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“FORGET ALLEGIANCE TO TRUMP” Fred Upton reveals what the GOP must do to reclaim its congressional majority.
May 2022 Volume 56, No. 2
America’s
CRIME CRISIS It Doesn’t Have to Be This Way. by Pete Stauber Plus: Jason Miyares explains why prosecutors must put victims first. And: Hannah Meyers examines the existential challenge facing police departments today. www.riponsociety.org
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“Ideas that matter, since 1965.“ Volume 56, Number 2 Interview
Cover Story (cont’d)
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Prosecutors Must Put Victims First By Jason Miyares There are some locally elected prosecutors who are choosing not to prosecute groups of crimes, selectively choosing pieces of the law to enforce and pieces to ignore.
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The Disappearance of Trial by Jury By Clark Neily According to the U.S. Sentencing Commission’s 2021 Sourcebook, 98.3 percent of federal criminal convictions came from guilty pleas, and only two percent of cases went to trial.
“AMERICAN REBOOT” A Conversation with Will Hurd The former Congressman, CIA officer, and cybersecurity executive discusses his new book and his vision for the country and the GOP.
Politics and Perspective 8
Fentanyl Makes an Already Dangerous Drug Market More Deadly than Ever By Bryce Pardo & David Luckey With drug overdoses now the leading cause of death for people aged 18 to 45, America will not be able to simply arrest, seize, or treat its way out of this crisis.
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Young Americans Want Republicans to Support Climate Policy By Brian Martinez The GOP has an opportunity to adopt a more balanced approach to climate policy, one focused on American innovation and job creation.
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Our Pretrial System Needs To Be Torn Down and Rebuilt By Megan T. Stevenson Almost 75 percent of the U.S. jail population sits in jail unconvicted, awaiting a hearing or trial. The sole legal justification for their incarceration involves speculation about what they might do if released. Third Time is Not the Charm for Failed Bail Reform Movement By Jeffrey J. Clayton When it comes to the right to bail, a thousand years of English common law and a settled system are more than capable of solving the ills that plague us if attorneys go to court and argue well.
Cover Story 12
America’s Crime Crisis: It Doesn’t Have to be This Way By Pete Stauber Across the country, families fear for their safety in the face of rising violence, and are becoming angry when they hear about criminals being released back onto the streets.
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The Existential Challenge Facing Police Departments Today By Hannah E. Meyers Officer retirements and resignations have surged in the past two years and it’s become harder for many agencies to recruit quality candidates — or any at all.
Sections
Publisher The Ripon Society Jim Conzelman, President Editor Lou Zickar Deputy Editor Kyle Chance Advertising Coordinator Autumn Reed
Editorial Board Thomas Tauke Michael Castle Erik Paulsen Billy Pitts Pamela Sederholm Jim Murtha John Feehery
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In this Edition News & Events - “McHenry Discusses Importance of GOP Having a Positive Plan to Run on This Year” Ripon Profile - U.S. Rep. Fred Upton
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RIPON FORUM May 2022
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THE RIPON SOCIETY HONORARY CONGRESSIONAL ADVISORY BOARD U.S. Senators: Shelley Moore Capito - Senate Co-Chair Todd Young – Senate Co-Chair Marsha Blackburn Roy Blunt Richard Burr Bill Cassidy, M.D. Susan M. Collins Steve Daines Joni Ernst Deb Fischer John Hoeven Jerry Moran Mike Rounds Thom Tillis Roger Wicker U.S. Representatives: Rodney Davis - House Co-Chair Jackie Walorski - House Co-Chair Darin LaHood - Vice Chair, Midwest Mike Kelly - Vice Chair, Northeast Dan Newhouse - Vice Chair, West Frank Lucas - Vice Chair, Southwest Ann Wagner - Vice Chair, South Mark Amodei Kelly Armstrong Don Bacon Troy Balderson Andy Barr Stephanie Bice Mike Bost Vern Buchanan Larry Bucshon, M.D. Michael C. Burgess, M.D. Ken Calvert Buddy Carter Tom Cole John Curtis Tom Emmer Ron Estes Brian Fitzpatrick Andrew Garbarino Anthony Gonzalez Kay Granger Garret Graves Sam Graves Jessica Herrerra Beutler French Hill Trey Hollingsworth Bill Huizenga Bill Johnson Dusty Johnson Dave Joyce John Joyce, M.D. John Katko Young Kim Adam Kinzinger Bob Latta Billy Long Nancy Mace Brian Mast Kevin McCarthy Michael McCaul Peter Meijer Carol Miller John Moolenaar Blake Moore Guy Reschenthaler Tom Rice Cathy McMorris Rodgers Steve Scalise Lloyd Smucker Pete Stauber Bryan Steil Glenn “GT” Thompson Mike Turner Fred Upton David Valadao Brad Wenstrup, D.P.M. Steve Womack
In this edition
With over a dozen cities in America setting new homicide records in 2021 and more police officers killed in the line of duty than in any year since 1995, the latest edition of The Ripon Forum examines “America’s Crime Crisis” and the steps that should be taken to reduce violence and increase public safety in our country. Leading the Forum’s coverage of this issue is an essay by U.S. Rep. Pete Stauber (MN8). Stauber spent over two decades as a police officer in his hometown of Duluth before his election to Congress in 2018. He is now a leader in the police reform effort on Capitol Hill. In his essay, he talks not only about the impact of crime on American families, but why he believes crime has been on the increase in recent years. “The United States is suffering from a crime crisis,” Stauber writes. “Across our country, families fear for their safety when they hear stories of their neighbors falling victim to violent crime. And people are angry when they hear about criminals being released back into our communities due to woke district attorneys who refuse to press charges for criminal actions, leaving victims wondering why. Let’s be clear: this crime crisis and its devastation on the American people are a direct result of the Democrats’ obsession with the radical defund and disparage the police movement. Local politicians catering to radical activists rather than supporting law enforcement has dire consequences. The police profession has become not only undesirable, but more dangerous even for seasoned veteran officers who are just trying to keep their communities safe. Those with the noble desire to protect and serve are being forced into early retirement and recruiting into the profession has been difficult.” Hannah Meyers of the Manhattan