Washington, DC–(ENEWSPF)–February 7, 2017
The Hill
Jeff Sessions will double down on failed drug war
By: Grant Smith, opinion contributor, February 2, 2017
With Jeff Sessions’ inching closer to becoming the next attorney general, concerns continue to mount that Sessions will use his newfound powers to escalate the failed war on drugs if confirmed.
These concerns are predicated on the fact that Sessions has shown an unflinching devotion throughout his career to drug policies that have fueled mass incarceration, gross racial disparities in the criminal justice system and the criminalization of people who struggle with addiction.
Sessions has long been a leading advocate for vigorous enforcement of harsh mandatory minimum drug sentencing laws that have exacerbated mass incarceration. As a federal prosecutor in Alabama, the Brennan Center for Justice found that 40 percent of his convictions were for drug related crimes, double the rate of other Alabama federal prosecutors.
Although in 2010 Sessions supported reducing the sentencing disparity between crack cocaine and powder cocaine, he opposed broader sentencing reform efforts
Sessions has also impeded popular bipartisan efforts in Congress to strengthen re-entry programs for incarcerated people returning to society.
In 2008, Senator Sessions used his privilege as a member of the Senate to hold up passage of the Second Chance Act, landmark re-entry legislation first proposed by President Bush, for weeks, and as recently as 2015, Sessions remarked that, despite solid evidence to the contrary, “(his) observation over the years of attempts to have education and other kind of character-building programs in prison before they are released doesn’t seem to have much benefit.”
Believing that the way to reduce demand for illicit drugs is by sending more people to prison, Sessions has long staked out a hardline position in favor of pushing aggressive law enforcement approaches over emphasizing treatment and recovery. “Having tough sentences is not bad,” said Sessions in 2008, “we have had a significant reduction in drug use in America …and violent crime is down, and a large part of that is tough sentences.”
Sessions applied the same logic to the opioid epidemic despite emerging political consensus that law enforcement should not arrest their way out of the opioid addiction issue. Sessions admonished colleagues for failing to lead with drug war tactics. “We can wish that we could just turn away and reduce law enforcement,” said Sessions speaking about the opioid epidemic in 2016, “But I do believe that we’re going to have to enhance prosecutions. There just is no other solution.”
Sessions has also hinted that people who struggle with addiction are better served by the criminal justice system than treatment and recovery programs. “You have to be able to arrest people and then you’re intervening in their destructive habit,” said Sessions in 2014.
“We can talk about making sure we have treatment and recovery for people who have been addicted, although many people never ever recover from addiction – except by the grave,” said Sessions during remarks given before a Senate vote on the Comprehensive Addiction and Recovery Act, a 2016 bipartisan opioid bill signed by President Obama epitomizing a shift away from failed punitive policies.
Even in a statement intended to praise CARA Sessions criticized the bill for not including tough-on-crime policies saying it “falls far short” and opioid legislation “must also eliminate the drug supply.”
Comments suggest Sessions sees drug use as a moral issue rather than a health issue, putting him out of step with science. He has said that “good people don’t smoke marijuana” and draws no distinction for people who use marijuana for medical purposes. At every opportunity Sessions has defended the war on drugs and his role in it.
“When I became a part of this Department of Justice as U.S. attorney in 1981,” said Sessions in 1999, “we did commence a war on drugs, and some said it failed, but it did not fail. It was a success.”
Senator Sessions’ solution to drug use isn’t an emphasis on treatment but the “tremendous victory” that was the “Just Say No” program of the 1980s.
Sessions may have a reputation in the Senate for being nice, but his record shows us that as Attorney General he likely won’t be a friend to lawmakers and others who are working both to pass criminal justice reform and advance drug policies that treat drug use as a health issue.
Grant Smith is deputy director of national affairs with the Drug Policy Alliance in Washington.
