Cotton criticized over opposition to bill
WASHINGTON—The former head of the New York City Police Department blasted U.S. Sen. Tom Cotton on Wednesday for opposing legislation that would overhaul the federal criminal justice system, accusing the Arkansas Republican of “misleading the American public and intentionally misrepresenting the facts.”
In a letter to the state’s junior senator, Bernard B. Kerik said Cotton had “engaged in dishonest tactics meant to demonize” the First Step Act. Kerik accused the lawmaker of “trying to frighten the public.”
The bipartisan legislation, which is backed by the White House, would scale back mandatory minimum sentencing laws, reducing penalties in some instances and giving judges greater discretion when sentencing nonviolent offenders with limited rap sheets.
The changes would apply only to those convicted of federal crimes.
If approved, those imprisoned under the three-strikes law would no longer face automatic life sentences; instead they would face 25 years in prison. It would also make retroactive a 2010 law that reduced the disparity between powder cocaine and crack cocaine-related convictions.
Before 2010, crack-cocaine possessors were dealt with more severely than those caught with powder cocaine.
In addition, the legislation would expand early release programs for low-risk prisoners, enabling well-behaved inmates to serve shorter sentences and to get credit for enlisting in job-training programs, among others, supporters say.
Prisoners would be housed within 500 miles of their hometowns.
The use of shackles to restrain pregnant women would generally be prohibited. The exceptions would be because there was no other means of stopping a woman who was a flight risk or who was determined to harm herself or others, or if it was necessary to protect her medical safety.
Kerik, who served time in federal prison after committing tax fraud, noted that he had “seen the inner workings of the Federal Bureau of Prisons (BOP) for three years and eleven days.”
He maintained that the First Step Act, if approved, would “reduce recidivism, reduce prison overcrowding; and make communities safer, by having offenders leave prison for real jobs, instead of having to revert to crime.”
Kerik’s perspective is shared by the Fraternal Order of Police, which announced its support for the legislation earlier this month.
The First Step Act also has the backing of a broad range of groups, including the American Civil Liberties Union, the Faith & Freedom Coalition, the National Urban League, Prison Fellowship and Koch Industries.
Cotton has argued that the proposal is flawed. Rather than rushing to pass the bill in the final days of a lame-duck session, he has called for Congress to hold hearings on the legislation.
Wednesday afternoon, Cotton’s office released a written statement responding to Kerik’s letter.