FIRST STEP Act: another report against it

This blog has posted several links concerning the FIRST STEP legislation on criminal justice reform.  In particular, I noted that two conservative columnists who are both strong supporters of legal immigration and law enforcement nevertheless disagree on the merits of this bill. Michelle Malkin supports it. Ann Coulter opposes it.

Now Matthew Boyle at Breitbart reports:

A Republican U.S. Senate document circulating among GOP offices opposed to the so-called FIRST STEP Act, a criminal justice reform bill making its way through Capitol Hill, lists 20 violent crimes that would be eligible for early release under the legislation.

. . .

The letter goes on to list the 20 violent crimes that would be eligible for early release under the bill:

1. Trafficking cocaine or methamphetamines, even if convicted as a kingpin (18 U.S.C § 841(b)
2. Strangling a spouse or an intimate partner (18 U.S.C. §113(a)(8)
3. Trafficking fentanyl, except in rare cases (18 U.S.C. § 841(b))
4. Providing or possessing contraband, including firearms, in prison (18 U.S.C. § 1791)
5. Felonies committed while in a criminal street gang (18 U.S.C. § 521)
6. Escape of prisoners (18 U.S.C. § 751)
7. Rioting in a correctional facility (18 U.S.C. § 1792)
8. Importing aliens for prostitution (18 U.S.C. § 1328)
9. Assault with intent to commit rape or sexual abuse (18 U.S.C. § 3559(c)(2)(F))
10. Threatening to murder a congressman, senator, or government official (18 U.S.C. § 115(a)(1)
11. Drug-related robberies involving assault with a dangerous weapon (18 U.S.C. § 2118(c)(1)
12. Violent carjacking resulting in serious bodily injury (18 U.S.C. § 2119(2))
13. Stealing immigration documents for the purpose of keeping an immigrant in slavery (18 U.S.C. § 1592)
14. Attempt or conspiracy to engage in human smuggling (18 U.S.C. § 1592)
15. Failing to register as a sex offender (18 U.S.C. § 2250)
16. Arson (18 U.S.C. § 81)       
17. Blackmail (18 U.S.C. § 873)
18. Domestic assault by an habitual offender (18 U.S.C. § 117)
19. Hate crimes (18 U.S.C. § 249)
20. Assaulting a law enforcement officer with a deadly weapon (18 U.S.C. § 111(b))

At that point, the GOP senate document lists a series of questions for proponents of the bill:

1. Would you consider these low-level or non-violent crimes?
2. How can we trust the BOP to correctly categorize who is high vs. low risk?
3. If the reasons these are not on the list is because they are obscure crimes, why is drug trafficking – the single most common offense – missing?
4. Why are obscure violations of the Atomic Energy Code on the exclusion list but not these crimes?
5. If you added provisions to the bill that Senator Booker and Democrats wanted, why won’t you add more violent crimes to the ‘exclusion from early release’ list that Republicans want?
6. Why have an exclusion list in the first place if these crimes are missing from it?
7. Can you promise that no offender who commits these crimes will ever be released early?
8. How many offenders are in prison for each of these crimes and how many will be eligible to be released into my home state?

The full report is here. There are questions about the source of the document, but if it’s reliable, it’s a frightening prospect. If you go to the Breitbart page, take a look at some of the reader comments.

# # #

Politically incorrect baker

Photograph forwarded on social media:

click to embiggen

# # #

That’s our Governor

A.F. Branco cartoons at Legal Insurrection

The blog Freedom’s Lighthouse posted a video on ABC News of our Governor earlier this week, along with these comments:

Oh my goodness. Here is John Kasich over the weekend saying he is “very seriously” considering running for President in 2020.

Kasich only won one state – his home state of Ohio – during the 2016 GOP Presidential Primaries against Donald Trump.

He then refused to support Trump in the General Election against Hillary Clinton and would not even attend the Republican National Convention held in his own state of Ohio. Totally despicable. But Trump won Ohio anyway!

Kasich here floats the possibility of running as a Third Party Candidate – essentially to be a spoiler, just to keep Trump from winning. He is a NeverTrumper and he would clearly rather see a radical Leftist Democrat win that see Trump get re-elected. What a buffoon.

Yup.

# # #

Twitter, Facebook, and The Thought Police

art credit: thebiganswer.info

Boris Zelkin at American Greatness cancelled his Twitter account:

This had been building for some time for two primary reasons. First, Twitter, like Facebook (which I had given up a few months ago), is a hate machine. Second, Twitter’s ever-changing terms of service and curiously selective enforcement of said terms via shadow and outright bans made it increasingly obvious that Twitter is less interested in real conversation than it is in kabuki theater conversation—censored one-sided shadow-boxing—replacing freedom of speech with speech at the pleasure of one’s betters.

As such, Twitter has became a platform I can no longer support with my participation.

