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.
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:
- Trafficking cocaine or
methamphetamines, even if convicted as a kingpin (18 U.S.C § 841(b)
- Strangling a spouse or an intimate
partner (18 U.S.C. §113(a)(8)
- Trafficking fentanyl, except in
rare cases (18 U.S.C. § 841(b))
- Providing or possessing contraband,
including firearms, in prison (18 U.S.C. § 1791)
- Felonies committed while in a
criminal street gang (18 U.S.C. § 521)
- Escape of prisoners (18 U.S.C. §
751)
- Rioting in a correctional facility
(18 U.S.C. § 1792)
- Importing aliens for prostitution
(18 U.S.C. § 1328)
- Assault with intent to commit rape
or sexual abuse (18 U.S.C. § 3559(c)(2)(F))
- Threatening to murder a
congressman, senator, or government official (18 U.S.C. § 115(a)(1)
- Drug-related robberies involving
assault with a dangerous weapon (18 U.S.C. § 2118(c)(1)
- Violent carjacking resulting in
serious bodily injury (18 U.S.C. § 2119(2))
- Stealing immigration documents for
the purpose of keeping an immigrant in slavery (18 U.S.C. § 1592)
- Attempt or conspiracy to engage in
human smuggling (18 U.S.C. § 1592)
- Failing to register as a sex
offender (18 U.S.C. § 2250)
- Arson (18 U.S.C. § 81)
- Blackmail (18 U.S.C. § 873)
- Domestic assault by an habitual
offender (18 U.S.C. § 117)
- Hate crimes (18 U.S.C. § 249)
- 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:
- Would you consider these low-level
or non-violent crimes?
- How can we trust the BOP to
correctly categorize who is high vs. low risk?
- 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?
- Why are obscure violations of the
Atomic Energy Code on the exclusion list but not these crimes?
- 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?
- Why have an exclusion list in the
first place if these crimes are missing from it?
- Can you promise that no offender
who commits these crimes will ever be released early?
- 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.
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