“After President Joe Biden nominated Ketanji Brown Jackson for the Supreme Court, Reason’s Damon Root noted that she “has shown admirable judgment in criminal justice cases.” One especially telling example is Jackson’s handling of people charged with possessing or sharing child pornography, who face absurdly long sentences under federal law even when they have never committed any offenses involving contact with a victim.
Questioning those sentences is politically perilous, since people tend to erroneously assume that anyone who looks at such pictures is a current or future child molester. Yet as a judge on the U.S. District Court for the District of Columbia, Jackson frequently imposed sentences below the range recommended by federal guidelines. Sen. Josh Hawley (R–Mo.), a former Missouri attorney general, thinks those decisions reveal an “alarming pattern” of “sentencing leniency for sex criminals,” whom he equates with “child predators.”
Hawley has no idea what he is talking about. His mindlessly punitive attitude elides crucial distinctions and ignores the fact that many federal judges agree with Jackson that the recommended sentences for possessing child pornography are frequently excessive.
Jackson, who is currently a judge on the U.S. Court of Appeals for the District of Columbia Circuit, was a member of the U.S. Sentencing Commission (USSC) from 2009 to 2014. During that time, Jackson recognized that people caught with child pornography do not necessarily pose a threat to public safety. Hawley cites a hearing at which Jackson said she had mistakenly “assumed that child pornography offenders are pedophiles” and was “trying to understand this category of nonpedophiles who obtain child pornography.”
While Hawley implies that Jackson’s interest in this subject is clearly crazy, it is consistent with research that underlines the importance of a distinction that Hawley ignores in his haste to score cheap political points. As Karl Hanson, a senior research scientist at Public Safety Canada and a leading expert on sex offenders, told me more than a decade ago, “there does exist a distinct group of offenders who are Internet-only and do not present a significant risk for hands-on sex offending.”
Recidivism research supports that observation. A 2021 USSC study, for example, tracked 1,093 nonproduction child pornography offenders who were released from prison in 2005. Three years later, it found, 3.3 percent had been arrested for a “non-contact sex offense” (which would include possession of child pornography). Just 1.3 percent had been arrested for a “contact sex offense.” Even allowing for crimes that were not reported, these finding suggests this category of sex offenders is far less dangerous than people commonly imagine.
Hawley is completely uninterested in such findings. He even faults Jackson for referring to “less-serious child pornography offender[s],” a complaint that bizarrely implies there are no differences among such defendants that might be relevant to the punishment they receive. As far as lawmakers like Hawley are concerned, there is no such thing as an excessively severe sentence for possessing child pornography.”
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“In fiscal year 2019, the USSC found, 59 percent of nonproduction offenders received sentences below the guideline range, compared to less than 16 percent in FY 2005. “There had been a steady increase in the percentage of sentences imposed below the applicable guideline range in non-production child pornography cases,” the USSC notes, “which indicate[s] that courts increasingly believed the sentencing scheme for such offenders was overly severe.”
In other words, the downward departures that Hawley presents as aberrant, marking Jackson as especially soft on “sex criminals,” are actually typical.”
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“Hawley’s case against Jackson is based entirely on the unquestioned assumption that the current sentencing scheme is just and that any downward deviations from it must be inappropriately lenient. He cites one defendant, for example, who “had more than 600 images and videos and posted many on a public blog.” The guidelines recommended a sentence of 151 to 188 months, but “Judge Jackson settled on 60 months, the lowest possible sentence allowed by law.”
While a sentence of 12 to 15 years might be appropriate (or even too lenient) for someone who sexually abuses a child, Hawley thinks it’s obviously just for a defendant whose crimes consisted of nothing more than collecting and sharing images of such abuse. He likewise thinks it’s obvious that a five-year sentence for such conduct is akin to a slap on the wrist. Many people, including many federal judges, disagree.
Hawley’s sense of justice does not even comport with the views of average citizens who serve on federal juries. In a 2014 case involving a defendant who was caught with 1,500 child porn images on his computer, for example, James Gwin, a federal judge in Cleveland, asked the jurors what they thought an appropriate sentence would be. On average, they recommended a prison term of 14 months—far shorter than the mandatory minimum (five years), the sentence recommended by prosecutors (20 years), and the term indicated by federal sentencing guidelines (27 years).
