Senate passes criminal justice overhaul, handing Trump a win

The Senate passed a bipartisan criminal justice reform bill on Tuesday night, handing a significant victory to President TrumpDonald John TrumpA better VA, with mental health services, is essential for America's veterans Pelosi, Nadler tangle on impeachment, contempt vote Trump arrives in Japan to kick off 4-day state visit MORE and senators who lobbied to advance the legislation before the end of the year.

Senators voted 87-12 on the legislation, which merges a House-passed prison reform bill aimed at reducing recidivism with a handful of changes to sentencing laws and mandatory minimum prison sentences.

Its passage is also a win for Jared KushnerJared Corey KushnerTrump pushing for GOP donor's company to get border wall contract: report Trump family members will join state visit to UK Top Palestinian negotiator: Trump wants our surrender MORE, Trump's son-in-law and senior adviser, who took on criminal justice reform as one of his primary policy goals and who has lobbied individual senators to back the bill for months.

Conservative lawmakers had scrambled to make changes to the White House-backed bill ahead of the vote Tuesday night. Twelve Republican senators ended up voting against the measure despite Trump’s support.

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The bill still needs to clear the House, which starts back in session on Wednesday, before it can go to Trump’s desk for a signature. Advocates believe it will get a vote in the lower chamber as soon as Thursday as lawmakers aim to wrap up their work this week before leaving town for the holiday recess.

Speaker Paul RyanPaul Davis RyanAmash storm hits Capitol Hill Debate with Donald Trump? Just say no Ex-Trump adviser says GOP needs a better health-care message for 2020 MORE (R-Wis.) indicated after the Senate vote that the House would take it up before the end of the year.

"Criminal justice reform is about giving more Americans a chance at redemption. The House looks forward to sending it to the president to become law," he said in a tweet

Trump quickly touted passage of the legislation in the Senate on Tuesday night, tweeting that the bill "will keep our communities safer, and provide hope and a second chance, to those who earn it."

Senate passage of the criminal justice bill is a major victory for advocates following years of legislative limbo for such bills amid vocal opposition from conservatives and an indifferent reception from GOP leadership. Republicans appeared poised as recently as this month to punt the bill to 2019 amid deep divisions in the GOP caucus and a tight floor schedule.

Supporters got a major break in November when Trump endorsed the bill, calling it “tough on crime” and telling lawmakers he was “waiting with a pen” to sign the legislation. He doubled down earlier this month on urging Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellThe Hill's 12:30 Report: Trump orders more troops to Mideast amid Iran tensions What if 2020 election is disputed? Immigration bills move forward amid political upheaval MORE (R-Ky.) to bring the bill for a vote before the end of the year, saying in a tweet, “Go for it Mitch!”

Those backing the bill touted the president's support for the legislation, pledging that criminal justice reform would give the White House a major bipartisan win before Republicans lose their unified government starting in January.

Sen. Chuck GrassleyCharles (Chuck) Ernest GrassleyTrump-Pelosi fight threatens drug pricing talks Overnight Health Care — Presented by PCMA — Senators unveil sweeping bipartisan health care package | House lawmakers float Medicare pricing reforms | Dems offer bill to guarantee abortion access Bipartisan senators reveal sweeping health care package MORE (R-Iowa), the outgoing chairman of the Senate Judiciary Committee, said even Trump — “who has a reputation for being tough on crime” — supported the bill because he realized there was “unfairness” within the judicial system and that Republicans could be both “tough on crime” but also “fair on crime.”

“This is an opportunity for a Republican majority in the United States Senate to show that this Republican president can do something that even President Obama couldn’t get done,” Grassley said Tuesday, adding that passage of the bill is a “big, bipartisan legislative accomplishment” for the president.

Senators have been negotiating on a potential criminal justice deal for months, working closely with Kushner.

