When the pandemic began, it was thought that prisons would turn into the same kind of superspreaders for the coronavirus that nursing homes became. Indeed, once prison infirmaries began to fill up, the Trump administration’s Department of Justice set up a program where many non-violent criminals could be released to home confinement.
But once the pandemic emergency ended, the Trump DOJ wanted to send the prisoners back to fulfill the remainder of their sentences. Naturally, prison “reform” advocates objected and once Joe Biden took office, a review of the policy was initiated.
It shouldn’t surprise anyone that the Biden DOJ just can’t bring itself to send anyone back to prison, even though the pandemic emergency is over. Attorney General Merrick Garland’s statement on the reasons for the change is heart-tugging.
“Thousands of people on home confinement have reconnected with their families, have found gainful employment and have followed the rules,” Mr. Garland said in a statement.
Andrew Bates, a White House spokesman, said in a statement that President Biden also welcomed the change, noting “the relief it will mean for thousands of individuals on home confinement who have worked hard toward rehabilitation and are contributing to their communities.”
The Biden administration originally decided that the Trump DOJ had correctly interpreted the law and that the inmates had to go back to prison. But criminal-justice-reform activists were among Joe Biden’s biggest boosters during the campaign and they agitated against it.
Biden sought to compromise by offering clemency and early humanitarian release for some inmates. But that wasn’t enough for the radicals, who won’t be satisfied until Biden flings open the cell doors and allows the criminals to go free.
Of the approximately 4,900 inmates placed on home confinement under the CARES Act, about 2,800 would return to prison if the coronavirus emergency were to end, according to Justice Department estimates.
“We will exercise our authority so that those who have made rehabilitative progress and complied with the conditions of home confinement, and who in the interests of justice should be given an opportunity to continue transitioning back to society, are not unnecessarily returned to prison,” Mr. Garland said.
A Justice Department spokeswoman confirmed that the attorney general had asked the Office of Legal Counsel to reconsider its memo.
“In the interest of justice” is a pretty broad metric to determine who should go back to prison and who can stay at home. It means that politics is going to play more of a role in determining who goes free than it should.
The ACLU stands ready to deliver on that score.
“Thousands of people can now breathe a sigh of relief knowing they will be able to remain in their communities where they have been living and working,” said Udi Ofer of the American Civil Liberties Union. “The ACLU and allies on the right and left asked the DOJ and President Biden to keep people home, and today the Justice Department delivered. We commend Attorney General Garland and President Biden for listening to thousands of families who asked not to be separated from their loved ones.”
“Rehabilitation” is virtually non-existent in the U.S. About two-thirds of federal prisoners go on to commit other crimes within three years of their release. Biden may listen “to thousands of families who asked not to be separated from their loved ones,” but will he listen to the other thousands of families in the future whose lives will be ruined by inmates released who shouldn’t have been?
Join the conversation as a VIP Member