Taking a cue from the jury, Gwin sentenced the defendant to five years, the minimum required by statute, which was one-quarter the term that prosecutors wanted but still four times longer than the jurors deemed fair. No doubt Hawley would consider five years insufficient in that case as well. But he does not bother to defend that position, except by lazily and ignorantly classifying all such defendants as “sex criminals” who are “preying on children.”
As a federal judge in Iowa, Mark W. Bennett likewise found that jurors did not agree with the sentences that Hawley believes are self-evidently appropriate. “Every time I ever went back in the jury room and asked the jurors to write down what they thought would be an appropriate sentence,” Bennett told The Marshall Project’s Eli Hager in 2015, “every time—even here, in one of the most conservative parts of Iowa, where we haven’t had a ‘not guilty’ verdict in seven or eight years—they would recommend a sentence way below the guidelines sentence. That goes to show that the notion that the sentencing guidelines are in line with societal mores about what constitutes reasonable punishment—that’s baloney.””
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“”Protecting the most vulnerable shouldn’t be up for debate,” Hawley says. “Sending child predators to jail shouldn’t be controversial.” But the issue is not whether “child predators” should go to jail. It is whether defendants who are not “child predators” should be imprisoned for, say, 14 months (as the jurors in the Ohio case recommended), five years (the mandatory minimum in that case), or, as Hawley presumably would prefer, the 27 years recommended by federal sentencing guidelines.”
“The grinding battle over congressional redistricting is drawing to a close. And, contrary to expectations that the process would result in big Republican gains, the final House of Representatives map may well improve somewhat for Democrats.
The main reason is gerrymandering — redrawing of district lines for partisan benefit. Republicans built on their existing gerrymanders to try to expand their House advantage, but Democrats fired back even more powerfully with gerrymanders of their own.
Basically, Democrats saved themselves by resorting to a tactic they’ve previously denounced as not only unfair but downright unethical — House Speaker Nancy Pelosi called gerrymandering “unjust and deeply dangerous” in 2019. But in the absence of national reforms banning the practice, refusing to gerrymander would have meant effective unilateral disarmament, ceding the GOP a significant advantage in the battle for control over the House.
Redistricting has proceeded like a tug of war. As state legislatures, judges, and commissions have approved new maps, creating more safe or swing districts in various states, the underlying partisanship of the median House district has been pulled in one direction, and then the other. The most powerful pulls came from either state legislatures that gerrymandered, or state courts that struck down certain gerrymandered maps”
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“it’s entirely possible, perhaps likely, that Democrats will still lose badly in House elections this fall — the party has a small majority, President Biden is unpopular, and the historical pattern is for the incumbent’s party to struggle in the midterms. But unlike much of the previous decade, the underlying map may be at least somewhat less biased in Republicans’ favor.”
“He helped sink one of Joe Biden’s labor nominees, pushed the president to open new drilling in the Gulf of Mexico and hammered the administration over lifting pandemic-era restrictions on the southern border.
No, it’s not a Republican. It’s Mark Kelly.
The Arizona Democratic senator is breaking palpably with the president as he pursues a full six-year term this fall in a once-reliable red state that’s recently become fertile territory for Democrats. Though Kelly has at times sought distance from the president on the border and economic issues during his 16 months in Congress, his recent run of schisms with the White House demonstrates that it’s not just Sen. Kyrsten Sinema (D-Ariz.) calling her own shots in the Copper State.”
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““I tell them when I think they’re not getting stuff right, like in this case. There’s no plan,” Kelly said in an interview, referring to the Title 42 rollback.
He added that he’s talked extensively to the White House and Homeland Security Department: “They understand that this is a real concern and they’re putting together a plan, I just haven’t seen a plan that looks sufficient.””
“The House committee investigating the January 6, 2021, attack seems to be building toward a conclusion that former President Donald Trump broke the law, and developments in recent days have intensified questions about his potential criminal exposure.
