takes on poor communities and communities of color, at every stage, from addressing 'underlying factors' that start as early as childhood to calling for the elimination of the death penalty. The proposal comes before Mr. Biden is set to address two events this week focused on racial justice: a gathering of the N.A.A.C.P. in Detroit on Wednesday, and a conference of the National Urban League in Indianapolis on Thursday. On Tuesday, he will also tour a community-based center for underserved youth in New Orleans with his national campaign co-chair, Representative Cedric Richmond, the former chairman of the Congressional Black Caucus." ( The New York Times , 7/23/19)

  • The New York Times Reported Biden Was "Aiming To Reverse The Legacies Of The 1994 Crime Bill" By Eliminating Mandatory Minimum Sentencing, The Death Penalty And Other Positions He Embraced During His Senate Career. "Aiming to reverse the legacies of the 1994 crime bill, Mr. Biden called for eliminating discrepancies in sentencing between powder and crack cocaine and for the elimination of mandatory minimum sentencing, repeating and building on points he has made on the campaign trail. He also called for an end to cash bail. And the plan supports eliminating the death penalty through legislation at the federal level and incentives at the state level, a position that is a sharp departure from the position Mr. Biden vocally embraced in the 1990s and throughout his Senate career." ( The New York Times , 7/23/19)

President Trump Has Already Successfully Pushed For Criminal Justice Reforms To Joe Biden's Damaging Policies Including Easing Minimum Sentences For Nonviolent Crimes And Enabling Those Sentenced Under Racially Motivated Mandatory Minimums To Have Their Sentence Re-Evaluated

In December 2018, The Passage Of The Bipartisan First Step Act, A Law That Makes Important Criminal Justice Reforms, Was Called A "Significant Victory" For President Trump Who Has Made The Issue A Priority For His Top Advisors. "President Trump on Friday signed into law a bipartisan criminal justice reform bill after it overwhelmingly passed both chambers earlier this week. The bill, called the First Step Act, reduces mandatory minimum sentences in certain instances and expands on 'good time credits' for well-behaved prisoners looking for shorter sentences. It also instructs the Department of Justice to establish a risk and needs assessment system to classify inmate's risk and provide guidance on 'housing, grouping, and program assignment.' The Senate approved the bill in a vote of 87-12 on Tuesday while the House approved it 358-36 on Thursday, sending it to Trump's desk. The bill's passage was a significant victory for Trump and his son-in-law and senior adviser Jared Kushner, who was involved in negotiations over the bill. Criminal justice reform was one of Kushner's major policy goals since arriving in the White House." ( The Hill , 12/21/18)

  • The Legislation That Was "Overwhelmingly Approved" In The House, Represents "The Most Far-Reaching Overhaul Of The Criminal Justice System In A Generation." "In a ceremony at the White House, Trump touted the First Step Act a day after the House overwhelmingly approved the most far-reaching overhaul of the criminal justice system in a generation." ( The Washington Post , 12/21/18)

The First Step Act Shortens Mandatory Minimum Sentences For Nonviolent Drug Crimes And Provides Judges Greater Liberty To Go Around Mandatory Minimums. "In all, it includes four changes to federal sentencing laws. One would shorten mandatory minimum sentences for some nonviolent drug offenses, including lowering the mandatory 'three strikes' penalty from life in prison to 25 years. Another would provide judges greater liberty to use so-called safety valves to go around mandatory minimums in some cases. The bill would also clarify that the so-called stacking mechanism making it a federal crime to possess a firearm while committing another crime, like a drug offense, should apply only to individuals who have previously been convicted." ( The New York Times , 12/18/18)

The Bill Allows Offenders Sentenced Under Racially Motivated Mandatory Minimums To Petition For Their Cases To Be Re-Evaluated, Helping "Many African-American Offenders Who Were Disproportionately Punished For Crack Dealing While White Drug Dealers Got Off Easier For Selling Powder Cocaine." "Finally, the bill would allow offenders sentenced before a 2010 reduction in the sentencing disparity between crack and powder cocaine to petition for their cases to be re-evaluated. The provision could alter the sentences of several thousand drug offenders serving lengthy sentences for crack-cocaine offenses. That would help many African-American offenders who were disproportionately punished for crack dealing while white drug dealers got off easier for selling powder cocaine." ( The New York Times , 12/18/18)