Institute examines some of these difficulties in an essay entitled, “The Existential Challenges Facing Police Departments Today.” The statistics she cites are alarming. “In New York City,” Meyers writes, “over 5,300 NYPD uniformed officers resigned or retired in 2020 — a 75% spike over the previous year … Seattle hemorrhaged 180 officers in 2020 and 170 in 2021 — a near doubling of the 95 officers who left in 2019. In Chicago, 660 cops retired in 2021, nearly twice as many as in 2018.” Meyers shares her thoughts on the reasons for these difficulties and explores some of the positive steps police departments are taking to address them. These positive steps aside, she concludes that departments face an array of challenges ahead: “Police departments will need to convince recruits that being a cop is worth the increased dangers and will still be gratifying work even when offenders are cycled right back out to commit more crime. However, until criminal justice policies and political posturing shift, it’s going to be an uphill battle.” In an essay that shines a light on some of these policies and posturing, Virginia Attorney General Jason Miyares writes about the important role that prosecutors play in ensuring public safety and why he believes too many are increasingly falling down on the job. “There are some locally elected prosecutors who are choosing not to prosecute groups of crimes,” Miyares writes, “selectively choosing pieces of the law to enforce and pieces to ignore. This warped version of criminal justice has created a public safety crisis … This ‘criminal first, victim last’ mindset only leads to more crime, more victims, and less safety for our families.” In other essays examining America’s crime crisis, Clark Neily of the Cato Institute examines “The Disappearance of Trial By Jury” and the fact that over 98 percent of federal criminal convictions came from guilty pleas last year, while only two percent of cases went to trial. And Megan Stevenson, a professor at the University of Virginia’s School of Law, and Jeffrey Clayton, the Executive Director of the American Bail Coalition, look at America’s system of bail and the prospects – and peril – of reform. Bryce Pardo and David Luckey of the Rand Corp. write about the nation’s drug crisis and the growing threat of fentanyl. Brian Martinez of the American Conservation Coalition assesses a different kind of threat – the threat of climate change – and why it is a threat that young Americans would like to see Republicans address. In an interview, former Congressman and CIA officer Will Hurd discusses American Reboot, a book he has written about the broken system of politics in our country and his vision for change in the coming years. And in our latest Ripon Profile, veteran lawmaker Fred Upton reveals who inspired him as a child and what the GOP must do to reclaim its congressional majority in 2022. As always, we hope you find this latest edition of the Forum interesting and informative, and welcome any questions or comments you may have. Lou Zickar, Editor louzickar@riponsociety.org RIPON FORUM May 2022
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Interview
“AMERICAN REBOOT”
A Conversation with Will Hurd Will Hurd has had a fascinating career. A former cybersecurity executive, undercover officer with the CIA, and U.S. Congressman representing the 23rd District of Texas, he is now a managing director with Allen & Company, where he is working with entrepreneurs on the cutting edge of technology to anticipate the shockwaves of the future. Hurd is also the author of a new book called American Reboot: An Idealist’s Guide to Getting Big Things Done. Described as a “bold political playbook” that offers “solutions to the era-defining crises that will shape the next 30 years,” the book is a combination of lessons that Hurd has learned over the course of his life, and recommendations to both the Republican Party and the American people moving forward. One could argue that the American people themselves are the stars of the book, and Hurd is their greatest admirer. Indeed, many of the lessons set forth in its pages are lessons that Hurd learned himself from the people he met on the campaign trail and while serving as their elected representative in Washington. If there is a villain in the book, it is members of Washington’s professional political class, who counseled him as a candidate to campaign only in Republican areas, and then rolled over without a fight as extreme forces took over the GOP. Hurd calls himself a “pragmatic idealist.” It’s easy to understand why he chose to leave congressional gridlock behind when he describes what that term means to him. “You talk about the things that matter and about what’s happening now,” he explains, “and you do it in a way that has an impact on the greatest number of people possible.” Today, Hurd’s greatest impact is being felt in the interviews and speeches he is giving about American Reboot and the vision it lays out for the future of America. The Forum talked with him recently about the book and his vision, and where he would like to see his country and party go in the next few years.
RF: You open the book by talking about your first campaign for Congress in 2010. You lost the election, but write that you walked away with some important lessons, one of which was the importance of showing up in places you weren’t expected. Could you talk about that and other lessons you learned on the campaign trail, and their relevance for Republicans and all elected officials today? WH: I had to grow in order to win and beat someone who was fairly entrenched in local politics. I had to do something different. And that’s why I showed up in communities that had never seen someone like me. What I learned was that they cared about the exact same things as everybody else. They cared about putting food on the table, a roof over their head, and taking care of the people that they love and making sure those people were healthy, happy, and safe. 4
That lesson made me realize the disconnect sometimes between how people encapsulate what’s going on in the world via cable news or social media versus reality. That lesson was important. And then the other lesson I learned was that campaigns are actually quite straightforward. ID your voters and turn them out. My tactical error in not doing that in that first campaign is something that I made sure I didn’t forget. RF: When you look at the last election, Republicans like Glenn Youngkin did make gains among Latino voters. Is that because he and other Republicans have started showing up in places they aren’t expected, or do you think it’s because Democrats have taken the Latino vote for granted for too long?