From my perspective, participation on a platform that actively censors political speech, even when that participation consists of criticism the platform, is a tacit approval. Remember how you felt when you saw those “Occupy Wall Street” folks using iPhones to bemoan capitalism? That’s how I began seeing giving Twitter my voice, a voice that they could choose to either allow or silence if it became pesky or popular enough.

Richard Fernandez at PJ Media reports that Mr. Instapundit dropped his Twitter account:

Glenn Reynolds has deactivated his Twitter account, citing the banning of Jesse Kelly for no apparent reason as the immediate cause of his disillusionment with the platform. Explaining his decision, he wrote:

Why should I provide free content to people I don’t like, who hate me? I’m currently working on a book on social media, and I keep coming back to the point that Twitter is far and away the most socially destructive of the various platforms. So I decided to suspend them, as they are suspending others. At least I’m giving my reasons, which is more than they’ve done usually.

He may have beaten the digital bouncers to the door by only a little. The Thought Police are rushing to ensure that everyone toes the line. 

I found several supposed alternatives to Facebook here, but I had not heard of any of them. Any Tea Party people identifying any good alternatives?

# # #

Human nature and Western civilization

Art credit: bridgeguys.com

The Lady of the House at Bookworm Room has a lengthy review essay of a book by Steven Pinker, The Better Angels of Our Nature: Why Violence Has Declined (out in paperback in 2012), which considers the default conditions of human nature, development of Western civilization, and how those behaviors and developments are reflected in today’s political stand-offs. It’s a long but worthwhile read; click here. Lady Bookworm concludes:

It’s time for me to summarize what Pinker argues took humankind from a time of tremendous cruelty and violence to the world in which we live now. These factors were:

• The development of the nation-state, which quashed local warfare, whether it was the warfare of Stone Age tribesman or medieval warlords.
• The development of manners aimed at raising mankind above its animal nature.
• The development of commerce, which forced empathy upon those who wished to be successful.
• The rule of law, not in the form of the random tyranny of a police state, but in the form a stable judicial system that allows people to calculate in advance the cost of their actions, whether in the civil or the criminal context.
• And two more Bookworm additions: The decrease in alcohol consumption, because excessive alcohol intake brings people closer to their animal natures, and the premium placed upon electing mature, experienced people to positions of power.     

Today’s Leftists seek to destroy every single one of those civilizing influences:

• Leftists want to destroy borders, which ends the nation-state. Their optimistic ideal is one-world government under the U.N.’s aegis. The reality will be a retreat into the tribalism that was normative for most of human history and that is defined by almost unholy levels of violence and torture against perceived enemies.
• Leftists are breaking down all normative behavior (once called “manners”). Whether it’s screaming at conservatives in restaurants, attacking politicians in their homes, being obsessed with poop, destroying sexual norms (including have a lesbian smooch at the Thanksgiving Day parade, a venue in which no one previously smooched), chronic public nudity, or anything else that once held together civilized Western society, the Left is against it. (And please feel free to add to that list.)
• Leftists are irredeemably hostile to commerce. The Leftist dream is a tightly controlled socialist economy, although one in which the rich Blue Leftists, including Barack “at some point you’ve made enough money” Obama, will retain their wealth. Place Alexandria Occasional-Cortex and her ilk in charge of the American economy, and we will go backwards to a medieval time in which profit is evil, innovation is discouraged, lending money is impossible, and the empathy and cooperation that trade brought are gone. (By the way, the Koran makes usury illegal, which is one of the reasons Muslim majority countries are economically stagnant unless they have oil wealth.)   
• Leftists are hostile to the rule of law. As we see in everything from the Title IX travesties on college campuses to Justice Kavanaugh’s travails to the Obama judge’s attacks on Trump’s executive power, Leftists don’t believe in the equal application of the rule of law. To them, law is an instrument of power to be used, not to create reliability in both civil and criminal matters in order to guide people’s actions, but as a cudgel to enforce their power. In other words, their “law” is the law of tyranny, not of freedom. This hostility to the rule of law also shows itself in the whole “sanctuary city/state” notion and the tolerance for criminal homelessness, both of which have reduced large parts of California, once America’s most prosperous state, to Third World status.
• And finally, the Left has long been in the vanguard of two other trends: (1) Urging the middle class to use drugs that interfere with civilized behavior and functionality. Starting with the Hippies and their tuning in and dropping out and continuing with the binge drinking on Leftist-controlled college campuses and the push for recreational (as opposed to medicinal) pot, Leftists encourage behavior that decreases mankind’s connection to its human nature and brings it closer to its animal nature. (2) Turning political power over to young people, whether by decreasing the voting age or by championing practically prepubescent people in politics. Again, a perfect example is Occasional-Cortex, a woman with a dismal education and no life experience, who’s seen as the Great Hope for the Left.   

Bookworm’s full essay is here.

