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george floyd justice in policing act
Did Donald Trump Really Do More for Criminal Justice Reform Than Joe Biden?
Biden’s record has so far not measured up to even the low bar that Trump set while in office. The good news for Biden is that he still has five months to make good on some of his promises.
Sep 12, 2024
With the nation’s attention now riveted on U.S. Vice President Kamala Harris vs. former President Donald Trump, it might surprise some people to learn that Joe Biden is still the president of the United States until January 20, 2025. And, while he has arguably accomplished a lot already, he still has a lot of power and time to accomplish a lot more before his one term in the Oval Office comes to an end. We need him to focus on criminal justice reform and the promises he made when he was a candidate running for president in 2019.
When we look back on the past eight years, it is hard not to be struck by the glaring fact that, in his one term as president, Donald Trump’s passage of the First Step Act so far is outshining anything President Biden has done in his four years in office for criminal justice reform at the federal level.
This isn’t to say Trump’s record on reform is stellar. In fact, it leaves much to be desired. But Biden’s record has so far not measured up to even the low bar that Trump set while in office. The good news for Biden is that he still has five months to make good on some of his promises.
We want you to finish strong! If you want your legacy on criminal justice reform to surpass and be far better than your predecessor, you have some work to do before January 20, 2025.
When Trump passed the First Step Act, our organization, JustLeadershipUSA (JLUSA), was one of the few justice organizations that opposed the legislation for a variety of reasons, but primarily because we knew that the risk assessment tool would have adverse effects, particularly on many Black and brown people—which is exactly what we have seen happen over the past six years, and was magnified during the Covid-19 pandemic.
But the fact remains that more than 33,500 people have been released from prison so far due to the implementation of the First Step Act. This, combined with Trump’s 237 pardons and commutations, currently overshadows Biden’s meager 25 pardons and 132 commutations. Even when you consider Biden’s over 6,500 federal marijuana pardons, his record still pales in comparison with the tens of thousands who have been set free by Trump’s First Step.
Freedom and liberty is one thing. Life and the pursuit of happiness are another. Because without a life to go home to, where a person’s basic human needs are met, freedom isn’t worth much—and it sometimes doesn’t last for very long.
Despite the creation of freedom for some through the First Step Act, overall, Trump’s economic and domestic policies have been a disaster for formerly incarcerated and justice-impacted individuals and harmful to our communities. They may have their freedom, but many did not have housing to go back to, let alone jobs, healthcare, and the resources needed to provide for their bare necessities.
In less than four years, however, President Biden’s legislative accomplishments have been significant. From the American Rescue Plan to the Bipartisan Infrastructure Bill to the Bipartisan Safer Communities Act, the CHIPs and Science Act, the PACT Act, the Inflation Reduction Act, and most recently the signing into law of the Federal Prison Oversight Act—Biden’s policies have unquestionably been far better for the everyday life and well-being of returning citizens and directly impacted people in this country.
While the George Floyd Justice in Policing Act has stalled in Congress, President Biden did sign an executive order “to promote safe and accountable policing, ban chokeholds, restrict no-knock entries by police, create a national police accountability database, and prohibit the transfer of military equipment to local police departments.”
But as a candidate, Biden promised to lower the national incarceration rate by “more than half.” Instead, the prison population has actually gone up—after years of decline, including under Trump.
With five months left to serve, President Biden now has an unprecedented opportunity to make good on some of his promises and add to his legacy as one of the most important and consequential presidents in U.S. history. The 70+ million Americans who have direct experience of the criminal legal system in this country will be watching and waiting, hoping for Biden to come through on a laundry list of demands, many of which he can do with the stroke of a pen.
Here’s what we’re calling on President Biden to do: Deschedule and decriminalize marijuana, instead of just rescheduling it. Abolish the federal death penalty. Eliminate all federal student loans. Direct federal agencies to use person-first language. Sign all of the 20,000+ clemency petitions sitting on his desk right now.
Finally, and these steps would certainly be more difficult but still worth doing: Fight for the George Floyd Justice in Policing Act. Fight for the John Lewis Voting Rights Advancement Act to protect democracy and the right to vote for all Americans. And do everything left in his power, with the time he has left in the Oval Office, to repeal and reverse the impact of the 1994 Crime Bill in order to heal the harms that have been caused by this legislation that he championed as a senator. It’s not too late to try and undo some of what has been done by his previous actions.
Mr. President, we are grateful for your 52 years of public service and for the leadership you have demonstrated in leading this nation over the past four years. We want you to finish strong! If you want your legacy on criminal justice reform to surpass and be far better than your predecessor, you have some work to do before January 20, 2025. This is what we, as citizens, need you to accomplish before you pass the torch to the next administration. May God grant you the courage and strength to do what needs to be done!
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Fired Memphis Cops Charged With Second-Degree Murder for Killing Tyre Nichols
"The video must be that bad," said law professor Sherrilyn Ifill. "But fired does not prevent rehiring elsewhere, and charged does not mean convicted. But more important than all, none of this brings back Tyre Nichols."
Jan 26, 2023
Five Memphis, Tennessee police officers who were fired for what their chief called a "heinous, reckless, and inhumane" attack on a Black motorist who died three days after a traffic stop were booked and charged Thursday with crimes including second-degree murder.
Former Memphis Police Department (MPD) officers Tadarrius Bean, Demetrius Haley, Justin Smith, Emmitt Martin III, and Desmond Mills Jr—who are all Black—were charged with crimes including second-degree murder, aggravated assault-acting in concert, aggravated kidnapping, official misconduct, and official oppression, according to court records.