The First Step Act Was Supported By Democrat And Republican Leadership, As Well As The ACLU, Conservative Groups And Several Law Enforcement Agencies. "It's supported by party leaders on both sides of the aisle, the ACLU, the Koch brothers, several law enforcement agencies and, as Rolling Stone learned Wednesday morning, a list of over 50 celebrities that have signed a letter addressed congressional leaders urging them to take the steps necessary to sign the bill into law before Congress breaks in mid-December." ( Rolling Stone , 11/14/18)

Thanks To The First Step Act, Thousands Of Americans Have Been Released From Prison And Given A Second Chance, Including More Than 2,000 Who Have Benefitted From The Easing Of Harsh Mandatory Minimums Pushed By Vice President Joe Biden In The Past

Nearly 3,100 Federal Inmates Were Released On Friday As A Recalculation Of The Number Of Days Inmates Accrue Each Year For Good Behavior That Was Applied Retroactively Under The First Step Act Took Effect. "Nearly 3,100 federal inmates will walk out of prison on Friday as a provision of the sweeping criminal justice reform act passed by Congress takes effect. The mass release -- the largest since the First Step Act was signed into law after a rare bipartisan push last year -- applies mostly to drug offenders and inmates serving sentences for weapons charges. It was initiated by a recalculation of the number of days inmates accrue each year for good behavior that was applied retroactively under the new law." ( CNN , 7/19/19)

The Department Of Justice Also Announced That $75 Million Was Being Redirected From Existing Justice Department Programs To Fund The First Step Act, Addressing Concerns By Liberals Who Questioned The Department's Commitment To Reform. "At a news conference at the Department of Justice Friday morning, Deputy Attorney General Jeffrey Rosen also announced that $75 million was being redirected from existing Justice Department programs to fund the First Step Act for the remainder of the fiscal year that goes through September, a move that could begin to allay the fears of some advocates who had questioned the department's commitment to reform." ( CNN , 7/19/19)

The First Step Act Is A Reversal Of Criminal Justice Policies, Including Those Pushed By Vice President Joe Biden In The 80's And 90's That "Advocated For The Harshest Punishments Possible For Offenders.. "The new law represents a sea change in criminal justice policy which once advocated for the harshest punishments possible for offenders, including non-violent drug addicts who were swept up in en mass during the crack epidemic of the 1980s and early 1990s. The reversal, largely driven by spiraling prison costs and racial disparities in the enforcement of such punitive measures has garnered support of an unusual political alliance that includes Sen. Cory Booker, D-N.J., who is seeking the Democratic presidential nomination, and the man he hopes to unseat, President Donald Trump." ( USA Today , 7/19/19)

Reforms Addressing The Disparity Between Sentencing For Those Who Sell Crack Compared To Powdered Cocaine Has Already Freed Over 1,000 Inmates And Led To Shorter Sentences For 1,600 Others. "The law gives judges more discretion in sentencing non-violent drug offenders, and eases some of the long mandatory-minimum sentences for convicts with only minor criminal records. It allows the government to more easily release seriously ill inmates and seeks to reconcile extreme sentencing disparities between people who sell crack compared to powdered cocaine. That provision alone has already freed 1,093 inmates and led to shorter sentences for 1,600 others. Most of those freed Friday, officials said, were released from halfway houses where they were completing the last portions of their sentences." ( USA Today , 7/19/19)

WHILE PRESIDENT TRUMP'S REFORMS HAVE ENDEARED HIM TO THE AFRICAN AMERICAN COMMUNITY, PETE BUTTIGIEG'S ACTIONS AS MAYOR OF THE SOUTH BEND HAD THE OPPOSITE EFFECT

Many African American Advocacy Groups Including The National Urban League Praised President Trump's First Step Act Including The National Urban League Itself

Many Advice Groups Pushed For The First Step Act Including The National Urban League Itself Whose President Marc Morial Who Praised The Bill. "Several advocacy groups, including #cut50, and national civil rights groups, including the National Urban League, have been a part of a massive push to get the legislation passed. 'It's been a long time in raising the awareness of how the system of mass incarceration is so destructive and needs to be fixed and reformed,' said Marc Morial, president of the National Urban League. 'There's been a lot of groundwork that has been laid over the years.'"