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WH: I think that the Democrats have not only taken for granted black and brown communities, but I think they have been wrong on two important issues that impacted those communities. Those issues relate to law enforcement and the energy sector. In southwest Texas, for example, a large percentage of the population depends on law enforcement for their employment and livelihood. Another large percentage of the population is dependent on the energy sector for their livelihood. When you attack those two sectors, you are going to see an impact. The opportunity for Republicans is to move beyond the thinking that we’ve seen over the last 30 years that the best way to win elections is to simply turn out the base. We need to grow the party beyond the base, because I don’t want to be in a governing position for only two years. I want to bring conservative values to the country for decades. And that means we have to broaden the coalitions and people who identify with the GOP.
about the political make-up of Congressional Districts and how they have been redrawn in a way that caters to the extremes. How can a pragmatic idealist such as yourself win in this kind of political environment? WH: You win the way I’ve always won -- by bringing new voters into the primary. The professional political class tells you to talk only to ‘likely’ Republican primary voters. Which means only the people who have voted in the last four Republican primaries. When you’re only talking to the people who are supporting you, then the outcomes are always going to be the same. And when those people are somewhere between only two percent and six percent of the entire electorate, that’s why we only talk to the edges of the party and not the middle. RF: Which is more broken in your opinion – our political system, or our system of government? WH: Well, the two are interrelated, right? Our political system drives our system of government. And our political system today is designed not to produce problem solvers. It’s designed to produce bomb throwers.
RF: In the book, you call yourself a pragmatic idealist. What does that mean exactly? WH: The idealist part is about helping the greatest We need to grow the number of people possible. The party beyond the base, pragmatic part is by basing that off where we are right now. because I don’t want to be That’s how I would encapsulate up on the in a governing position for titleRF:of Picking pragmatic idealism, and that’s your book, how only two years. what I think most people want. would you reboot our If you look at my home political system? state of Texas, we went through WH: It’s about having a primary election on March 1st. Only three million elected leaders who inspire rather than fearmonger. It’s people voted -- that’s Republicans and Democrats about having leaders who ensure that their audio and combined out of 30 million. That voter apathy was video match -- meaning the things that they say are because 27 million people, or a significant portion of reflecting the things that they do. 27 million people, didn’t think either side is providing You have people in our party who are not jerks, something of value to them. Neither side inspired misogynists, or homophobes. And you have people in them, nor did either side address the issues that these 27 our party who recognize there is way more that unites million people cared about. us as Americans than divides us and are willing to focus That’s why I think this philosophy of pragmatic on trying to address some of those issues where there is idealism works. You talk about the things that matter conceptual agreement on what needs to be done. and about what’s happening now, and you do it in a way So for me, reboot is about getting back to a fresh that has an impact on the greatest number of people instance of the operating system. It’s not changing possible. things or getting rid of things. RF: Picking up on that point, you also write
RF: And how about our system of government
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– what are some of the key steps you would take those things wrong. So go back to the first principles. And the first principle in this case is, are we doing to reboot that? WH: Let’s start with foreign policy. After being absolutely everything we can within our power to connected to the national security apparatus or the prevent the massacre of innocent people? I’m not national security community for over two decades, talking about sending American troops. But we should I have come to believe in a simple principle -- your be sending as much equipment that the Ukrainians can friends should love you and your enemy should fear absorb. Also, why did Vladimir Putin make this you. When you have the President of Ukraine asking us to do more and the President of Russia increasing decision now? Because he watched what happened the death and destruction, that means the President of in Afghanistan and the disaster of the pullout from Ukraine isn’t in love with you because he wants you to Afghanistan and he assumed that the American public had no appetite to do more, and the President support Ukraine. Putin of Russia is not afraid of misread the resolve of the you because he doesn’t Ukrainian people and he think you’ll do anything in misread the resolve of the response. Western Alliance. But the I think when it comes longer this conflict goes on, to the conflict that will the more impact it’s going determine whether or not to have on our European the American economy stays allies having to deal with the most important economy the effect of sanctions and in the world, the fate of that the growing humanitarian conflict will be determined crisis with Ukrainian by a number of advanced refugees. That’s going technologies, like 5G, to put pressure on these artificial intelligence cloud governments, and we may computing, hyper-sonics, start seeing fissures within and biotech. If the federal the Western alliance. government continues to show an inability to RF: Finally, turning your introduce new technologies attention to the upcoming into the government at election – Republicans are speed, or work with the now expected to retake the private sector effectively, or Our political system today House and possibly the cooperate with our allies in is designed not to produce Senate. Do you have any these areas, then the rest of problem solvers. It’s designed advice for your former the century is not going to colleagues as they stay the American century. I to produce bomb