DOJ Walks Back Guidance Discouraging Use of Private Prisons

The Department of Justice has rescinded guidance from August that discouraged the use of private prisons.

“This will restore (the Bureau of Prison’s) flexibility to manage the federal prison inmate population based on capacity needs,” the Justice Department said in a statement.

In August, then-deputy Attorney General Sally Yates directed the Bureau of Prisons to reduce its use of private prison contracts. In the August memo, she said private prisons had been used to house a prison population that had grown 800% between 1980 and 2013.

But, she said, the population is now on the decline, from 220,000 in 2013 to 195,000 in 2016.

A DOJ official said on background Thursday that the BOP has 12 private prison contracts, housing approximately 21,000 inmates.

In a new memo dated February 21 and released for the first time on Thursday, Attorney General Jeff Sessions wrote that the Yates memo “changed long-standing policy and practice, and impaired the bureau’s ability to meet the future needs of the federal correctional system.” He directed the bureau to “return to its previous approach.”

“This will restore BOP’s flexibility to manage the federal prison inmate population based on capacity needs,” the Justice Department said in a statement Thursday.

New Jersey Democratic Sen. Cory Booker was quick to speak out against the change in policy.

“The Trump administration’s decision to reverse course on existing policies designed to gradually end the use of private prisons is a major setback to restoring justice to our criminal justice system,” Booker said in a statement. “The Bureau of Prisons’ own inspector general has found that privately-managed prisons housing federal inmates are less safe and less secure than federal prisons, and these facilities have seen repeated instances of civil rights violations. Attaching a profit motive to imprisonment undermines the cause of justice and fairness.”

(h/t CNN)

Reality

As The Week put it: “Private prisons ultimately pose a greater threat to inmates because of their raison d’être; they exist solely to make a profit off of incarcerated individuals.”

The private prison industry also have contributed big sums to pro-Trump groups, including the organization that raised a record $100 million for his inauguration last month.

Trump Makes False Statement About U.S. Murder Rate to Sheriffs’ Group

President Trump met Tuesday morning with a group of sheriffs from the National Sheriffs Association, a group that consists of more than 3,000 sheriffs from around the country. And to this sworn group of  law enforcement veterans, with reporters taking notes, he again repeated a falsehood about the murder rate in America.

Trump told the sheriffs, “the murder rate in our country is the highest it’s been in 47 years.” He blamed the news media for not publicizing this development, then added, “But the murder rate is the highest it’s been in, I guess, 45 to 47 years.”

The country’s murder rate is not the highest it’s been in 47 years. It is almost at its lowest point, actually, according to the FBI, which gathers statistics every year from police departments around the country.

The murder rate is defined as the number of murders and non-negligent homicides per 100,000 residents. Beginning in 1957, when the rate was 4.0 murders per 100,000 residents, the rate rose steadily to a high of 10.2 in 1980. It then steadily dropped, to 7.4 in 1996, to 6.1 in 2006, to 4.4 in 2014. It went up in 2015 to 4.9. But that is less than half the murder rate of 1980. The raw number of homicides in America has actually declined from 19,645 in 1996 to 15,696 in 2015, even while the population has risen from 265 million in 1996 to 321 million in 2015.

The violent crime rate in America also has plummeted over the years. Defined as murder, rape, robbery and aggravated assault, violent crimes peaked at a rate of 758 per 100,000 residents in 1991, and the rate was about 373 violent crimes per 100,000 in 2015, again a decline of more than half.

The statistics for 2016 are not yet available. Here is the FBI’s violent crime table for the years 1996 to 2015.

(h/t Washington Post)

Timing Suggests Trump’s Tweet About Sending ‘Feds’ to Chicago Was Response to Bill O’Reilly Segment

President Donald Trump may be making decisions based on what he watches on Fox News.

Late on Tuesday, the president tweeted about the gun violence in Chicago, writing, “If Chicago doesn’t fix the horrible ‘carnage’ going on, 228 shootings in 2017 with 42 killings (up 24% from 2016), I will send in the feds!”

Numerous reporters noted that Trump’s tweet came shortly after an “O’Reilly Factor” segment on the same topic, which cited the same statistics and even used the word “carnage,” a recent favorite noun of Trump’s.

Though Chicago has a higher number of gun deaths than any other major city, the number of deaths per capita is notably lower than in other cities because of Chicago’s large population. And while the city has attempted to use strict gun laws to curb shootings, about 60% of guns used in shootings last year were purchased out of state.

Tuesday’s tweet would hardly be the first time Trump has fired off a proposal in reaction to a TV segment.

