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The Marshall Project
Opening Statement
January 14, 2022
Edited by Andrew Cohen
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Pick of the News

TMP“First you have to admit you have a problem.” We asked six federal prisoners and a prison worker this week what they’d like to see in a leader to run the Bureau of Prisons now that director Michael Carvajal has resigned. We need a director who believes that prisoners can be rehabilitated,” said Rachel Padgett, serving time in Florida. “I hope the new director will get control of the virus,” said Rhonda Flemining, who is also incarcerated at the federal women’s prison in Tallahassee. “I’ve never seen morale as low as it is,” said Aaron McGlothin, a prison union official in California. TMP’s Keri Blakinger brings us these voices and more in the latest installment of our “Life Inside” series. The Marshall Project

Thousands of federal prisoners will soon be freed for earned “time credits,” after the Justice Department belatedly triggered a key component of the First Step Act. The feds on Thursday announced they would change the formula by which credits are calculated so that thousands of federal prisoners will become eligible for release earlier than they would have been. Some will go to halfway houses, others to home confinement. Transfers are underway, federal officials said. The Associated Press TMP Context: President Biden gets a second chance to make a first impression at the Bureau of Prisons. The Marshall Project

The first “seditious conspiracy” charges are here. Federal prosecutors on Thursday filed criminal charges against Stewart Rhodes, the founder of the far right “Oath Keepers” militia group, for his alleged role in the Capitol riot and insurrection. The Associated Press Ten other members or associates of the group also were charged. The Washington Post At least four Oath Keeper members are cooperating with the feds. The New York Times More: Read the indictment. U.S. District Court, District of Columbia Background on the case against Rhodes. Los Angeles Times Trump officials ignored violent online messages before the riot. Politico TMP Context: A guide to insurrection legalese. The Marshall Project

Baltimore’s police corruption scandal is worse than we thought. A multimillion-dollar investigation into 2017’s Gun Trace Task Force scandal produced more graphic evidence of police misconduct, professional ineptitude, and a systematic decades-long effort by police and city officials to cover it up. “There are no heroes here,” said Michael Browich, the former Justice Department inspector general who led the investigation. The FBI arrested seven officers in March 2017. Baltimore Sun TMP Context from 2015: The softer side of Baltimore’s police reforms. The Marshall Project

Cops as robbers. Texas law enforcement officials are investigating Real County Sheriff Nathan Johnson amid allegations he ordered his deputies to seize money and vehicles from undocumented immigrants during traffic stops. The Washington Post The U.S. Supreme Court this week struggled over rules that would apply to asylum seekers who are waiting to have their claims resolved in immigration court. Must they be held in detention while they wait? Courthouse News More: Families separated at the border during the Trump era now worry they will be targeted by criminals who mistakenly believe they’ve been given large cash settlements by Biden administration officials. The Associated Press

N/S/E/W

Baltimore State’s Attorney Marilyn Mosby was indicted on Thursday by a federal grand jury in Maryland for allegedly committing perjury and signing a false loan application. Baltimore Sun She used the money she took from her own retirement account to make a down payment on a vacation home in Florida. The Washington Post

California Gov. Gavin Newsom on Thursday rejected a parole recommendation for Sirhan Sirhan, the man who assassinated Robert F. Kennedy in Los Angeles in June, 1968. Los Angeles Times More: Newsom explains his decision in an op-ed. Los Angeles Times

Duane Lake spent six years in a jail cell in Mississippi for a murder he didn’t commit, largely because he found himself without adequate legal representation in a state notorious for its poor public defense system. Mississippi Center for Investigative Reporting More: After nearly half a century in prison—and a last-minute glitch with the parole board—Bobby Sneed was finally released from prison in Louisiana. The Lens

The case of Harmony Montgomery, a seven-year-old girl gone missing in Massachusetts two years ago, raises questions about whether the state’s child welfare system sufficiently protected her. Boston Globe

Police officials in Miami, Florida, reinstated seven officers who were fired, suspended, or demoted during the brief, tumultuous reign of former police chief Art Acevedo. Miami Herald

Commentary

Don’t let the fight over critical race theory derail bipartisan justice reform. “Even if Americans can’t seem to agree about what elementary students should learn, surely we can have an adult conversation about race in the justice system.” Washington Monthly

Race and prison censorship. Time to stop “a widespread pattern of censorship by prisons that selectively and intentionally target books by Black authors and books containing criticism of the treatment of Black people in this country.” The Washington Post

Subpoenaing journalists always raises First Amendment questions. The House Select Committee investigating the Capitol riot wants to see the phone records of a journalist who says such a search would expose confidential sources. Just Security More: The committee subpoenas the records of social media giants. The Wall Street Journal

Forensic journalism and a dubious conviction. The police shooting of Cortez Bufford in St. Louis in December 2019 never sat well with a journalist who set out to deconstruct the officer’s defense. Her conclusion: A weak defense has only grown weaker. Riverfront Times

Tattered robes. Judges have to reckon with the excessive sentences they’ve handed down and all the other ways in which they’ve helped perpetuate injustice. The Square One Project

Etc.

No Opening Statement on Monday. The Marshall Project will be closed in honor of Martin Luther King, Jr. Day. We hope everyone has a safe holiday weekend. See you back here bright and early Tuesday morning.

Pot records linger. At least 34,000 long-ago marijuana convictions still haven’t been expunged from California’s records despite a 2018 measure that was designed to speed up the process. Los Angeles Times

Testimony about grim conditions in solitary confinement in a Louisiana prison. A federal class-action lawsuit over mental health treatment and conditions inside the David Wade Correctional Center began this week. Former prisoners say their treatment was unnecessarily harsh. The Lens

Traffic and pedestrian stops by police in California were down sharply in 2020, new state data reveals. The statistics raise new questions about racial disparities and the treatment of transgender motorists and pedestrians. Los Angeles Times

“An erratic point system built on unsubstantiated inferences.” A federal appeals court this week revived a request for asylum by an immigrant from El Salvador who was targeted for removal from the U.S. based on a flawed MS-13 gang database. 1st U.S. Circuit Court of Appeals

New federal recidivism figures. A new study tracked nearly 14,000 federal drug trafficking offenders who were released from prison in 2010. The 47% re-arrest rate is similar to a previous study in 2005 and to the rates for people released for other crimes. U.S. Sentencing Commission

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