throwers. campaign this fall and believe we can. But one of look to possibly take the the problems we have in the reins of government next government is we always think about the last war. We need to get our eyes year? WH: In 2022, when Republicans win, we are going looking through the windshield, rather than the rearto win because Democrats have been incompetent and view mirror. because the American public is not interested in the RF: You mentioned Ukraine. As a former kinds of things Democrats were trying to do. That intelligence officer with the CIA and member means we have to put forward a vision of where we of the House Intelligence Committee on Capitol think we need to go. And when we have control, we Hill, what is your assessment of the situation in need to actually solve problems. Because if we don’t solve some of these major Ukraine and U.S. policy in that regard? WH: My assessment is that America should be problems -- which is going to require working with doing more. The reason I say that is because we always the Biden Administration -- then all of the problems in think that we’re going to understand the second, third, the country are going to get blamed on a Republican fourth, and fifth order of effects of what’s going to Congress, and then we’re going to see the exact RF happen. If we do something, we’re going to always get opposite result in 2024. 6
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Politics & Perspective
Fentanyl Makes an Already Dangerous Drug Market More Deadly than Ever by B RY C E PA R D O & D AV I D L U C K E Y More than 100,000 Americans died from a drug shrinking the population of drug users either indirectly, overdose in 2021 — double the number that died in 2015 by reducing their consumption through elevated prices, and more than the number that died from firearms and or directly, by transitioning users into drug treatment car crashes combined. Drug overdose is now the leading programs. But we won’t be able to simply arrest, seize, or treat cause of death for people aged 18 to 45. This tragedy has played out for decades, but, our way out of this crisis. A new strategic approach is since 2014, it has worsened sharply. That year, dealers needed, which is what prompted the formation of a joint legislative-executive and traffickers began branch Commission on introducing illegally Combatting Synthetic manufactured fentanyl into Opioid Trafficking, in 2020. the market, initially The bipartisan Commission concealing it as heroin, was guided by a goal to and eventually pressing it save American lives. into tablets made to look The Commission’s like genuine prescription report includes medication. recommendations that the Many of the same United States must work traits that make fentanyl an with the two major suppliers attractive drug for illegal of the chemicals needed to suppliers and Mexican make fentanyl—China and traffickers can make it a India―to stem the flow of death sentence to users. As precursor chemicals needed a synthetic opioid, fentanyl for its production. But even is not made from poppy, if a disruption in the flow but chemicals sourced from of necessary chemicals large industrial chemical were successful, it could sectors in China and We won’t be able to simply be short-lived if traffickers India. It is cheap and easy arrest, seize, or treat our way out in Mexico find new sources to produce. By weight, of this crisis. A new strategic of chemicals. Nonetheless, fentanyl is up to fifty times greater efforts to improve more potent than heroin, approach is needed. oversight of large chemical meaning very little is industries in Asia are needed needed to meet America’s to reduce the availability of demand for opioids. Perhaps only a few pickup truck loads of pure fentanyl are many common chemicals used to illegally manufacture drugs. Possible supply disruptions, even temporary ones, needed to supply our country for an entire year. Use of street-sourced drugs has always been risky, might save lives. That said, over the long run, synthetic opioids are but today’s level of risk is simply unprecedented. Many traditional drug policy goals have focused on raising the likely to increasingly reach illegal drug markets. Failure price of drugs sold illegally through seizures; reducing to recognize and respond to how rapidly these markets the demand for drugs through prevention programs; have changed with the arrival of illegally manufactured or promoting treatment to get those who use drugs into synthetic opioids will continue to put many Americans rehabilitation. In all cases, the focus has been about at risk of exposure to fentanyl, endangering the lives of 8
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hundreds of thousands more for years to come. which in turn could encourage individuals to consume Some who are overdosing on fentanyl, for example, street-sourced drugs with a trusted friend. Messaging do not even have what we traditionally consider a “drug might also better describe the means to dose more problem”—they might simply be consuming it once, as cautiously or slowly, which also might help reduce the a fake tablet, so our usual risks of fatal overdose. drug treatment responses All of this will require can’t help them. And many cooperation across the The United States must work of those who would benefit federal government, and with the two major suppliers of from treatment can’t do so coordination among all the chemicals needed to make if they suddenly die from levels of government, as well mistakenly consuming as with non-governmental fentanyl ― China and India ― fentanyl concealed in organizations. It is, quite to stem the flow of precursor heroin or cocaine. Although simply, what is necessary to chemicals needed for its drug supply and demand save lives. RF reduction efforts are production. necessary, they alone are Bryce Pardo is the now insufficient to stem associate director of the rising overdoses. RAND Drug Policy Research Center at the nonprofit, The Commission found that while going after nonpartisan RAND Corporation; David Luckey is a the supply chain is necessary, supporting efforts senior international and defense researcher at RAND domestically to reduce the harms these drugs cause is and a professor of policy analysis at the Pardee also vital. Changing the messaging around drug use RAND Graduate School. Both served on the staff should be considered, too. Such messaging could raise of the Commission on Combatting Synthetic Opioid awareness of the presence of fentanyl in the drug supply, Trafficking.
