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Jeff Sessions as Attorney General: An Insult to Justice

19 Nov

Credit Hanna Barczyk

In 1986, President Ronald Reagan nominated Jeff Sessions, then a United States attorney from Alabama, to be a federal judge. The Republican-controlled Senate rejected Mr. Sessions out of concern, based on devastating testimony by former colleagues, that he was a racist.

Three decades later, Mr. Sessions, now a veteran Alabama senator, is on the verge of becoming the nation’s top law-enforcement official, after President-elect Donald Trump tapped him on Friday to be attorney general.

It would be nice to report that Mr. Sessions, who is now 69, has conscientiously worked to dispel the shadows that cost him the judgeship. Instead, the years since his last confirmation hearing reveal a pattern of dogged animus to civil rights and the progress of black Americans and immigrants.

Based on his record, we can form a fairly clear picture of what his Justice Department would look like:

For starters, forget about aggressive protection of civil rights, and of voting rights in particular. Mr. Sessions has called the Voting Rights Act of 1965 a “piece of intrusive legislation.” Under him, the department would most likely focus less on prosecutions of minority voter suppression and more on rooting out voter fraud, that hallowed conservative myth. As a federal prosecutor, Mr. Sessions brought voter-fraud charges against three civil rights workers trying to register black voters in rural Alabama. The prosecution turned up 14 allegedly doctored ballots out of 1.7 million cast, and the jury voted to acquit.

Forget, also, any federal criminal-justice reform, which was on the cusp of passage in Congress before Mr. Trump’s “law and order” campaign. Mr. Sessions strongly opposed bipartisan legislation to scale back the outrageously harsh sentences that filled federal prisons with low-level drug offenders. Instead, he called for more mandatory-minimum sentences and harsher punishments for drug crimes. The one bright spot was his working with Democrats to reduce the 100-to-1 disparity between punishments for crack and powder cocaine offenses.

But Mr. Sessions can do plenty of damage without any congressional action. As attorney general, he would set the guidelines prosecutors follow in deciding what cases and charges to bring. In 2013, Eric Holder Jr. ordered his prosecutors to avoid the most severe charges in low-level nonviolent drug cases, which has helped cut the number of absurdly long sentences for minor players. Mr. Sessions could reverse that with the stroke of a pen. He could just as easily reverse Mr. Holder’s decision not to interfere with state marijuana laws, likely ramping up prosecutions even as states continue to legalize the drug for medicinal or recreational use. “Good people don’t smoke marijuana,” he said at a Senate hearing in April.

Mr. Sessions has been the Senate’s most ardent opponent of fixing the immigration system. In 2015 he proposed a five-year mandatory minimum sentence for anyone re-entering the country illegally after being deported. That could increase the federal prison population by as much as 30 percent. As Mr. Trump’s chief law enforcer, he is likely to fully support efforts to enlist local law enforcement in a widening dragnet for people without papers. He also, during the campaign, endorsed the idea of a ban on Muslim immigrants.

Count Mr. Sessions, as well, among those Trump allies calling for a special prosecutor to continue investigating Hillary Clinton and the Clinton Foundation, a decision that, if he is attorney general, would be his to make.

Donald Trump ran a presidential campaign that stoked white racial resentment. His choice for attorney general — which, like his other early choices, has been praised by white supremacists — embodies that worldview. We expect today’s senators, like their predecessors in 1986, to examine Mr. Sessions’s views and record with bipartisan rigor. If they do, it is hard to imagine that they will endorse a man once rejected for a low-level judgeship to safeguard justice for all Americans as attorney general.

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