11-10-20 republicans block justice review proposal in senate - david rogers _ politico

8/3/2019 11-10-20 Republicans Block Justice Review Proposal in Senate - David Rogers _ POLITICO

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POLITICO I Congress I Republicans block justice review proposal in SenateRepublicans block justice reviewproposal in Senate

Kay Bailey Hutchison called the proposal 'an overreach of gigantic proportions.' IAP PhotoBy DAVID ROGERS 110/20 /11 4:02 PM EDT

Invoking "states rights" and the Constitution, Senate Republicans Thursdaytorpedoed an ambitious plan to create a national blue ribbon bipartisancommission to do a top-to-bottom review of the U.S. criminal justice systemand report back potential reforms in 18 months.The 57-43 roll call - three short of the 60 supermajority needed -dramatized again how politically divided the chamber has become.Listen (javascript:showOdiogoReadNowFrame ('101651,101652,101653,101654,101655',gop scuttlesjustice review in senate', '0', 530, 80);)Latest on POLITICOLibya to probe Qadhafi's death (http://www.politico.com/newslstoriesl1011/66705.html)Warren slips with 'landlocked' gaffe


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Almost identical legislation cleared the House in the last Congress on asimple voice vote with Republican backing and had been approved withbipartisan support in the Senate Judiciary Committee last year as well.Given endorsements from the American Bar Association and many policeand sheriffs organizations, proponents had hoped to clear the 60 votesupermajority required in the Senate. But under a barrage of last-minuteattacks, Republican support wilted. And the chief sponsor, Sen. Jim Webb(D-Va.), found himself deserted by even his long time associate and fellowVietnam veteran, Sen. John McCain (R-Ariz.)."We're not done," Webb told POLITICO. "There were very specificanswers to everything that was raised there. There is no states rights issuein convening the best minds in America to give you advice and observationsabout the overall criminal justice system.""I thought he was voting with us," Webb said of McCain. The ArizonaRepublican argued in a separate hallway interview that the state-rights


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complaint was valid and also took issue with how the 14-membercommission, seven Republicans and seven Democrats, would be chosen.Indeed, Republicans argued that the White House would have too muchinfluence, effectively creating a 9-7 majority for the administration. ButWebb said the specific language that one set of commission seats bechosen "in agreement" with the White House had been the exact phrasingchosen by the GOP. And Republicans are specifically promised controlover one of the two co-chairs.Sen. Kay Bailey Hutchison (R-Texas) took the lead in the GOP's attacks,describing the commission as "an overreach of gigantic proportions" and"not a priority in these tight budget times.""We're absolutely ignoring the U.S. Constitution if you do this," said Sen.Tom Coburn (R-Okla.) in closing. "We have no role unless we're violatinghuman rights or the U.S. Constitution to involve ourselves in the criminalcourt system or penal system in my state or any other state ... 1 would urge ano vote against this and honor our Constitution."The scene was in sharp contrast with events before the 2010 mid-termelections.In July that same year, nearly identical legislation sailed through the Housewith the backing of Hutchison's fellow Texan, Rep. Lamar Smith -nowchairman of the House Judiciary Committee. Support was so strong that thebill was called up under expedited proceedings and passed without anymember even demanding a recorded vote.By contrast, just four Senate Republicans backed Webb Thursday: Sens.Lindsey Graham of South Carolina, Orrin Hatch of Utah, Olympia Snowe ofMaine and Scott Brown of Massachusetts.Hatch is a former Senate Judiciary Committee chairman. And Graham, a


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close friend of McCain, is prominent as well on the committee whichreported a similar version of the bill in January last year - also before the2010 elections.

Individual Republican senators said they had come under pressure fromlocal district attorneys and judges in drug courts to oppose Webb. But theDemocrat countered that he had strong support from the drug courtjudiciary and the model for his proposal was the influential presidentialcommission on crime and the judicial system in the mid 1960's led by then-Attorney General Nicholas Katzenbach.Webb said that 40 years later it is reasonable to have a second review,especially given the high incarceration rate in the U.S. at a time or relativelylow crime rates."Our criminal justice system is broken in many areas," he told the Senate inhis own floor comments. "We need a national commission to look at thecriminal justice system from point of apprehension through reentry intosociety of people who have been incarcerated."Read more about:John McCain,Kay Bailey Hutchison,Senate Republicans,Jim WebbGet reporter alertsDavid Rogers

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October 21, 2011 Stay Connected: http://webb.senate.gov/