More Than 90% Of Individuals Whose Sentences Were Shortened Were African American And 98 Percent Were Male, Thanks To The Reset Of The Crack Cocaine Sentencing Disparity That Tackled The Disproportionate Racial Impact On Nonviolent Drug Offenders. "Over 91 percent of the individuals whose sentences were shortened were African American and 98 percent were male, the USSC said. The average age of those granted resentencing motions was 45 - and the average age at the time of the original sentence was 32. 'The 2010 re-set of the crack-powder cocaine disparity, under the Fair Sentencing Act passed that year, disparity was aimed at tackling the disproportionate racial impact on nonviolent drug offenders,' according to the Criminal Justice Network's Crime Report." ( The Charleston Chronicle , 7/21/19)

2020 Democrat Presidential Candidate Pete Buttigieg Has Repeatedly Been Criticized For His Poor Relationship With The African American Community Including Tearing Down Houses In Minority Communities And Firing South Bend's African American Police Chief

South Bend Tribune Headline: "Buttigieg Record With Black South Bend Residents Under Spotlight. 'He's Got Some Work To Do.'" ( South Bend Tribune , 4/22/19)

New York Times Headline: "Pete Buttigieg Fired South Bend's Black Police Chief. It Still Stings." ( New York Times , 4/19/19)

Politico Headline: "Buttigieg Confronts His Black Voter Problem" ( Politico , 5/6/19)

Buzzfeed Headline: "What Happened When Pete Buttigieg Tore Down Houses In Black And Latino South Bend" ( Buzzfeed , 4/9/19)

In May 2019, It Was Reported That A Poll Of South Carolina Democratic Voters Showed Buttigieg With Zero Percent Support Amongst African American Voters. "But the disparity in support is particularly acute for Buttigieg. In a new poll of South Carolina Democratic voters conducted by the Post and Courier, Buttigieg grabs 8 percent of the vote, tied with Elizabeth Warren for fourth place. Kamala Harris, meanwhile, earns 10 percent and Bernie Sanders 15 percent, while Biden leads overall with 46 percent. Buttigieg's support, though, was at 18 percent among white voters-and zero among black voters." ( Slate , 5/13/19)

  • Buttigieg On His Favorability Among Minorities: "I Need Help." "During his tour of South Carolina last week, South Bend, Indiana, Mayor Pete Buttigieg held a town hall at North Charleston High School, where the student body is 83 percent black in a city that is 47 percent black. According to a Politico reporter who was on the scene, 'very few people of color' showed up in the sizable crowd. At a separate event in Orangeburg, where 76 percent of the population is black but 76 percent of Buttigieg's audience was not, the candidate acknowledged the obvious. 'I need help,' he said, just as in North Charleston when he implored attendees to 'find people who perhaps do not look like you and make sure that they are aware of this message and they are communicating to us how this campaign can best speak to them.'" ( Slate , 5/13/19)

KAMALA HARRIS MAY PUSH CRIMINAL JUSTICE REFORM NOW BUT LIKE BIDEN HER SHE HAS A LONG HISTORY OF HARDLINE STANCES ON INCARCERATION AND DRUG POLICY

While President Trump Has Fought To Reduce Incarceration, As Attorney General Of California Harris' Office Tried To Keep Inmates Locked Up In Overcrowded Prisons So They Could Be Used For Cheap Labor

During Sen. Kamala Harris' Time As Attorney General Of California, Lawyers From Her Office Tried To Keep Non-Violent Offenders In Prison For Cheap Labor. "Ordered to reduce the population of California's overcrowded prisons, lawyers from then-California Attorney General Kamala Harris' office made the case that some non-violent offenders needed to stay incarcerated or else the prison system would lose a source of cheap labor. In 2011, the Supreme Court ruled in Brown v. Plata that California's prisons were so overcrowded that they violated the Constitution's prohibition of cruel and unusual punishment. Three years later, in early 2014, the state was ordered to allow non-violent, second time offenders who have served half of their sentence to be eligible for parole." ( The Daily Beast , 2/11/19)

Harris' Lawyers Argued That "If Certain Potential Parolees Were Given A Faster Track Out Of Prison, It Would Negatively Affect The Prison's Labor Programs." "According to court filings, lawyers for the state said California met benchmarks, and argued that if certain potential parolees were given a faster track out of prison, it would negatively affect the prison's labor programs, including one that allowed certain inmates to fight California's wildfires for about $2 a day." ( The Daily Beast , 2/11/19)

"Extending 2-For-1 Credits To All Minimum Custody Inmates At This Time Would Severely Impact Fire Camp Participation-A Dangerous Outcome While California Is In The Middle Of A Difficult Fire Season And Severe Drought." "'Extending 2-for-1 credits to all minimum custody inmates at this time would severely impact fire camp participation-a dangerous outcome while California is in the middle of a difficult fire season and severe drought,' lawyers for Harris wrote in the filing, noting that the fire camp program required physical fitness in addition to a level of clearance that allowed the felon to be offsite." ( The Daily Beast , 2/11/19)