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Young Americans Want Republicans to Support Climate Policy
incredible opportunity to campaign and win on a smarter and more balanced approach to climate policy focused on American innovation and job creation. Recently the United Nations released the Working Group II contribution to the IPCC climate report. In this report, we see that not only are significant effects caused by climate change “baked in,” as in irreversible, but also that the report notes with “very high confidence” that climate change has significantly affected our mental health. The frequent “doom and gloom” articles on our news feeds are by BRIAN MARTINEZ taking a toll, and this climate alarmism is amplified by a lack of political action on both sides of the aisle. Climate “Republicans don’t care about climate change.” This is the message young Americans have always alarmism isn’t going to get us anywhere. In fact, it just heard from the kitchen tables to lecture halls, and all the stresses people out. Instead, solutions-first approaches are way to national primetime television. To an extent, it’s been crucial to fight climate change. Solutions-first approaches are exactly what Americans true in the past. It wasn’t that long ago when the head of the are hungry for, not regulatory Republican Party and most prominent restrictions or “red tape” hindering Republican said that climate change innovative growth. That’s a message was a “Chinese hoax.” Republicans can easily sell. Investing Time and time again we have in emission-reducing practices doesn’t seen that party leaders from both have to be at the expense of American sides of the aisle put climate action jobs. In fact, if done right, it can create on the back burner to focus on other more jobs and spark innovation all issues that rile up the base like border while combating climate change. security, the economy, and other social We’ve already seen how investment issues. It’s clear that climate change in clean energy has brought muchis one of the great threats facing the needed and significant revenue to rural United States – and the world – in the communities in the past. 21st century. But just because young Republicans should also people may say that Republicans Brian Martinez campaign on a commitment to natural don’t care about climate change or the climate solutions like conservation environment, they overwhelmingly Time and time again of our forests and the restoration of agree that Republicans should care — we have seen that eroded coastal habitats. Our polling 73% of them in fact! also showed that a staggering 79% of Young people are passionate party leaders from young Americans say “planting more about the environment. From marches, both sides of the aisle trees and restoring natural ecosystems rallies, petitions, and through advocacy, put climate action on would be effective in fighting climate they are making it clear that climate change.” Scientists have also estimated action is a priority. Unfortunately, the back burner to that natural climate solutions can many of them think only Democrats focus on other issues account for more than one-third of take climate change seriously, but they that rile up the base. the emissions reductions desperately often end up disappointed. In 2020, needed to meet our 2030 goals. A oneit’s estimated that 60% of Americans size-fits-all approach won’t work when under the age of 30 voted for Joe Biden. Yet, barely over one year into his presidency, 53% of it comes to truly reducing emissions. Natural solutions are them now believe that the country is on the wrong track. Why crucial to fighting climate change and Republicans can lead the charge. is that? Put simply, lack of tangible action. Transitioning to a clean future presents us with a According to my organization’s recent polling, more than half of young Democrats and Republicans want a myriad of opportunities to create jobs while protecting our balance between protecting the environment and growing lands. If Republicans can commit to this message and win the economy. Unfortunately, the Democrats currently in at the ballot box, real climate action will follow. The time RF power are proposing we spend trillions while expanding the to act is now and the generation to do it is ours. size of government, not paying attention to the economic consequences of reckless spending. With the midterm Brian Martinez is the midwestern regional director for the election coming up later this year, Republicans have an American Conservation Coalition. 10
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Cover Story
America’s
CRIME CRISIS It Doesn’t Have to Be This Way by Pete Stauber
Local and Federal law enforcement respond to an alleged shooting near the 2900 block of Van Ness Street in Washington, DC on April 22, 2022. Police said the victims include two adult men and one girl.
The United States is suffering with a crime crisis. Across our country, families fear for their safety when they hear stories of their neighbors falling victim to violent crime. And people are angry when they hear about criminals being released back into our communities due to woke district attorneys who refuse to press charges for criminal actions, leaving victims wondering why. Let’s be clear: this crime crisis and its devastation on the American people are a direct result of the Democrats’ obsession with the radical defund and disparage the police movement. Local politicians catering to radical activists rather than supporting law enforcement has dire consequences. The police profession has become 12
not only undesirable, but more dangerous even for seasoned veteran officers who are just trying to keep their communities safe. Those with the noble desire to protect and serve are being forced into early retirement and recruiting into the profession has been difficult. A lack of support from community leaders has a chilling effect on proactive policing, and with less law enforcement on the street, this crime crisis is only getting worse. It is no coincidence that places where the defund the police movement had strong support from local officials also saw drastic increases in crime. Take Minneapolis in my home state of Minnesota for example. In 2020, a majority of the city council announced their intent to “end policing as we know
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it.” In short order, they began their verbal assault on despite their voting records that prove otherwise. the profession and cut $8 million from their police Further, President Biden called to “fund the police” in budget. his 2022 State of the Union despite supporting defund These actions have had disastrous consequences the police policies just a little over a year ago. I hope for the community. In 2021, Minneapolis recorded he truly wants this policy change and it’s not just a its highest number of homicides in over 20 years and hollow attempt to aid vulnerable Democrats in the averaged two carjackings per day in December of that midterm elections. Unlike Democrats, Republicans year. It’s no surprise that the majority of Minneapolis don’t need election year polling to support the police. voters disagree with the defund the police movement As a former law enforcement officer of 23 years, and in November 2021 rejected a ballot initiative to I know that a properly staffed and trained police dismantle the police. force is necessary to keep The story in Minneapolis our communities safe. I also is one of most major American know that no one dislikes cities since defund the police a bad cop more than a good policies became a rallying cry cop. That said, I know the on the left. In 2021, over a overwhelming majority dozen cities across the country of the officers serving are set new homicide records. good people with good Carjackings have also been intentions whose jobs have skyrocketing in cities from become a lot