We will not back down. We will keep fighting.This vveek Republican Senators blocked an important opportunity to make our criminal justice system more fairand effective. They filibustered legislation I introduced to create a blue-ribbon, bipartisan commission of expertscharged with undertaking an 18-month, top-to-bottom review of the nation's criminal justice system and offeringconcrete recommendations for reform.Their inflammatory arguments defy reasonable explanation and vverecontradicted by the plain language of ourlegislation. To suggest, for example, that the non-binding recommendations of a bipartisan commission threatenthe Constitution is absurd.But vvehave been here before: In 2007, our soldiers and Marines vvere being deployed again and again,resulting in rising mental health problems and falling retention rates. On tv.u occasions, I offered legislationrequiring active-duty troops to have equal time at home as on deployment. On both occasions, RepublicanSenators blocked this sensible, time-honored policy.We did not back down. We kept fighting and vvechanged the debate. Today proper dvvell-time rotations are a toppriority at the highest levels of the Defense Department.Likewise, over the last five years vvehave put the issue of criminal justice reform on the national agenda andchanged the tone of the debate. When I f irst raised the issue in 2006, it was believed to be political suicide. Butafter years of building the case for reform, vvehave earned the trust and support of advocates across thephilosophical and political spectrum, including the National Sheriffs' Association, the International Association ofChiefs of Police, the U.S. Conference of Mayors, the Fraternal Order of Police, the Sentencing Project, theNAACP, the ACLU and Prison Fellowship.We will not back dOIMl. We will keeo fiahtina for a comorehensive review of the iustice svstem. with the haln of the
http://webb.senate.gov/http://webb.senate.gov/


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- _ . - - - . ~ - - - ~ - - . - o : : J ' o : : J ' . _ . - - _ . - . _ _ _ - _ _ _ - J-_._- -,J__ , - _.- _ -thousands of sheriffs, police, mayors and justice advocates who have joined us in pressing for reform.

What They're Saving about the National Criminal Justice Commission ActLAW ENFORCEMENT LEADERS:Chief Michael J. Carroll, International Association of Chiefs of Police (IACP) President, 2/24/2011:"For more than twenty years, the IACP has advocated for the creation of a commission that vvouldfollow in thefootsteps of the 1965 Presidential Commission on Law Enforcement and the Administration of Justice ... TheIACP believes that it is imperative that the National Criminal Justice Commission Act be approved in a timelyfashion. For far too long our nation's law enforcement and criminal justice system has lacked a strategic plan thatwill guide and integrate public safety and homeland security's effort in the years ahead."Chuck Canterbury, National President, Fraternal Order of Police, 2/16/2011:"The recommendations made by the 1965 commission provided the basis for a legislative overhaul andmodernization of the criminal justice system ... Law enforcement has changed a great deal in the last fewdecades. We believe that establishing a national commission ...will only help law enforcement officers do theirjobs more effectively, more, efficiently and more safely."Sheriff B.J. Roberts, President of National Sheriffs' Association (NSA), 2/15/2011:"Emerging issues in law enforcement, such as acts of terrorism and threats to homeland security, make thecreation of a national commission all the more necessary to ensure law enforcement. ..has the tools andknowledge necessary to adapt to the continually evolving justice system. The NSA commends Senator Webb onhis leadership on this critical issue and we look forward to vvorking with him to pass S. 306 during the 112thCongress."CRIMINAL JUSTICE EXPERTS:Charles Colson, Founder, Prison Fellowship, 7/22/2009:"I write this from the perspective of a conservative who has always been comfortable as a reformer ... I don'tbelieve this is an ideological issue at all, but one on which people of good will, conservative and liberal alike,could join forces to make prisons more effective, humane and successful, .. We will certainly give you all the helpwe can to build support for your legislation."Brian W. Walsh, The Heritage Foundation, 6/11/2009:"Reform experts who are serious about criminal-justice reform should draw encouragement from Senator Webb'sefforts to date to reach out to elected officials on both sides of the aisle and to criminal-justice reform advocatesacross the conservative-to-liberal spectrum."Marc Mauer, Executive Director of The Sentencing Project, 4/20/2009:"A new approach to crime prevention is necessary and the time for reform is upon us. The commission createdby this legislation vvouldestablish an organized and proactive approach to studying and advancing programs andpolicies that promote public safety, while overhauling those practices that are found to be fundamentally flawed ...We strongly urge passage of the National Criminal Justice Commission Act."Professor Charles J. Ogletree of Harvard Law School, 6/11/2009:"The comprehensive, timely, and important bill proposed by Senator JimWebb will go a long way towardaddressing some of the severe inequities in the criminal justice system. This effort should be pursued with greatvigor to ensure that we not only hold offenders accountable, but that we implement criminal justice policies thatare sensible, fair, increase public safety and make judicious use of our state and federal resources."Learn more about the National Criminal Justice Commission Act here:http://www.webb.senate.govlissuesandlegislationlcriminaljusticeandlawenforcementiCriminal Justice Banner.cfm.Read the POLITICO story here: http://www.politico.comineWS/storieS/1011/66491.html

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11-10-20 republicans block justice review proposal in senate - david rogers _ politico

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