On Tuesday, the Washington Post reported that White House records of Trump’s calls on the day of the attack, which had been turned over to the January 6 committee, had a gap of seven hours and 37 minutes in which no calls were listed. Speculation abounded from investigators and commentators that Trump used unofficial “burner phones” on that day to avoid leaving a paper trail with the federal government records. (Trump denied knowing what a burner phone is.)
Meanwhile, earlier in the week, a federal judge took stock of the January 6 committee’s argument that Trump had committed crimes connected to that day’s events — and found them persuasive. As part of a ruling in a civil lawsuit over whether Trump’s lawyer had to turn over some records to the committee, the judge wrote that Trump “more likely than not” committed both obstruction and conspiracy as he tried to impede Congress’s count of the electoral votes, and harshly condemned his actions. This is just one judge’s opinion, but it was a vote of confidence in the case the committee seems to be building.”
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“Given that there are multiple reports about Trump making or receiving calls during this time span, it seems obvious the official records are incomplete. Trump may have used his aides’ phones to speak to others. But Woodward and Costa also report that the committee is investigating whether Trump deliberately used cheap “burner phones” that could be used temporarily and then disposed of, therefore avoiding an easily documentable paper trail.
Trump responded with a statement claiming he had “no idea what a burner phone is, to the best of my knowledge I have never even heard the term.”
But former national security adviser John Bolton told Costa he had heard Trump use the term “burner phones” several times and that Trump fully understood what they were used for. And Hunter Walker wrote for Rolling Stone back in November that some organizers of the pro-Trump rally in Washington, DC, on January 6 had obtained burner phones to contact Trump’s team and even members of the Trump family.”
“The US House committee investigating the January 6, 2021, attack on the Capitol and the Trump White House’s role in it is charging ahead. But — thanks in part to the limited power of congressional inquiries — the success of their next steps depends on the Justice Department.
And at least right now, the committee appears to be losing faith in that department, and specifically in Attorney General Merrick Garland, who has thus far been reluctant to prosecute high-ranking Trump administration officials who’ve stonewalled the committee. Several members of the committee criticized Garland for failing to prosecute at least one former top Trump aide whom Congress voted to hold in contempt. In the words of Rep. Elaine Luria (D-VA), “Attorney General Garland, do your job so we can do ours.”
The committee also voted unanimously..to hold two former Trump White House aides in contempt of Congress. The former aides, trade adviser Peter Navarro and social media director Dan Scavino, both refused to comply with a subpoena seeking documents and testimony.
In the likely event that the full House agrees that the two men should be held in contempt, both could be fined and face up to a year of incarceration — though the decision whether to prosecute the two former White House aides will be made by the Justice Department and not by Congress.”
“Recent progress on criminal justice reform indicates that there’s still bipartisan interest in narrower policies.
Republicans’ backing for the Equal Act — a pretty limited bill — is still significant. It’s not yet clear if the legislation will move forward in the Senate, though it now has sufficient Republican support.
In the past, Republicans have similarly been open to very targeted policies.
The First Step Act, for example, enables just a subset of federal inmates to shorten their sentences. Other more ambitious reforms, meanwhile, have floundered.”
“The historical pattern is clear, and ominous for Joe Biden and Democrats this year: The president’s party usually does poorly in midterm elections.”
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“Some theories focus on lower turnout among the president’s supporters. Others emphasize the public’s tendency to sour on an incumbent president. They may both be correct to some extent.
Other theories focus on why some presidents tend to do worse than others in midterms. Maybe the results are mainly about presidential approval these days. Or maybe they’re about the economy or, more specifically, real personal income growth. Some national crises, like 9/11, are associated with unexpectedly strong midterm performances for the president’s party — but others are associated with blowout defeats.
None of these signs are looking great for President Biden right now. His approval rating is the second-lowest of any president’s at this point in their presidency since modern polling came into use. The economy is booming by some metrics, but inflation is at a 40-year high and eating into voters’ spending power. The country is still in the midst of the pandemic, but Biden hasn’t unified the country around his leadership.