more difficult Philadelphia to Chicago to than they already are thanks Washington, D.C. I’ve read far to the Democrats defund too many stories about these and disrespect the police carjackings happening when a movement. We must always child is in the car. As a father stand with these brave men of five, my heart breaks when I and women serving our read these stories. communities. A rise in crime isn’t the Police officers deserve only dangerous consequence unequivocal support to do of the defund the police their jobs. Funding should movement. More police officers be increased for our police were killed in the line of duty departments and improvements in 2021 than in any year since should be made to law As a former law 1995. Violence against police enforcement benefits to help officers also rose in 2021, as with recruitment and retention. enforcement officer of 73 police officers were killed, We should also look into 23 years, I know that an increase of 59% over 2020. expanding initiatives that a properly staffed and And in January 2022, at least would assist law enforcement 30 police officers were shot, with investigating, prosecuting, trained police force is an increase of 67% from 2021. and deterring violent crime. necessary to keep our Given this alarming trend, it is Additionally, criminals communities safe. no wonder why police forces must be prosecuted and held are struggling to recruit and accountable for their actions. retain officers. When progressive district It doesn’t have to be this way. We must support attorneys let off criminals with no consequences for their our police and make it clear that criminal actions have actions, it reinforces bad behavior and encourages more consequences. Both proactive policing and diligent criminal actions. These district attorneys must be held prosecutors are a deterrent to crime. accountable to their communities for their actions that While we Republicans have always been vocal in jeopardize the public safety. our support for law enforcement, Democrats have not. It’s time to enact common sense solutions to put an Nearly every single Democrat in the House voted for end to the crime crisis. Our families deserve safe and legislation that stripped law enforcement of money, secure communities. RF resources, and protection. Now that we are in election season, some moderate Democrats are attempting Pete Stauber represents Minnesota’s 8th District in to cover their tracks by claiming they support police the U.S. House of Representatives. RIPON FORUM May 2022
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The Existential Challenge Facing Police Departments Today by HANNAH E. MEYERS As nationwide crime rates surge — at least 16 cities public discussion. broke homicide records in 2021 — police departments In this environment, individual officers increasingly need capable and coolheaded cops. But officer retirements experienced life-altering vilification even when they and resignations have surged in the past two years, and had done nothing wrong. When Columbus, Ohio officer it’s become harder for many agencies to recruit quality Nicholas Reardon shot Ma’Khia Bryant as she attempted candidates — or any at all. to stab another girl in April 2021, In New York City, over he was met with a campaign of 5,300 NYPD uniformed officers abuse. Joe Biden’s White House resigned or retired in 2020 — a claimed the shooting underscored 75% spike over the previous policing’s systemic racism and year. The department reportedly U.S. Senators Cory Booker and had to cap the number who could Raphael Warnock cited Reardon’s file papers simultaneously so as actions as demonstrating the not to overwhelm the system. need for police overhaul. Many In Minneapolis, 105 officers left responses were more personal the department in 2020: more and menacing: NBA star LeBron than double the average attrition James tweeted, “YOU’RE NEXT rate. Seattle hemorrhaged 180 #ACCOUNTABILITY,” with an officers in 2020 and 170 in hourglass emoji over a photo of 2021 — a near doubling of the an officer at the shooting scene. 95 officers who left in 2019. In All this — although Reardon Chicago, 660 cops retired in was not even charged. His 2021, nearly twice as many as actions were deemed justifiable Hannah E. Meyers in 2018. And California’s police homicide, protecting an staffing crisis reportedly has Bay innocent girl. Officers in similar Area departments unable to fill conditions nationwide have found Officer retirements and hundreds of positions. Oakland themselves and their families the resignations have surged PD lost a record-breaking 86 targets of threats and abuse. in the past two years and officers in 2021 and 2022 is Meanwhile, police have on pace to be worse. And the become at greater risk of it’s become harder for San Francisco PD is reportedly physical harm from hesitating many agencies to recruit suffering from a significant in moments of confrontation. deficit among even non-sworn After Minneapolis Officer quality candidates — or professional staff. Derek Chauvin was charged any at all. Why don’t cops want to stay with murdering George Floyd on the job and why don’t others by pinning him under his knee, want to enter it? Among other reasons, the work has jurisdictions rushed to adopt often overlapping and become more dangerous and less gratifying. confusing bans on chokeholds. In New York, for instance, The increased risk is both physical and reputational. the City Council passed and then-mayor Bill de Blasio Following the 2020 death of George Floyd, a tsunami of signed legislation enhancing an existing ban, enabling anti-police sentiment confronted cops from the public, prosecutors to bring misdemeanor charges against officers the media, and policymakers. The ideas that police are if they used any move during an arrest that restricted the blanketly racist and cause more harm than good dominated person’s breathing “in any way.” 14
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The ambiguity of this language left cops terrified attrition? My colleague Robert VerBruggen has argued to grapple with suspects lest they unknowingly that in an unfriendly political and policy environment, expose themselves to legal liability. This law was so assurances of fair treatment and support from departments irresponsibly crafted that it was struck down in June and government officials can bolster officer morale. Such 2021 by a Manhattan Supreme Court judge for being assurances can help convince officers to still take on their “unconstitutionally vague.” However, many similar laws job proactively, confident of agency backing should they remain on the books, making officers more hesitant when have to use force. Former longtime Milwaukee Police struggling with violent suspects, exposing themselves and Chief Ed Flynn has argued that police executives can those around them to a greater risk of harm. increase officers’ sense of fulfillment by recognizing Changes in prosecution practices have also that even entry-level patrolmen routinely act as leaders: demoralized officers. In many cities, “progressive” they have authority to make decisions in high-pressure, prosecution policies adopted by legislatures or through the complex, and ambiguous situations while the world discretion of individual district attorneys have essentially watches to see if they act impartially. Flynn urges creating decriminalized whole and disseminating crime categories. In New a climate of ethical York State, bail “reform” leadership to build a more laws passed in 2019 and attractive agency culture tweaked the following — that is also better for year greatly reduced policed communities. the consequences In the short-term, for shoplifting— agencies nationwide emboldening thieves. In are scrambling to just the first two months overcome their short of the 2020 laws, the staffing with creative re-arrest rate for repeat new initiatives to attract commercial burglars was recruits. The Chicago 59%, and for secondPolice Department is degree robbery, 38%. piloting a streamlined Retail theft skyrocketed recruitment program to in New York City, where entice U.S. marines to Activists gathered and marched during a protest against the killing of Patrick Lyoya, who was killed by a Grand complaints jumped 36 move to Chicago and Rapids police officer during a traffic stop on April 4, 2022 percent from 2020 to join the department. in Grand Rapids, Michigan. 