In April, former inmate Gregory Allen appeared at the White House with President Trump to celebrate the First Step Act, a criminal justice reform law implemented by the administration. Five former inmates were gathered on stage at the White House and were not scheduled to speak, but President Trump couldn’t help himself. “Where’s Gregory? Greg?” he said. “Come on up here!”
The First Step Act Legislation
The celebration in April was held to commemorate the First Step Act, which represents the largest shift in the federal criminal justice system in a generation. Since its passage nearly a year ago, the law has led to the release of more than 3,000 prisoners – including Allen, who was convicted of cocaine trafficking in 2001.
Contradictions Between the White House and the Justice Department
However, the Justice Department did not want to allow Allen to be released from prison. In fact, even at the time of his appearance and Trump’s happy hug on television, federal prosecutors were trying to persuade the judge to send Allen back to prison.
Challenges in Implementing the Law
The First Step Act aims to reduce long-standing disparities in sentencing for nonviolent drug offenses involving crack. In the past, possession of five grams of crack, a type of cocaine commonly used among Black drug users, carried the same minimum mandatory sentence as possession of 500 grams of powdered cocaine, which is more commonly used among White drug users. Nevertheless, federal prosecutors argue in hundreds of cases that prisoners who have applied for this type of relief are ineligible for it, according to a review of court records and interviews with defense attorneys. In many cases, prosecutors are seeking to re-incarcerate offenders who were released under the First Step Act.
Enforcement of the Law and Justice Challenges
Justice Department spokesperson Wyn Hornbuckle stated that the department stands by this interpretation, although he declined to comment on the department’s guidance to prosecutors or when it was distributed. He did not respond to questions about the divide between the department and White House allies who supported the law.
Hornbuckle explained that in the past, prosecutors could secure long prison sentences without having to prove that the offender had large quantities of drugs. Under the current laws, he said it is likely that charges could be brought against the same offenders involving larger amounts.
Law Enforcement and Legal Challenges
In most cases reviewed by the Washington Post, judges disagreed with the Justice Department’s interpretation.
Some individuals involved in drafting the legislation disagree with this interpretation, including Brett Tolman, former U.S. Attorney for Utah. He and other supporters of the law point out that the text of the legislation does not explicitly direct courts to consider the actual quantity of crack that the offender is alleged to possess.
In January, Barr told Congress that he would implement the law in ways that align with congressional intent, and Hornbuckle stated in a press release that “timely and effective law enforcement is important.”
Barr’s Reservations and Their Impact
However, current and former White House officials said Barr, who was sworn in on February 14, expressed concern that this would lead to increased crime rates and that the administration would bear the blame. He also told White House officials that he heard from many critics of the law, according to officials who spoke on condition of anonymity to discuss internal policy details.
Law Enforcement and Legal Challenges
Allen, whose case was mentioned in a Reuters report in July regarding some prosecutors’ efforts to limit releases under the First Step Act, said: “The people who made the deal, including President Trump, wanted to help people like me, but on the other hand, there are federal prosecutors waking up every day trying to keep people like me in prison.”
In
In February, federal judge Richard Lazzara in Tampa rejected the Justice Department’s argument that Allen should remain in jail, concluding that it contradicts the spirit of the law. Lazzara said before ordering Allen’s release: “Congress means what it says and says what it means, and I have no authority to manipulate what they said.
In the following month, Allen received a call inviting him to the White House. Event organizers stated on April 1 that they were unaware that federal prosecutors had already informed the court they would seek to return him to prison.
The Florida Attorney General’s office referred requests for comment on the status of over twenty early release requests from prosecutors in West Virginia. It was written that it expects to oppose some of these requests based on new guidance from the Justice Department.
Similar changes occurred in New York, where prosecutors agreed in April that some inmates were eligible – then changed their stance in May. In one case, the judge found the change in position interesting enough to ask about the reason.
One Florida prosecutor, who spoke on condition of anonymity to avoid jeopardizing other cases, said prosecutors ultimately realized they were appealing the release of a man whom Trump hugged on television.
Two weeks after local news aired images of Allen smiling and embracing the president, the former inmate received another call: the government decided to withdraw its appeal.
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