Her Lawyers Also Said That Draining Prisons of "Minimum Custody Inmates" Would Deplete The Labor Force. "Not only that, they noted, draining the prisons of 'minimum custody inmates' would deplete the labor force both internally and in local communities where low-level, non-violent offenders worked for pennies on the dollar collecting trash and tending to city parks. A federal three-judge panel ordered both sides to confer about the plaintiffs' demands, and the state agreed to extend the 2-for-1 credits to all eligible minimum-security prisoners." ( The Daily Beast , 2/11/19)

Harris Claimed She Was "Shocked" By The Argument And Said She Directed The Department's Attorneys Not To Make That Argument Again. "Harris, for her part, told BuzzFeed News two months after the arguments were made on her behalf, that she was 'shocked' by the argument, telling the publication she was looking into it. Asked about the case this week, Harris's presidential campaign said she took action. 'As she said at the time, Senator Harris was shocked and troubled by the use of this argument. She looked into it and directed the department's attorneys not to make that argument again,' said spokesman Ian Sams. 'Her office, on behalf of the state corrections' department, then came to the table with the plaintiffs' representatives to negotiate an agreement, which the court subsequently approved, that led to an expansion of the 2-for-1 credits.'" ( The Daily Beast , 2/11/19)

Harris Also Fought To Oppose The Legalization Of Marijuana In California In 2010, Though She Now Pushed Federal Legislation To Decriminalize It And Expunge Marijuana Related Convictions

During A 2010 Attorney General Debate, Harris Opposed Proposition 19 And Refused Give A Definitive Answer On How She Would Defend It If It Passed In Court. "Both Cooley and his Democratic opponent Kamala Harris, San Francisco's district attorney, are opposed to Prop. 19, and both refused to give a straight answer in a debate earlier this month as to whether they would defend the initiative in court should it pass. Cooley, however, 'strongly suggested he wouldn't be carrying the banner for Proposition 19 as a defender of voter-approved recreational weed,' the Sacramento Bee reported." ( CBS News , 10/26/10)

Harris Joined Schwarzenegger, Governor Jerry Brown, Boxer, And Feinstein In Opposition To Proposition 19. "Schwarzenegger as well as current Gov. Jerry Brown, Sens. Barbara Boxer and Dianne Feinstein and current Atty. Gen. Kamala Harris opposed it. Polling showed declining support and ultimately the proposition failed, 53.5% to 46.5%." ( Los Angeles Times , 11/4/16)

Proposition 19 Would Have Allowed Adults Over 21 Years Old To Purchase, And Grow, A limited Amount Of Marijuana For "Personal Use" In The State Of California. "Proposition 19 would allow adults 21 years and older to purchase and grow a limited amount of marijuana 'for personal use.' It prohibits public use and gives local governments the authority to tax the sale of cannabis and to regulate potential abuse." ( Capitol Weekly , 7/22/10)

In 2010, Harris Called Proposition 19 "Flawed Public Policy." "San Francisco District Attorney Kamala Harris, a candidate for state attorney general who supports medical marijuana use, has spoken freely against Proposition 19, calling the initiative 'flawed public policy.' She sees the debate over Proposition 19 as primarily a public safety issue." ( Capitol Weekly , 7/22/10)

Harris' Campaign Manager Brian Brokaw Claimed Harris Supports Medical Marijuana, But Nothing Beyond That. "Spending two decades in court rooms, Harris believes that drug selling harms communities," says Harris' campaign manager Brian Brokaw. 'Harris supports the legal use of medicinal marijuana but does not support anything beyond that.'" ( Capitol Weekly , 7/22/10)

This Week, Sen. Kamala Harris Announced She Would Sponsor That Would Decriminalize Marijuana On The Federal Level And Expunge Low-Level Marijuana Possession Convictions. "On Tuesday, Senator and Democratic presidential candidate Kamala Harris announced that she is teaming up with House Judiciary Chair Jerry Nadler to co-sponsor the MORE Act of 2019, a bill that would decriminalize marijuana on the federal level and expunge low-level marijuana possession convictions. If enacted, the bill would also provide grants to members of communities of color, in an attempt to reverse decades of damage that cannabis criminalization has done to those communities." ( Rolling Stone , 7/23/19)


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