2021, a trend that has The Asheville Police continued with the Department is reporting announcement in January record low staffing, by new Manhattan offering a two-year DA Alvin Bragg that $225,000 contract to new Why don’t cops want to stay on the robberies will be treated hires, and have brought job and why don’t others want to as shoplifting – and in an outside firm to help shoplifting will essentially with recruitment. The enter it? Among other reasons, the not be prosecuted. No Baltimore PD, struggling work has become more dangerous wonder, year-to-date, with retention and and less gratifying. robberies are up over 50% recruitment, is planning citywide from this time in to pioneer hiring civilians 2019. to investigate low-level Simultaneously, the ability for police to resolve these crimes, internal affairs complaints, and cold cases. crimes has dropped. The “clearance” rate for larceny Police departments will need to convince recruits that theft plummeted from 20.2% in 2019 to 11.6% in 2020, being a cop is worth the increased dangers and will still although it inched up several percentage points by the end be gratifying work even when offenders are cycled right of 2021. So police are faced with a depressing reality: as back out to commit more crime. However, until criminal vigilant as they may be in arresting shoplifters, they will justice policies and political posturing shift, it’s going to likely see the same individual (and ever more individuals be an uphill battle. RF like him) back out on the street immediately, pilfering from the same stores. Hannah E. Meyers is director of policing and public safety In this climate, what can departments do to staunch at the Manhattan Institute. RIPON FORUM May 2022
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Prosecutors Must Put Victims First by JASON MIYARES There is a limit to what my office can do on our own. Public safety is a bipartisan issue and shouldn’t be controversial. Every Virginian — every American — wants At the legislative level, elected officials need to create laws to feel safe in their home, walking to their car, and living in that will crack down on violent crime and repeat offenders, and allow, rather than hinder, law enforcement officials to their community. Yet there are those who vocally turn their backs on law do their jobs. They need to support the law enforcement enforcement and reject programs that are proven to reduce officials who risk their lives every day, rather than shouting crime. Some local, far-left, liberal prosecutors refuse to to defund and vilify them. Activism at the community enforce the law and intentionally level is incredibly important to are soft on crime in the name of reducing crime as well. A big “social justice and equity.” part of the Office of the Attorney It might seem obvious, but General is organizing and in order to reduce crime, we also funding programs in partnership need to get the violent criminals with community leaders that are actually committing the crimes designed to prevent and reduce behind bars. This is why our gun and gang violence. These locally elected prosecutors are programs steer at-risk youth so important to public safety. But away from a life of crime and there are some locally elected help identify the bad actors. prosecutors who are choosing One of our challenges is not to prosecute groups of radical, liberal elites who are crimes, selectively choosing bankrolling the campaigns of pieces of the law to enforce and these far-left, weak on crime, pieces to ignore. activist district attorneys This warped version of Jason Miyares nationwide. A new report from criminal justice has created a Capital Research revealed that public safety crisis. In order nearly $30 million has been to fix it, law enforcement, There are some locally spent backing these radical community leaders, government elected prosecutors who are district attorney candidates in officials, and prosecutors must over 20 different communities. choosing not to prosecute work together. These prosecutors are This “criminal first, victim groups of crimes, selectively sending a message to criminals last” mindset only leads to more choosing pieces of the law to that there is no consequence for crime, more victims, and less breaking the law. It should be safety for our families. enforce and pieces no surprise that, consequently, The first step in addressing to ignore. crime increases. The Council Virginia’s decades high murder on Criminal Justice found that rate is to listen, learn, and in 2021, murders increased in apply proven solutions to our crime crisis. As Attorney General, I’m meeting with law every major city in the U.S. The idea that being lenient on violent criminals will enforcement officials in every corner of the Commonwealth to learn about their needs and community-specific struggles. create a more just society is both naive and counterintuitive. We’re creating innovative new programs to encourage Eliminating criminal justice is not criminal justice reform. The great irony is that the vast majority of the liberal collaboration between local, state, and federal law enforcement partners and community leaders to address the elites bankrolling this soft-on-crime agenda live in wealthy, gated neighborhoods and will never experience the crime surge in our local communities. 16
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consequences of their advocacy. The victims of this agenda lower felonies to misdemeanors at every possible chance are the poor, the working class, and the marginalized. are creating a ‘revolving door’ allowing criminals back to In Fairfax, Virginia, the Commonwealth’s Attorney, the streets and leaving law enforcement overwhelmed. Steve Descano, has stopped prosecuting more than 20 Having locally elected prosecutors who are committed different types of crimes. Since his election, the murder to enforcing the law, calling balls and strikes, and putting rate in Fairfax County has doubled. The alleged serial killer victims first, rather than criminals, is essential to restoring responsible for the murder public safety in our and attempted murders of communities. That’s why multiple homeless men in I’m proud to be the Honorary The idea that being lenient on D.C. and New York City Chairman of the Protecting violent criminals will create a was previously arrested Americans Action Fund, more just society is both naive in Fairfax County. Steve a group that will work to Descano agreed to lower elect district attorneys who and counterintuitive. Eliminating his sentence and returned believe that our judicial criminal justice is not criminal him to the streets. system should be consistent A recent interview and impartial. justice reform. with Fox 5 revealed We will work to not only additional problems in restore accountability in the Descano’s office. One attorney who has since resigned judicial process, but faith that prosecutors will enforce the admitted to making “numerous mistakes and missteps law and do the jobs they were elected to do. RF due to a lack of experience ... and being completely overwhelmed,” on sex crimes cases. Jason Miyares is the 48th Attorney General of Virginia. He Effective public safety relies on prosecutors putting bad is the first Hispanic to be elected statewide in Virginia, and actors behind bars. Liberal prosecutors like Descano who the first son of an immigrant to be Attorney General.
