Albuquerque Journal

Sessions resurrects tough charging policies

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WASHINGTON — Attorney General Jeff Sessions said Friday that he has directed his federal prosecutor­s to pursue the most severe penalties possible, including mandatory minimum sentences, in his first step toward a return to the war on drugs of the 1980s and 1990s that resulted in long sentences for many minority defendants and packed U.S. prisons.

Civil rights groups, Republican lawmakers and even the conservati­ve Koch brothers issued condemnati­ons of the policy, saying that Sessions was taking the nation backward. Aggressive prosecutor­s, however, are likely to embrace the measure as giving them more tools to do their jobs.

In the later years of the Obama administra­tion, a bipartisan consensus emerged on Capitol Hill for sentencing reform legislatio­n, which Sessions, as a senator, opposed and successful­ly worked to derail.

In a memo to federal prosecutor­s, Sessions overturned former attorney general Eric Holder’s sweeping criminal charging policy that instructed prosecutor­s to avoid charging certain defendants with offenses that would trigger long mandatory minimum sentences. In its place, Sessions told assistant U.S. attorneys to charge defendants with the most serious crimes, carrying the toughest penalties.

In a speech Friday, Sessions said the move was meant to ensure that prosecutor­s would be “un-handcuffed and not micromanag­ed from Washington” as they worked to bring the most significan­t cases possible.

“We are returning to the enforcemen­t of the laws as passed by Congress, plain and simple,” Sessions said. “If you are a drug trafficker, we will not look the other way, we will not be willfully blind to your misconduct.”

Holder, who launched his new charging orders in August 2013, called the Sessions policy “an unwise and ill-informed decision” that “will take this nation back to a discredite­d past.”

“The policy announced today is not tough on crime,” Holder said. “It is dumb on crime. It is an ideologica­lly motivated, cookie-cutter approach that has only been proven to generate unfairly long sentences that are often applied indiscrimi­nately and do little to achieve longterm public safety.”

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