Axios confirmed that Trump reads The New York Times and The New York Post, frequently tunes into cable TV — most notably MSNBC’s “Morning Joe” and NBC’s “Meet The Press” — and will praise or criticize aides after performances on TV.

Many top policymakers have attempted to get their message to Trump via his favorite TV programs.

Appearing on “Morning Joe” on Wednesday, Rep. Elijah Cummings thanked host Joe Scarborough for asking him about how he would work with Trump on reducing prescription drug pricing, and then he spoke directly to the president.

“Joe, I want to thank you all for giving that opening, and to the president, I know you’re watching, so I’m looking forward to meeting with you,” Cummings said.

Trump Promotes Unconstitutional and Failed Stop-And-Frisk Policing

Republican presidential candidate Donald Trump praised the controversial “stop-and-frisk” police tactic Wednesday, saying it “worked incredibly well” when it was used in New York City.

Trump was speaking at a town hall moderated by Fox News’ Sean Hannity at a mostly black church in Cleveland, Ohio when he was asked how he would stop violence in black communities.

In response, Trump pointed to “stop-and-frisk”, which allows police to stop and search any person officers deem suspicious.

“I think you have to [do it],” Trump said. “We did it in New York, it worked incredibly well and you have to be proactive.”

“Now, we had a very good mayor, but New York City was incredible, the way that worked, so I think that could be one step you could do.”

“Stop-and-frisk” drew complaints from New York City minorities, who claimed they were being disporportionately stopped for searches by officers. In 2013, a federal court ruled that the practice was unconstitutional and its use has since been scaled back.

(h/t Fox News)

Reality

Donald Trump isn’t the “law and order candidate,” but the “every failed police tactic that targeted minorities candidate.”

Trump failed to mention that in every city where stop-and-frisk was implemented, they have become case studies in the perils of such an approach. And it was quite brazen of Trump to promote it at an African American forum since it overwhelming targeted based om race, not reasonable suspicion, and caused African American, Latino, and other minority communities to distrust the police and avoid them when nearby.

Four of the five biggest American cities — New York, Los Angeles, Chicago and Philadelphia — have all used stop-and-frisk tactics in an attempt to lower crime. Despite what Trump says, the results are mixed, and in each city the methods have been found unconstitutional for disproportionately targeting minorities.

For example, in Donald Trump’s hometown the NYPD’s practices were found to violate New Yorkers’ Fourth Amendment rights to be free from unreasonable searches and seizures and also found that the practices were racially discriminatory in violation of the Equal Protection Clause of the Fourteenth Amendment.

Trump wants to take this nationally.

The most proven form of policing is when officers work with communities thereby gaining trust of a population. So when there is an issue in their neighborhood, residents are more likely to open up and offer evidence.

Donald Trump is wrong that ‘inner-city crime is reaching record levels’

As part of Donald Trump’s declared outreach to black voters, the Republican presidential nominee has painted a dire picture of American “inner cities” rife with crime, and stated only he can make them safe.

(h/t Wall Street Journal)

Reality

PolitiFact gave Trump’s claim a “Pants on Fire,” their worst truth rating, and even the conservative-leaning Wall Street Journal corrected Trump on his disregard for the facts.

While crime has indeed ticked up recently, according to FBI data it remains near historic lows, even in America’s largest cities like Mr. Trump’s hometown of New York City.

And even if crime isn’t hitting record levels, there is growing evidence that there has been a one-year uptick, at least in certain cities. Trump’s supporters have seized on this as evidence that Trump isn’t totally off base in claiming that crime is on the rise.

Even if the recent one-year spike proves durable, the rates of homicides and violent crime in general have fallen so much in the past 25 years that the recent increases will not push them up to “record” levels at any time in the near future.

 

Trump Tweets Police Deaths Up 78%, When Actually Unchanged

Twitter

In a tweet Donald Trump repeated a previously debunked statistic that police officers killed in the line of duty by gunfire is up 78% this year. However the number of officers killed in the line of duty has not changed compared to last year.

Reality

This is a tragic stat which is why Donald Trump should not be dishonest with these figures.

The Officer Down Memorial Page, which tracks officer deaths, reports that as of the time of Trump’s tweet 32 police officers have been killed by gunfire so far this year, while 21 were killed in line of duty by gunfire during the same period last year. That is a 52% increase.

But keep in mind that context is important. Overall the total number of officers killed in the line of duty compared to last year is unchanged, at 69.

Trump repeated a false statistic regarding officer deaths a week prior when he spoke at the Republican National Convention, but said police killed in the line of duty was up 50%, when at the time it was actually down 1%.

Donald Trump wants to claim Blue Lives Matter but he is willing to dishonor police by exaggerating real officer deaths to stoke fears for political gain.

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