Tom Malinowski on Crime

Sponsored bill to abolish federal death penalty.

Legislative summary of H.R.4052: This bill prohibits the imposition of a death penalty sentence for a violation of federal law. A person sentenced to death before enactment of this bill must be resentenced.

Press release and letter on Connolly.House.gov: Capital punishment is unjust, racist and defective. The United States stands alone among its peers in executing its own citizens, a barbaric punishment that denies the dignity and humanity of all people and is disproportionately applied to people who are Black, Latinx, and poor. In their letter, the lawmakers called on President-Elect Biden to affirm his commitment to eliminating the death penalty--as laid out in his criminal justice reform plan--by ending it through executive action on Day 1 of his administration. The lawmakers also made clear that in the 117th Congress, they will continue to work to advance H.R. 4052, legislation to permanently abolish the death penalty.

ProPublica summary by Isaac Arnsdorf 12/23/20: Throughout the campaign, Trump highlighted executions as a contrast to Joe Biden's opposition to the death penalty, reinforcing Trump's "law and order" message. The Justice Department has killed 10 people since July, with three more executions scheduled before Biden's inauguration. "Death penalty all the way," Trump said at a February 2016 campaign event. "I've always supported the death penalty. I don't even understand people that don't."

Until this year, the Justice Department hadn't executed anyone since 2003. A drug that most states and the federal government used in lethal injections, a sedative called sodium pentothal, became unavailable because the sole American manufacturer stopped making it. Shortly after Trump's presidency began, his first attorney general, Jeff Sessions, [pushed] to resolve these issues so that the federal Bureau of Prisons could resume executions.

Sponsored stricter 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.