There’s no one weird trick that can guarantee midterm success, or one theory to perfectly explain every midterm result. But there are several that, considered together, go a long way toward helping explain why this so often happens — and what November’s midterms might herald for Biden.”
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“The trend predates World War II, so it’s not about recent developments. It happens in states (the governor’s party usually loses seats in off-year legislature elections), so it’s not just about the presidency. It’s not just an American phenomenon, either. “It also occurs internationally in systems where there is a chief executive election separate from a midterm,””
“The roughly $10 billion in pandemic aid the Senate is preparing to vote on after a weekslong impasse will keep the nation’s testing, treatment and vaccination programs afloat for only a couple months, lawmakers, Biden administration officials and public health experts warn.”
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“This round of funding — if it can pass the House and Senate — would help restart key Covid-19 programs that recently ran out of resources, including the development of future variant-specific vaccines and federal government purchases of drugs for people at risk of hospitalization.
But the package was whittled down from more than $30 billion federal officials originally argued was needed to $22.5 billion the White House pitched to Capitol Hill last month to $15.6 billion congressional leaders tried to attach to the 2022 spending bill.
Now, $10 billion is on the table and the money for the global vaccination effort and for testing, treating and vaccinating the uninsured was dropped, all but guaranteeing the Biden administration will shortly need Congress to do this all over again.”
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“Public health leaders warn that these short-term bursts of cash are creating gaps in preparedness, leaving millions vulnerable to a new Covid surge.”
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“with no global money in the current deal, policymakers fear the disruption to the U.S.’ pandemic work overseas will continue indefinitely.
“Doing nothing to slow the global spread of COVID-19 is foolhardy,” Senate Appropriations Chair Patrick Leahy (D-Vt.) warned Monday. “As the virus continues to mutate and wreak havoc overseas, more Americans will become sick and die.”
For months, officials at the U.S. Agency for International Development have warned lawmakers that they would soon run out of money to help facilitate vaccinations in low- and middle-income countries, and advocated for at least $19 billion for the global Covid fight.”
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“On the domestic front, the funding delays have forced the federal government to halt purchases of enough additional booster doses for all Americans and slash the purchase and distribution of monoclonal antibody treatments and antiviral pills for high-risk Covid patients. It has also disrupted research into new treatments and cut off reimbursements to doctors around the country for testing, treating, and — as of Tuesday — vaccinating the uninsured. Even if Congress manages to approve the funding this week, public health experts say, there’s a good chance all of these threats will reemerge in just a few months, damaging the stability and continuity of their fight against the virus.”
“the latest CR means that government agencies are still operating on a budget from December 2020. Not only is that budget insufficient to meet the funding needs of major portions of the government, such as the Defense and Transportation departments, but the use of the CR prevents the implementation of new programs from legislation Congress has already passed, like the infrastructure bill. Without individual appropriations bills or an omnibus bill that accounts for all of the programs and funding needed for different agencies, the government can’t get started on a number of major projects despite the clear need for infrastructure upgrades and bipartisan support for the legislation.”
“Congress’s dependence on CRs is due to lawmakers’ inability to agree on full-year appropriations bills.
Congress’s actual deadline for passing appropriations legislation is at the end of September each year. Because bills from the previous year expire at that time, lawmakers need to approve a new set of 12 appropriations bills to fund federal agencies and make sure the government doesn’t run out of money. (If the government runs out of money and shuts down, agencies are forced to furlough employees and reduce their services.)
Had these bills passed on time, all spending would have been approved last fall. Instead, because Democrats and Republicans couldn’t come to an agreement, they passed a short-term spending bill that gave them a new deadline in December. When they couldn’t reach an agreement then, they passed another short-term spending bill that postponed the deadline to February 18. And because of ongoing conflicts, they’re planning to pass one more short-term spending bill to give them until mid-March.
Whether lawmakers procrastinate again is an open question.”
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“Because Democrats control 50 Senate seats, but need 60 votes to pass the funding bills, members of the minority have leverage over what they’d like to see included.”