Supporters and opponents of a Senate criminal justice reform bill will host dueling events next week in a bid to influence the measure, which has stalled in the Senate in the face of objections from conservatives.
Sen. Judiciary Committee Chairman Charles Grassley, R-Iowa, and Sen. Mike Lee, R-Utah, are co-sponsors of the Sentencing Reform and Corrections Act, which reduces prison time for some drug offenses and gives judges more sentencing discretion for non-violent offenses. They’ll be hosting a forum with former Attorney General Michael B. Mukasey, who served under President George W. Bush and has endorsed the Senate criminal justice reform measure.
The two are hoping to put pressure on the leadership to take up the bill some time this year. Criminal justice reform has strong Democratic support and the enthusiastic backing of President Obama.
But it has conservative opponents, and they’re hosting their own forum next week to keep up the drumbeat against the bill. Sens. Jeff Sessions, R-Ala., and Tom Cotton, R-Ark., will host a discussion called, “Sentencing and Corrections Reforms: The Risks We Take.”
The event promises a “critical” examination of the Senate bill “and why it makes us unsafe,” according to a press release.
The bipartisan Senate bill was introduced with great fanfare in October and follows similar efforts in the House, where the Judiciary Committee is working on a series of bills addressing criminal justice reform. But it’s also unclear if the bill can move in the House.
Majority Leader Kevin McCarthy, R-Calif., acknowledged this week that the bill enjoys bipartisan support. But he appeared in no hurry to get to the House series of bills, noting the calendar is shorter this year and the to-do list already lengthy.
“That’s a place where I think we can find consensus,” McCarthy said. “But, it doesn’t mean it has to be done. There are budget and appropriations that have to get done. I’m always of the belief that it is better to get something done right, than try to make a deadline.”
In the Senate, the bill is cosponsored by the Majority Whip, Sen. John Cornyn, R-Texas. But even with Cornyn on board, the bill hasn’t earned a guaranteed place on the calendar.
While it easily cleared the Senate Judiciary Committee last year, five conservative Republicans objected, including GOP presidential candidate Ted Cruz, of Texas, who this week won the GOP Iowa caucuses.
Cruz, the who served as the solicitor general in Texas, objects to the legislation because it would result in an early prison release for some criminals.
“An unfortunately high number of those offenders will commit subsequent crimes,” Cruz said. “And every one of us who votes to release violent criminals from prison prior to the expiration of their sentences can expect to be held fully accountable by our constituents.”
McConnell this week insisted Cruz’s objections to the bill have no influence on the Senate calendar, but he made no promises about putting the criminal justice bill on the floor for a vote. “I simply just haven’t made a decision yet, and I wouldn’t interpret that as either a yes or a no,” McConnell said.
McConnell said he wants to give lawmakers more time to study the legislation.
Sen. Orrin Hatch, R-Utah, who voted against it in committee, said he wants to shore up language on criminal intent, which he believes results in overcriminalization for “accidental conduct or for conduct that a reasonable person would not know was wrong.” Democrats oppose changing criminal intent statutes, or mens rea, because they believe it will make it harder to punish white collar and corporate crimes.
Sen. Elizabeth Warren, D-Mass., attacked Republicans for demanding a change to mens rea standard, and said it would help white collar criminals.
“That is shameful,” Warren said. “We are already way too easy on corporate law breakers.”
Despite the obstacles, Lee and Grassley are trying to rally fellow lawmakers behind their bill. The sent letters this week to fellow senators noting that 130 senior law enforcement officials back their proposal, “because federal sentencing reform will reduce both crime and unnecessary incarceration.”