For a group of conservative senators, Trump’s backing wasn’t enough to quell their opposition to the bill. In the end, 12 GOP senators voted against the bill: John BarrassoJohn Anthony BarrassoTrump boxed in on trade Export-Import Bank back to full strength after Senate confirmations Mike Enzi announces he'll retire from Senate after 2020 MORE (Wyo.), Tom CottonThomas (Tom) Bryant CottonGOP senator says Iran needs to 'stop acting like an outlaw' Sen. Tom Cotton: 'Memorial Day is our most sacred holiday' The Hill's Morning Report — After contentious week, Trump heads for Japan MORE (Ark.), Mike EnziMichael (Mike) Bradley EnziKudos to the legislators trying to fix our broken budget On The Money: Mnuchin signals officials won't release Trump tax returns | Trump to hold off on auto tariffs | WH nears deal with Mexico, Canada on metal tariffs | GOP fears trade war fallout for farmers | Warren, regulator spar over Wells Fargo Budget chairs pick former Bush official to head CBO MORE (Wyo.), John KennedyJohn Neely KennedyMORE (La.), Jon Kyl (Ariz.), Lisa MurkowskiLisa Ann MurkowskiMurkowski celebrates birthday with electric scooter ride Overnight Energy: Park Service plans to pay full-time staff through entrance fees | Oil companies join blitz for carbon tax | Interior chief takes heat for saying he hasn't 'lost sleep' over climate change Democrats grill Trump Interior chief for saying he hasn't 'lost sleep' over climate change MORE (Alaska), Jim RischJames (Jim) Elroy RischOvernight Defense: 1,500 troops heading to Mideast to counter Iran | Trump cites Iran tensions to push through Saudi arms sale | Senate confirms Army, Navy chiefs before weeklong recess Senators say Trump using loophole to push through Saudi arms sale On The Money: Senate passes disaster aid bill after deal with Trump | Trump to offer B aid package for farmers | House votes to boost retirement savings | Study says new tariffs to double costs for consumers MORE (Idaho), Ben SasseBenjamin (Ben) Eric SasseSenate GOP votes to permanently ban earmarks The Hill's Morning Report - White House, Congress: Urgency of now around budget Senate Republicans running away from Alabama abortion law MORE (Neb.), Dan SullivanDaniel Scott SullivanHillicon Valley: Assange hit with 17 more charges | Facebook removes record 2.2B fake profiles | Senate passes anti-robocall bill | Senators offer bill to help companies remove Huawei equipment Senators offer bipartisan bill to help US firms remove Huawei equipment from networks Senators introduce bill to prevent border agency from selling personal data MORE (Alaska), Marco RubioMarco Antonio RubioFrustration boils over with Senate's 'legislative graveyard' Senate passes disaster aid bill after deal with Trump GOP senators work to get Trump on board with new disaster aid package MORE (Fla.), Mike RoundsMarion (Mike) Michael RoundsKlobuchar: Trump plan doesn't deal with 'comprehensive immigration issue' GOP gets used to saying 'no' to Trump On The Money: Wells Fargo CEO steps down | Trump vows to keep funding for Special Olympics | House panel approves marijuana banking bill | Controversial Fed pick gains support in Senate MORE (S.D.) and Richard ShelbyRichard Craig ShelbyOn The Money: Conservative blocks disaster relief bill | Trade high on agenda as Trump heads to Japan | Boeing reportedly faces SEC probe over 737 Max | Study finds CEO pay rising twice as fast as worker pay Conservative blocks House passage of disaster relief bill The Hill's Morning Report — After contentious week, Trump heads for Japan MORE (Ala.). 

Senators on Tuesday also voted down several floated changes from Cotton and Kennedy, who were the bill's biggest opponents in the Senate.

Cotton argued that his amendments were in line with the intent of the bill and would “fix some of the worst part of the bill.” But, he added, he still believed the legislation is “deeply unwise” and would result in the “early release from prison thousands of serious, repeat and potentially violent felons over the next few months.”

“There are very modest amendments. The are consistent with the rhetoric of the bill’s sponsors. I know that some of the sponsors have said this is a poison pill. I frankly don’t see why. It is consistent with their own rhetoric,” Cotton said.

Kennedy separately told reporters that he wouldn’t support the bill even if his amendments were added, saying, “I just think the approach is wrong.”

The Cotton-Kennedy amendments would including requiring that the victims or families of victims are notified when an individual is released. Another change would be to make publicly available the rearrest data for those released, as well as information on prior offenses by those released and the crimes for which they were imprisoned.

