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I looked over the Biden criminal justice plan. While there are some positive things in here, there are also some red flags for me. His focus is forward-looking (and would require Congress as a partner) and the plan does little to remedy past injustices. /1
For example, his clemency proposal is modest at best, limited to "unduly long sentences for certain non-violent and drug crimes." This is a continuation of the Obama clemency initiative, which left thousands behind who merit clemency. /2
Moreover, there is no proposal to fix the system for granting clemency and take it out of DOJ, so there is no reason to believe the results will be any different in a Biden administration. /3
While federal clemency is only a small piece of any criminal justice plan, it's one of the few things a president can do on his/her own without Congress. Just about everything else Biden proposes requires legislation. /4
So in one of the few areas where he has control over reform, his vision is narrow and uninspiring. /5
I was also disappointed to see no mention of the need to appoint a reform-minded Attorney General and Deputy AG and to appoint federal judges w/experience as public defenders and civil liberties advocates. /6
The call for an independent task force outside of DOJ to look at arrest and charging decisions and make recommendations is pretty weak sauce. There is no commitment by Biden to make sure those things actually happen or to specify who would be on this body. /7
There are good things in here: making public housing available to returning citizens, funding for public defender officers, incentives for states to reduce incarceration. But most of this requires Congress, and I'm not optimistic Congress will go along w/most of this. /8
That's why I tend to focus on the parts of presidential candidates' plans within a president's control. This one is uninspiring on that score. And given Biden's particularly bad record in this area, I had hoped to see far more. /end
PS: If you want to see the plan for yourself, it's here: joebiden.com/justice/