Speaking at a Thursday news conference announcing the charges, Tennessee Bureau of Investigation Director David B. Rausch described the five officers' actions as "absolutely appalling."
"We are here to pursue truth and justice, realizing that we should not be here," said Rausch. "Simply put, this should not have happened. I'm sickened by what I saw."
On Wednesday night, Memphis Police Chief C.J. Davis lamented the "horrific circumstances" of Nichols' death. Calling the victim's arrest a "failing of basic humanity," Davis vowed her department would "find truth in the tragic loss."
\u201cBREAKING: The 5 former Memphis Police Department officers have been indicted by a grand jury on charges ranging from second-degree murder, aggravated assault, aggravated kidnapping, official misconduct and official oppression for the death of Tyre Nichols.\u201d— Ben Crump (@Ben Crump) 1674759063
Nichols died on January 10 from cardiac arrest and kidney failure three days after Memphis officers pulled his vehicle over at around 8:30 pm on January 7. MPD claimed there were two "confrontations" between officers and Nichols, who allegedly ran away before being violently arrested. Complaining of shortness of breath, Nichols was rushed to St. Francis Hospital in critical condition.
All five officers were fired on January 20 after they "were found to be directly responsible for the physical abuse of Mr. Nichols," Davis explained. Two firefighters were also terminated in connection with the attack.
Earlier this month, U.S. Attorney Kevin Ritz—working with the FBI's Memphis Field Office and the U.S. Justice Department—launched a civil rights investigation into the case.
According to the Memphis Commercial Appeal, some of the officers involved belonged to an MPD unit called SCORPION, which stands for Street Crimes Operation to Restore Peace in Our Neighborhoods.
In 2016, a federal civil rights complaint was filed against Haley, alleging that he and other officers strip-searched an inmate at a penal farm and beat him until he blacked out, WHBQ reported.
\u201cFired & charged w/murder. The video must be that bad. But fired does not prevent rehiring elsewhere, & charged does not mean convicted. But more important than all, none of this brings back Tyre Nichols. We need the abuse & murder by ofcrs to stop. And that requires a new way.\u201d— Sherrilyn Ifill (@Sherrilyn Ifill) 1674766025
Antonio Romanucci, an attorney representing Nichols' family, said Monday after viewing police bodycam footage of the attack on the 29-year-old father: "He was a human piñata for those police officers. It was unadulterated, unabashed, nonstop beating of this young boy for three minutes."
Civil rights attorney Benjamin Crump, who is also representing Nichols' relatives, compared the footage to the 1991 beating of Rodney King by Los Angeles Police Department officers.
"What we saw, regrettably, reminded us of the Rodney King video," Crump said Monday. "But, unlike Rodney King, Tyre didn't survive."'
The Shelby County District Attorney's Office said earlier this week that it will likely release footage of the incident at 6:00 pm local time Friday.
\u201cThe family of Tyre Nichols is demanding that Memphis police release their bodycam footage of the stop that landed him in the hospital in critical condition. \nTyre died from the injuries that he received at the hands of police during a traffic stop.\u201d— \ud83e\udd40_Imposter_\ud83d\udd78\ufe0f (@\ud83e\udd40_Imposter_\ud83d\udd78\ufe0f) 1673936022
"Yet again, we're seeing evidence of what happens to Black and Brown people from simple traffic stops," Crump contended. "You should not be killed because of a simple traffic stop."
"And we have to say to America: How you would treat our white brothers and sisters when you have a traffic stop with them, well, treat us Black and Brown citizens the same way," he added.
On Monday, Nichols' mother, RowVaughn Wells, called her son a "gentle soul."
"Tyre was a beautiful person. He loved to skateboard. He loved to take pictures. He liked to go see the sunset. And most of all, he loved his mother and he loved his son," she said.
Speaking of the fired officers, Wells added: "Those five men—their families are heartbroken as well. They hurt a lot of people when they did this. I don't understand why they had to do this to my son."
Tyre Nichols' mother on violent confrontationwww.youtube.com
Some civil rights leaders called on Congress to take action to prevent such incidents.
"It is only right that the Memphis Police Department takes the necessary additional steps to hold these officers accountable for their role in ripping apart a family and traumatizing a community. However, this is far from what justice looks like. Justice looks like the 535 members of Congress taking the time to turn their 'thoughts and prayers' into action and change," said NAACP president and CEO Derrick Johnson in response to Thursday's charges.
Johnson added:
Congress: Do something. By failing to write a piece of legislation, you're writing another obituary. By failing to pass the legislation, you're passing on your sworn duty to protect the people. We know just how much all of you will be thinking and praying upon the release of the video, you don't need to mention it. Instead, tell us what you're going to do about it. Tell us what you're going to do to honor Tyre Nichols. Tell us what you're going to do to show his family, his loving son, and this entire nation, that his life was not lost in vain. We can name all the victims of police violence, but we can't name a single law you have passed to address it.
The George Floyd Justice in Policing Act—named after the unarmed Black man murdered by Minneapolis police in May 2020—was introduced by then-Rep. Karen Bass (D-Calif.) in February 2021. The proposed legislation, which, among other reforms, would have banned police chokeholds and ended so-called qualified immunity for officers, passed the following month by a mostly party-line vote of 220-212. However, the bill failed to pass the Senate.
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