Alex Mooney on Crime

Jan. 6 not a domestic terrorist attack, just a protest

Death penalty for killing police officers.

Congressional Summary: Makes the killing or attempted killing of a law enforcement officer, firefighter, or other first responder an aggravating factor in death penalty determinations [when] the defendant killed or attempted to kill a person who is authorized by law:

• to engage in or supervise the prevention, detention, investigation, or prosecution, or the incarceration of any person for any criminal violation of law;
• to apprehend, arrest, or prosecute an individual for any criminal violation of law; or
• to be a firefighter or other first responder.
• And that the person was killed--
• while he or she was engaged in the performance of his or her official duties;
• because of the performance of his or her official duties; or
• because of his or her status as a public official or employee.

Opposing argument: [Sen. Bernie Sanders, Oct. 13, 2015]: `Black lives matter. The African American community knows that on any given day some innocent person like Sandra Bland can get into a car, and three days later she`s dead in jail. We need to combat institutional racism from top to bottom, and we need major reforms in a broken criminal justice system. I intend to make sure people have education and jobs rather than jail cells.`

Opposing argument: [ACLU of Louisiana, July 7, 2015]: Louisiana Gov. John Bel Edwards signed a bill into law that makes targeting a police officer a hate crime. Passage of such bills is a top priority for a national organization called Blue Lives Matter, which was formed in response to the Black Lives Matter movement. [A video captured] `police killing a black man who was minding his own business,` says the director of ACLU-LA. But it was the civil rights of police officers that Edwards was concerned about, as if theirs were being routinely violated: `I`m not aware of any evidence that police officers have been victimized that would justify giving them special protection.`

First step: reduce recidivism & mass incarceration.

Congressional Summary:

• TITLE I--RECIDIVISM REDUCTION: establish a risk and needs assessment system to evaluate the recidivism risk of prisoners; to guide housing assignments; and to reward participation in recidivism reduction programs.
• TITLE II--BUREAU OF PRISONS SECURE FIREARMS STORAGE: allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison.
• TITLE III--RESTRAINTS ON PREGNANT PRISONERS PROHIBITED: limits the use of restraints on federal prisoners who are pregnant or in postpartum recovery.
• TITLE IV--SENTENCING REFORM: reduces the enhanced mandatory minimum prison terms for certain repeat drug offenses.

Opposing press release from Rep. Doug LaMalfa (R-CA-1):: The reform sentencing laws in this bill may compromise the safety of our communities. Criminals convicted of violent crimes would have the opportunity to achieve `low risk` status and become eligible for early release. California already has similar laws in place--Propositions 47 and 57--which have hamstrung law enforcement and caused a significant uptick in crime.

Supporting press release from Rep. Jerrold Nadler (D-NY-10):: S. 756 establishes a new system to reduce the risk that [federal prisoners] will commit crimes once they are released. Critically, S. 756 would not only implement these reforms to our prison system, but it also takes a crucial first step toward addressing grave concerns about our sentencing laws, which have for years fed a national crisis of mass incarceration. The bill is a `first step` that demonstrates that we can work together to make the system fairer in ways that will also reduce crime and victimization.

Legislative outcome: Concurrence Passed Senate, 87-12-1, on Dec. 18, 2018; Concurrence Passed House 358-36-28, Dec. 20, 2018; President Trump signed, Dec. 21, 2018

Keep existing rules for police accountability.

This bill addresses policing practices and law enforcement accountability:

• lowers the criminal intent standard--from willful to knowing or reckless--to convict a law enforcement officer for misconduct in a federal prosecution,
• limits qualified immunity as a defense to liability in a private civil action against a law enforcement officer, and
• grants administrative subpoena power to the Department of Justice (DOJ) in pattern-or-practice investigations.

Rep. Elise Stefanik in OPPOSITION (3/1/21): I voted against H.R. 1280--this bill poses a grave danger to law-abiding police officers, as it would eliminate qualified immunity protections, lower the standard for federal civil rights lawsuits, and limit access to necessary equipment during emergencies and natural disasters. Democrats rushed this bill to the House Floor without accepting any input from Republicans, expert testimony, or significant data. I am proud to sponsor the JUSTICE Act with Senator Tim Scott, to provide necessary reforms to end police brutality while protecting our law-abiding officers.

OnTheIssues explanation of `qualified immunity`: `Qualified immunity` means that police officers (and other government officials) cannot be sued for actions on duty, unless knowingly taking unreasonable actions. This bill would limit `qualified immunity,` which means the family in cases like George Floyd`s could sue the police for civil damages.

Biden Administration in SUPPORT (3/1/21): We must begin by rebuilding trust between law enforcement and the people they are entrusted to serve and protect. We cannot rebuild that trust if we do not hold police officers accountable for abuses of power and tackle systemic misconduct--and systemic racism--in police departments.

Legislative Outcome: Passed House 220-212-0 on March 3, 2021, rollcall #60; received in Senate on March 9; no further Senate action during 2021.