USA TODAY International Edition

DOJ delays threaten reforms to justice

Move on Garland, replace U. S. attorneys

- Shay Bilchik and Miriam Krinsky Shay Bilchik is the former head of the Office of Juvenile Justice and Delinquenc­y Prevention in the U. S. Department of Justice. Miriam Aroni Krinsky, executive director and founder of Fair and Just Prosecutio­n, is a form

Among the many highlights of President Joe Biden’s inaugural address was his promise that “we can deliver racial justice.” The Biden administra­tion wasted no time putting executive action behind those words, issuing several orders on advancing racial equity. Still, “personnel is policy,” as the saying goes. And just as important as the new direction charted by these policies is who carries out the work.

But changes in the latter might be delayed — something this administra­tion, and people in need of justice, can’t afford.

A memo released last month by Department of Justice administra­tive chief Lee Lofthus gave many Trump appointees the green light to stay, stating that a good number of “United States Attorneys and United States Marshals have been asked by the incoming administra­tion to continue to serve for the time being.”

The Department of Justice shoulders much of the burden of ending mass incarcerat­ion and reforming policing, starting with not simply a policy reset but also new, more progressiv­e U. S. attorneys.

Even more alarming is the apparent delay in considerin­g Biden’s nominee for attorney general. Congress had seemed poised last week to set a hearing date for Judge Merrick Garland. But his nomination has been stalled even as others have moved forward.

A politicize­d department

We should bear in mind that 93 U. S. attorneys lead 94 districts throughout the country and in American territorie­s. Local federal prosecutor­s’ offices handle all manner of cases, from civil rights and police abuses to hate crimes and drug prosecutio­ns.

Equally important, the Department of Justice, through its Community Oriented Policing Services office, supports state and local leaders in pursuing racial justice and policing reforms grounded in research. Its Office of Juvenile Justice and Delinquenc­y Prevention is responsibl­e for guiding national juvenile justice issues that impact our nation’s young people.

Under the Trump administra­tion, the Justice Department ( and by extension, federal prosecutor­s) became deeply politicize­d. Some prosecutor­s were expected to faithfully execute Trump’s agenda — cracking down on immigrants and pursuing tougher drug penalties. Some followed Trump’s lead on his personal crusades against the Biden family and attempted to undermine the investigat­ion of Russia election interferen­ce. Those who did not bend to Trump’s will were often dismissed or pushed out.

Moving slowly to replace his appointees would be wrong for two reasons.

First, current attorneys are tainted by the failures of the Trump administra­tion. In Massachuse­tts, for example, at the height of the coronaviru­s, the U. S. attorney’s office fought the release of Immigratio­n and Customs Enforcemen­t detainees at risk of the virus. This thinking was echoed by federal prosecutor­s across the country although more than 200 people confined in federal prisons have died of the disease. In Pennsylvan­ia, the U. S. attorney worked to prevent a lifesaving, evidence- based safe drug consumptio­n space from opening.

Second, every day these attorneys remain in office, they continue to make decisions impacting the lives of countless Americans, including how COVID- 19 is handled behind bars, when and how police accountabi­lity will be managed, and how rebuilding trust with community will move forward.

Rethinking policing the USA

Biden and Vice President Kamala Harris have spoken of the need for criminal justice reform and their desire to rethink policing.

Implementi­ng these policies means moving away from the traditiona­l prosecutor mindset.

Biden needs attorneys and DOJ leaders who embrace reform. It means looking at the burgeoning reformmind­ed state and local prosecutor movement for examples of leaders who are committed to systemic change. It means looking at defense lawyers and public defenders who know the federal justice system from the other side and know what it takes to reform it.

Already, local progressiv­e prosecutor­s in Baltimore, Philadelph­ia and New York City have shown what can be done. They have created conviction integrity units to exonerate wrongfully convicted people, launched processes to review and reduce harsh sentences, and stopped prosecutin­g many offenses tied to poverty and racial disparitie­s such as drug possession.

On Jan. 20, Biden said, “A cry for racial justice some 400 years in the making moves us. The dream of justice for all will be deferred no longer.”

That cry must be heard — and acted upon — in the halls of the Department of Justice and in its attorneys’ offices around the nation.

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 ?? AP ?? Merrick Garland
AP Merrick Garland

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