Democratic leader gives boost to criminal justice reform compromise

Democratic leader gives boost to criminal justice reform compromise
© Anna Moneymaker

Senate Democratic Whip Dick DurbinRichard (Dick) Joseph DurbinTop Senate Dem: Public hearing is ‘only way to go’ for Kavanaugh accuser Durbin calls for delay in Kavanaugh vote Dems engage in last-ditch effort to block Kavanaugh MORE (Ill.) — the No. 2 Senate Democrat — says he could support a compromise criminal justice reform bill that Republican colleagues presented to President TrumpDonald John TrumpOver 100 lawmakers consistently voted against chemical safeguards: study CNN's Anderson Cooper unloads on Trump Jr. for spreading 'idiotic' conspiracy theories about him Cohn: Jamie Dimon would be 'phenomenal' president MORE and senior White House officials three weeks ago.

In doing so, Durbin would become the first Democratic senator to support the legislation, which would combine a House-passed prison reform bill with sentencing reform provisions from the Senate’s Sentencing Reform and Corrections Act.


The compromise is being pushed by senior White House adviser Jared KushnerJared Corey KushnerThe Hill's Morning Report — Sponsored by United Against Nuclear Iran — Kavanaugh confirmation in sudden turmoil Manafort’s plea deal — the clear winners and losers Five takeaways from Manafort’s plea deal MORE and Senate Judiciary Committee Chairman Chuck GrassleyCharles (Chuck) Ernest GrassleyWife of 'Glow' director writes 'Stop Kavanaugh' on her arm for Emmy Awards Grassley agrees to second Kavanaugh hearing after GOP members revolt Murkowski echoes calls for Kavanaugh, accuser to testify MORE (R-Iowa).

Republican Sens. Mike LeeMichael (Mike) Shumway LeeOvernight Health Care: Opioid legislation passes overwhelmingly | DOJ backs Cigna-Express Scripts merger | Senate passes ban on pharmacy gag clauses US military intervention in Venezuela would be a major mistake The Hill's 12:30 Report — Obama jumps into midterm fight with speech blasting Trump | Trump wants DOJ to probe anonymous writer | Day four of Kavanaugh hearing MORE (Utah), Lindsey GrahamLindsey Olin GrahamCriticizing Trump’s ‘unsung success’ in Puerto Rico is valid — empty rhetoric is not Biden: Delay Kavanaugh vote to give accuser a fair, respectful hearing Ken Starr says 'I trust Brett Kavanaugh' over allegations that are 'so wildly out of character' MORE (S.C.) and Tim ScottTimothy (Tim) Eugene ScottCruz gets help from Senate GOP in face of serious challenge from O’Rourke The Hill's Morning Report — Sponsored by Better Medicare Alliance — Steady Kavanaugh proves to be a tough target for Democrats Pence visits Michigan to boost GOP Senate candidate MORE (S.C.) also support the proposal.

Durbin endorsed merging the House-passed First Step Act, which some Democrats have criticized, with four provisions from the Senate’s sentencing reform bill.

Asked if the compromise is acceptable, Durbin said, “Yes." 

After a pause, he added: "I’ve been working on that.”

He urged Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellMurkowski echoes calls for Kavanaugh, accuser to testify McConnell rips Democrats for handling of Kavanaugh nomination Kavanaugh furor intensifies as calls for new testimony grow MORE (R-Ky.) to schedule it for a vote this year, perhaps in the lame-duck session after the election.

“If we have a bill that has such overwhelming bipartisan support, deals not only [with] criminal sentencing but prison reform, and the support of the White House — I hope — there’s no reason we shouldn’t consider it this year,” he said.

Durbin said he’s not persuaded by arguments to wait on prison and sentencing reform until next year in hopes that Democrats take back the House and perhaps the Senate as well.

“Last time we had a sentencing reform bill, I passed it, it was almost 10 years ago. That’s how often you get these opportunities. So if we have a bipartisan bill supported by the White House, I hope we can seize that opportunity,” he added.

However, Emily Hampsten, a spokeswoman for Durbin, told The Hill that the senator hasn’t yet signed off on a final deal.

“There’s still no deal and he hasn’t endorsed anything yet,” she said in an email.

In a follow-up statement released Tuesday afternoon, Durbin laid out several additional demands.

We’re now having constructive conversations with the White House about a possible compromise package including key sentencing reforms and fixes to the FIRST STEP Act, but nothing is final yet,” he said.

“With Republicans in the majority, any agreement must be endorsed by the President and include a commitment from Republican leaders to move it through Congress and get it to the President’s desk.”

Durbin’s positive talk about the emerging deal is a big boost for getting something done on criminal justice reform in 2018 and could outweigh the skepticism of two other prominent Democratic voices on the issue, Sens. Cory BookerCory Anthony BookerSenate Dems sue Archives to try to force release of Kavanaugh documents Judd Gregg: The collapse of the Senate Dems engage in last-ditch effort to block Kavanaugh MORE (N.J.) and Kamala HarrisKamala Devi HarrisSenate Dems sue Archives to try to force release of Kavanaugh documents The Hill's Morning Report — Sponsored by United Against Nuclear Iran — Kavanaugh confirmation in sudden turmoil Judd Gregg: The collapse of the Senate MORE (Calif.), who are also weighing 2020 presidential campaigns.

Durbin’s backing would be all the more significant because he co-signed a letter dated May 17, along with Booker and Harris, that criticized the First Step Act, a pillar of the emerging compromise, as a “step backwards.”

The letter noted the objections of civil rights advocates who argued the First Step Act would exclude too many incarcerated people from the reform process and possibly exacerbate racial and socio-economic disparities.

Since then, Senate negotiators have proposed making corrections to the House bill and adding four major sentencing reform provisions.

The sentencing reform provisions would give judges more flexibility in handing out sentences to nonviolent drug offenders, it would narrow the sentencing disparity for crack- and powder cocaine–related offenses, and it would in some cases stop simultaneous convictions from being treated as prior offenses for the purposes of sentencing.

While the Senate proposals have helped change Durbin’s mind, Booker and Harris have yet to endorse the compromise.

"The bipartisan bill that we passed out, which was negotiated extensively, was the compromises that I wanted to make," Booker told The Hill last week. "For me to give up on something that was negotiated, I find it hard to think that would cut mustard for me."

"I'm still open to seeing what would happen, but remember we fought really hard for what was in that bill and to have it be vacated to get an even more watered-down one is concerning to me," he added.

-- Updated: 5:33 p.m.