# # #

Another look at First Step Act

 image credit:rightoncrime.com

Yesterday, this blog linked to some information on the First Step Act, with support coming from Ken Blackwell and Pastor Darrell Scott, among others. On the other hand, Ann Coulter criticized the Act in pretty sharp terms. Then I came across Michelle Malkin’s analysis of the First Step Act; like Coulter, Malkin is tough on crime, immigration, and drug dealing, so I was interested to see that she supports the Act:

The package of criminal justice reform proposals endorsed by President Donald Trump is not “soft” on crime. It’s tough on injustice. And it’s about time.

Known as the “First Step Act,” the legislation confronts the Titanic failure of the federal government’s trillion-dollar war on drugs by reforming mandatory minimum sentences, rectifying unscientifically grounded disparities in criminal penalties for crack vs. powder cocaine users, and tackling recidivism among federal inmates through risk assessment, earned-time credit incentive structures, re-entry programs and transitional housing.

There’s nothing radical about giving law-breakers who served their time an opportunity to turn their lives around and avoid ending up back behind bars. More than 30 red and blue states have enacted measures to reduce incarceration, control costs and improve public safety. Texas — no bleeding-heart liberal mecca — spearheaded alternatives to the endless prison-building boom a decade ago by redirecting tax dollars to rehab, treatment and mental health services. The Lone Star state saved an estimated $3 billion in new public construction costs while stemming the prison population tide.

. . .

Despite staunch support from conservative Republican governors, prosecutors and law enforcement closest to the ground on this issue, the same hyperbolic talking points used by some immovable “law and order” opponents at the state level are now being used against First Step: Cops will be endangered, critics balk. Violent monsters will go free. Child predators and drug kingpins will flood our neighborhoods.

Scary, but deceptive. The plain language of the bill makes clear that its “early release” provisions must be earned. Moreover, as Utah GOP Sen. Mike Lee points out: “At all times the Bureau of Prisons retains all authority over who does and does not qualify for early release.” Former U.S. Attorney Brett Tolman, a veteran of the criminal justice system for 20 years, notes that inmates convicted of crimes of violence (including assaults on police), drug trafficking (including hardcore fentanyl and heroin dealing) and child pornography would not qualify for credits. Period. The list of ineligible prisoners is a mile long.

. . .

Critic Dan Cadman of the Center for Immigration Studies is not satisfied and argues that “the simplest way to make it a clean bill where immigration enforcement is concerned is to say at the beginning of the bill that ‘none of the sections that follow in this bill apply to incarcerated aliens.'” That should be a simple fix and is no reason to prevent First Step from moving to the Senate floor for vigorous debate.

Full article is here.

# # #

Ohio Issue #1 and the "First Step" proposal

On November 6, Ohio voters rejected Issue #1, an amendment that would have reduced the penalties for drug trafficking under Ohio law. Cleveland Tea Party blogs urged a “No” vote here, here, and here. 

The Trump administration is proposing reform to the federal criminal justice system that is running along parallel lines to Issue #1. Ken Blackwell reports:

The FIRST STEP Act is the beginning of a transformation of America’s federal criminal-justice system into what it should have always been: a system that makes America safer. This legislation unites conservatives, police and civil rights advocates, civil libertarians, business leaders and supporters of social justice. Supporting this legislation means supporting ideas that all Americans want - from police to Democrats to Republicans - an America that is fair, an America that puts Americans first, and that makes America safe. 

Blackwell concludes that “This is a law and order President who believes in justice and the First Step Act will get us closer to true justice.” Among those standing with President Trump at his press conference were Sen. Tim Scott and Pastor Darrell Scott.  But Ann Coulter vigorously disagrees, and she is not one to pull her punches:

In the systematic dismantling of common sense in America, Jared Kushner's "sentencing reform" bill is the coup de grace -- a Mack Truck hurtling down the highway about to take out thousands of Americans. The Idiot Army is already in place to fight and win this battle.

Jared and the hip-hop artists currently advising him have decided that too many people are in prison. If you think you've heard this before, you have: Genius insights of this sort have preceded nearly every major crime wave this country has experienced, from Philadelphia to California to a bloody period known as "the Warren Court."

. . .

We're incessantly told that sentences will be cut only for "nonviolent drug offenders."

If you are even passingly familiar with our justice system, you know that virtually everyone in prison is there as the result of a plea bargain -- "97 percent of federal cases and 94 percent of state cases," according to The New York Times.

You don't strike a deal with the prosecutor to plea to the worst crime you've committed. You plea to the least serious offense.

Coulter hammers both the facts and stats concerning previous crime waves, and she also directs her outrage at President Trump and his son-in-law. Whether she is correct in attributing a motive to Trump’s support of this initiative, her analysis of past efforts at criminal system reform is worth considering, and some of her arguments will resonate with those against Ohio’s Issue #1. (Full column by Ms. Coulter is here.)

# # #