Bill Barr nomination

Next week’s Senate Judiciary Committee hearing to consider the nomination of William Barr to be the next attorney general of the United States will be an important test of the Trump administration’s commitment to goals of the recently enacted Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act, commonly known as the FIRST STEP Act, is a bipartisan criminal justice reform legislative package. Unfortunately, from what we know of Barr, President Trump has already failed the exam.

  The Hill

That may well be the very worst Act title in history. Some times, people, an acronym isn't necessary. Or, just call it the First Step Act. That one is just a jumble of words that no one could ever possibly remember. Who the Hell came up with that?

As Sen. Tim Scott (R-S.C.) made clear, “I will also continue to advocate to the president that he nominate a new Attorney General that is passionate about criminal justice reform and further steps that can be taken in this area.” With Barr, however, the president tapped Jeff Sessions in sheep’s clothing.

[...]

Some may find reassurance simply by the fact that the nominee previously held the job and that Trump is in dire need of competent cabinet officials.

But criminal justice reformers should have the same level of concern with Barr as they had with Sessions. Barr was and is an unapologetic tough-on-crime warrior. Under his leadership, the Justice Department in 1992 issued a report, “The Case for More Incarceration,” in which the three primary sections were entitled: (I) Prisons work; (II) More prisons are needed; and (III) Failure to incarcerate costs money.

[...]

Numerous reports, including a comprehensive study by the National Academy of Sciences in 2014, concluded that lengthy prison sentences had had a negligible effect on crime prevention but high financial, social and human costs. And analysis by the Pew Public Safety Performance Project shows that crime rates actually fell faster in states with larger prison rate declines.

Barr’s positions taken over 25 years ago could be placed into context if he demonstrated an evolution in thinking. Just like Sessions, however, Barr has doubled down on the need to arrest and incarcerate more people, even when crime rates currently hover near historical lows.

As recently as 2015, Barr opposed many of the same sentencing reform provisions that are now part of the FIRST STEP Act and endorsed the view that “[o]ur system of justice is not broken.” And in 2018, he praised Sessions’ tenure as Attorney General especially for re-instituting charging practices that required federal prosecutors to pursue the highest sentences possible.

I don't know why anyone would expect anything else at this point.

If Barr’s positions remain consistent with his past record of empty tough-on-crime rhetoric, the 87 Senators who voted for the FIRST STEP Act and claim to support criminal justice reform must oppose his confirmation.

They won't. The Democrats will talk tough during his hearing, and then the Senate will confirm his nomination.

...but hey, do what you want...you will anyway.