Cohen: President Obama on the Right Track, But Can and Should Do More to Bring Fairness to Our Justice System
[MEMPHIS, TN] – After President Obama commuted the sentences of 8 Americans serving unfair crack cocaine sentences and pardoned 13 others, Congressman Steve Cohen (TN-09) positively acknowledged the use of executive clemency but noted that thousands more like these Americans remain incarcerated, serving sentences that would not be ordered today and that have been repudiated by Congress and by the United States. For years, the Congressman has repeatedly called on the President to make broader use of his pardon and commutation powers to address these injustices, including repeatedly urging Attorney General Holder to address the issue, in a letter sent to the President in June, in an August speech on Capitol Hill and in a column that appeared in The Nation.
“President Obama took a step in the right direction with the commutation of a small number of Americans that he acknowledged were ‘sentenced under an unfair system,’” said Congressman Cohen. “But he also acknowledged that there are ‘thousands’ more still serving unfair sentences, and that this ‘must not be the last’ step towards restoring justice and fairness in our judicial system—I could not agree more. President Obama can and should use his Constitutional power to help bring all of these inmates the justice they deserve, not just 8 of them.”
The Fair Sentencing Act, which was passed by Congress and signed into law by the President in 2010, marked a turning point in our nation’s approach to drug policy and took a critical step towards eliminating the dramatic and unfair disparity between crack and cocaine mandatory minimum sentences. But, as the President mentioned today, it “came too late” for thousands of people who were sentenced before the law was passed are still serving sentences that have been repudiated by Congress and the President. Now that the United States government has declared these sentences to be void against public policy, the President can and should use his commutation power to remedy this injustice for all of those still incarcerated under outdated sentences.
Congressman Cohen continued: “While the country remains light years behind the United States when it comes to human rights and free expression, reports today indicate that even Russia and Vladimir Putin are taking steps to change their ways by granting amnesty to thousands of prisoners incarcerated for things such as expressing their right to free speech, ‘hooliganism,’ and other political ‘crimes.’ The United States must change its ways and reconsider its incarceration and sentencing policies as well. The President has shown that he is willing to help in that process with today’s commutations, but he must do more to release people who are simply draining our economy.”
Today’s announcement only highlights how much more the President can do. The pardon and commutation powers are, in addition to being the speediest method of bringing needed justice to thousands of people incarcerated under outdated crack cocaine sentences, one of the few actions that the President can take without being blocked or delayed by an obstructionist Congress.