The Kennedy-Cotton amendments would also add approximately 10 offenses to a list that excludes someone from being eligible for the bill’s earned-time credits, which could be used to shorten sentences.

But each of their amendments was rejected with more than a dozen GOP senators joining with Democrats to block them from getting added to the bill, warning that their inclusion would threaten support for the legislation and likely sink its chances of passing the Senate.

No Democrats voted for Cotton and Kennedy's proposed changes on Tuesday night and Sen. Dick DurbinRichard (Dick) Joseph DurbinSenate Democrats to House: Tamp down the impeachment talk Threat of impeachment takes oxygen out of 2019 agenda Senate Democrats request watchdog, Red Cross probe DHS detention facilities MORE (Ill.), the No. 2 Senate Democrat, warned the caucus was “overwhelmingly opposed” to them.

The criminal justice fight put a spotlight on the sort of GOP divisions leadership generally tries to avoid. And McConnell, who ended up voting for the bill, acknowledged earlier Tuesday that some members of his caucus continued to have “outstanding concerns that the bill currently leaves unaddressed.”

Grassley tried to bring up an amendment that included changes for faith-based groups, would add additional crimes that exclude an individual from earning credits that reduce a sentence, extend an independent review committee tasked with overseeing implementation of the bill from two to five years and require annual supports.

The amendment would have worked in requested changes from GOP Sens. James LankfordJames Paul LankfordSenate passes disaster aid bill after deal with Trump Congress reaches deal on disaster aid Bipartisan group of senators introduce legislation designed to strengthen cybersecurity of voting systems MORE (Okla.) and Ted CruzRafael (Ted) Edward CruzOn The Money: Conservative blocks disaster relief bill | Trade high on agenda as Trump heads to Japan | Boeing reportedly faces SEC probe over 737 Max | Study finds CEO pay rising twice as fast as worker pay Conservative blocks House passage of disaster relief bill The Hill's Morning Report — After contentious week, Trump heads for Japan MORE (Texas) that are considered noncontroversial by both sides, but Kennedy objected because of the extension of the review committee.

“If you believe our sentencing laws are unjust then I am prepared to stay here night and day through Christmas and let’s debate them and fix them,” he said. “But that’s not what this is doing. What this is doing is giving away all our authority as United States senators to nameless bureaucrats.”

Instead they approved an amendment advocated by Lankford that only included the changes for faith-based groups and the additional exclusions on what criminals are eligible for the earned-time credits, requested by Cruz.

Drafters of the legislation said they thought they had included the changes in a revised bill they rolled out last week, but acknowledged after filing it that the provisions for Lankford and Cruz were left out and instead would have to be added on the floor.

The Senate’s passage of the criminal justice bill is years in the making. Grassley and Durbin led a bipartisan group of senators who introduced a broader sentencing and prison reform bill in 2015, only to see the legislation go nowhere despite believing they had 60 votes.

Supporters blamed the standstill on leadership not wanting to highlight GOP divisions heading into the 2016 election, when they were defending two dozen Senate seats.

They reintroduced the bill in 2017 but acknowledged they had an uphill climb with Jeff SessionsJefferson (Jeff) Beauregard SessionsFive takeaways from Barr's new powers in 'spying' probe Amash: Some of Trump's actions 'were inherently corrupt' 'Persuadable' voters are key to the 2020 election — and the non-screaming news industry MORE, who had been a vocal Senate opponent to the bill, as attorney general and Trump in the White House. And they were at a standstill with the House for months, which passed a prison reform only bill earlier this year.

Durbin and Sen. Cory BookerCory Anthony BookerGillibrand seizes on abortion debate to jump-start campaign 2020 hopeful John Delaney unveils T climate plan Harris readies a Phase 2 as she seeks to rejuvenate campaign MORE (D-N.J.) have also been furiously working to build Democratic support for the bill amid public concerns that Trump’s endorsement of the bill could spark backlash from several Democrats eyeing White House bids in 2020.

No Democrats voted against the bill on Tuesday night.

“We’ve worked long and hard on this. We’ve had policy groups, prosecutors, civil liberties groups. All have carefully reviewed this. No one is getting what they wanted completely. This is a product of compromise. But that’s how you pass a bill in the United States Senate,” Durbin said. 

Updated: 9:10 p.m.