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Daily Caller
Why Conservatives Should Oppose Jeff Sessions And The Drug War
By: Bill Piper, Senior Director of National Affairs, Drug Policy Alliance, February 6, 2017
Attorney General nominee Jeff Sessions is a greater threat to limited government than former Attorney General Eric Holder ever was, so why are Republicans and “liberty” groups not opposing him? Earlier this week Sessions was approved by the Senate Judiciary Committee in a striking party line vote (every Republican voted for him, every Democrat voted against him). The full Senate votes on his nomination this week; he will be confirmed unless principled conservatives stand up.
Sessions is at odds with many conservatives and libertarians on privacy, criminal justice reform, and other issues. Throughout his confirmation hearing he stood by his support for waterboarding, indefinite detention, and mass surveillance. He doubled down on his extreme opposition to immigration. He refused to condemn Alabama’s use of hitching posts (whereby prisoners are tied to a post and left to roast in the hot sun for hours).
On many issues he was massively evasive. In written responses to questions from senators he effectively dodged answering questions about bail reform, legal representation for indigent suspects, and community / law enforcement partnerships. He evaded several questions on whether he believes the 14th Amendment guarantees citizenship to all children born on America soil.
On the drug war, the issue my organization focuses on, Sessions is stuck in the 1980s. In both his hearing and written responses, he defended his opposition to even modest sentencing reform. Last year he was the single biggest obstacle to legislation reforming mandatory minimums, reform that was supported a wide array of organizations on both the right and left.
In a response to a written question about civil asset forfeiture (the process by which law enforcement can seize your property without charging you with a crime), Sessions said “The seizure of the proceeds of illegal activity, especially drugs, is an effective way to deter drug dealing, but must be done according to law.” This vague response is not reassuring given his past opposition to any forfeiture reform.
Senator Sessions was somewhat coy in responding to questions from senators on whether he will respect federalism when it comes to states that have legalized marijuana for medical use, saying things like, “I won’t commit to never enforcing federal law.” He also would not commit to maintaining the “Cole memo”, DOJ guidance that essentially allows states to set their own marijuana policies as long as they adhere to certain federal standards. He has a long record of advocating vigorous enforcement of marijuana laws at the expense of federalism, and even in the face of the recent political shift in Congress.
In recent years Congress has passed an annual bi-partisan spending amendment prohibiting DOJ from undermining state medical marijuana laws (commonly referred to as the Rohrabacher amendment). In August, the 9th Circuit Court of Appeals ruled the amendment protects people following their state’s marijuana law from federal prosecution. When asked about this decision, Sessions only said he is not familiar with how other courts have interpreted the amendment, which suggests he might interfere in states outside the 9th Circuit.
28 states have enacted a medical marijuana law (and Louisiana has enacted a partially effective medical marijuana law). 16 states have legalized CBD oils, a non-psychotropic component of marijuana that has shown effectiveness in managing epileptic seizures that afflict children. Eight states have voted to legalize, tax, and regulate marijuana like alcohol. Senators should not confirm an Attorney General nominee who will not provide straight-forward questions on how he will handle these states and whether he will abide by congressional spending restrictions.
The power of the Attorney General is vast, and largely unchecked. The Attorney General sets the Justice Department’s priorities, influences the type of cases U.S. Attorneys bring (and do not bring), controls the flow of grants and forfeiture revenue to local law enforcement, and puts pressure on policymakers. The Attorney General also provides legal guidance to the president.
Sessions campaigned hard for President Trump; he was an early endorser and a top surrogate. There is no reason to believe he will act independently of the president or be a check on executive power. Just before the committee vote on Sessions, several committee Republicans noted they disagree with Sessions on sentencing reform and other issues. None had the courage vote against him.
It is up to other conservatives to stand up for core principles and vote against him on the floor.
Bill Piper is senior director of national affairs at the Drug Policy Alliance. You can follow him on Twitter @billjpiper.
Source: http://drugpolicy.org