pepsico.com
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The Disappearance of Trial by Jury by CLARK NEILY Did you know there’s only one right that is mentioned are made by prosecutors with a strong incentive both in the body of the unamended Constitution and the to maximize efficiency and convictions rates. The Bill of Rights? And that not only does the Bill of Rights resulting system of plea-driven mass adjudication is spend more words on this subject than any other, but profoundly pathological and fundamentally illiberal. it was also one of the few things the Federalists and The most significant problem with a plea-based Anti-Federalists agreed upon as system is the use of coercion being indispensable to American to obtain guilty pleas. Judges government. It’s the right to a and prosecutors assure us that criminal jury trial, and it has inducements to plead guilty never been almost completely purged cross the line from permissibly from our system by the ad hoc, motivating to palpably coercive, extra-constitutional, and often but the evidence is clearly to extraordinarily coercive practice the contrary. Thus, of the three we call “plea bargaining.” thousand people on the National Unknown at the Founding Registry of Exonerations, more and nowhere mentioned in the than 15 percent falsely pleaded text of the Constitution, plea guilty to crimes they did not bargaining began creeping into commit—a figure that surely our criminal justice system represents just the tip of the in the late nineteenth century iceberg given how resistant the and received a boost when the system is to post-convictions Supreme Court upheld it in a claims of innocence. As Federal 1970 case called Brady v. United District Judge Jed Rakoff States and insulated it from any documents in chilling detail, Clark Neily meaningful judicial scrutiny. there is every reason to believe It has since expanded to the innocent people in our system point where Justice Kennedy regularly plead guilty to crimes According to the U.S. observed in a 2012 case that plea they did not commit. Sentencing Commission’s bargaining “is not some adjunct The second problem with to the criminal justice system; it 2021 Sourcebook, 98.3 plea bargaining is that it is the criminal justice system.” favors quantity over quality. percent of federal The data bear this out. This is reflected in the current criminal convictions According to the U.S. record-low rates of arrest for Sentencing Commission’s 2021 came from guilty pleas, serious crimes such as murder, Sourcebook, 98.3 percent of rape, and robbery. Indeed, the and only two percent of federal criminal convictions arrest (or “clearance”) rate for cases went to trial. came from guilty pleas, and only homicide today is less than 50 two percent of cases went to trial. percent, while fewer than 30 Figures from the states are less percent of rapes and robberies precise, but similar. What this means is that, contrary are ever solved. When prosecutors know that most of to the Founders’ decision to put citizen participation their cases will result in guilty pleas they can afford at the very heart of the administration of criminal to pursue marginal transgressions that would not justice, ordinary people have almost no personal merit the expense and inconvenience of a full-blown involvement in deciding who gets charged, convicted, jury trial. America is by far the world’s leading jailer, and incarcerated in America; instead, those decisions with an incarceration rate five or six times that of 18
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other liberal democracies such as Canada, Australia, Supreme Court has effectively held can be limitless. and England. A question that should haunt all of us Incredibly, courts have also approved the practice is whether we would pursue that many convictions if of threatening to indict (or refrain from indicting) we had to pay the full constitutional cost—including a defendant’s family members just to exert plea a jury trial—for every one of them. The oft-heard leverage. Short of physical torture, a more coercive refrain that “the system tactic is difficult to imagine. would grind to a halt” The Founders were without plea bargaining no strangers to tyranny, The most significant problem strongly suggests that the they would recognize with a plea-based system is the and answer is no. it instantly in a system use of coercion to obtain Finally, the practice of that depends on people to inducing people to condemn confess their guilt instead guilty pleas. themselves is an inherently of proving it beyond a squalid business that has reasonable doubt to the been embraced and abused by the worst regimes satisfaction of a unanimous jury. Citizen participation throughout history. This is manifested in various is indispensable to the administration of criminal plea-bargaining practices, including the notorious justice. The Framers knew this, and they wrote it “trial penalty,” which is the differential between the into the Constitution with unmistakable clarity. Or sentence offered to the defendant if he pleads guilty so they might have thought. RF versus the sentence he is threatened with if he goes to trial and loses—a differential that routinely exceeds Clark Neily is Senior Vice President for Legal Studies three hundred percent in our system and that the at the Cato Institute.
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Debate
Our Pretrial System Needs to be Torn Down and Rebuilt
by MEGAN T. STEVENSON Presumed innocent and unconvicted, almost The presiding magistrate – often not even a judge 75% of the U.S. jail population sits in jail awaiting or lawyer – takes a quick glance at the charges and a hearing or trial. They sit in overcrowded concrete sets bail. This number then determines that person’s cages lacking in air-conditioning and stained with freedom. feces. Like in a dystopian science fiction novel, the If they can come up with the nonrefundable 10% sole legal justification for their incarceration involves deposit required by the bail bondsman, they go home. speculation about what they might do if released. If not, they sit in jail. Our Founding Fathers And when the prosecutor were so concerned about comes to offer them a “plea governmental threats to liberty deal” they take it. I put “deal” in that they placed numerous quotes because a deal suggests barriers to protect it. The right a negotiation between equal to due process. The guarantee parties. A defendant in his cell of a jury trial. Prohibitions has no bargaining chips. He takes against excessive bail. what’s offered, particularly if it It should be hard for the gets him out of that cage. government to take away You may be tempted to someone’s freedom; especially believe that the administration so when a person has not been of criminal law is some sort convicted of any crime. The of governmental unicorn – government should have to thorough, effective, and unlikely provide persuasive evidence to err. That these people are that a defendant poses an getting what they deserve, Megan T. Stevenson immediate risk of serious even if the procedure is a little crime or flight. Moreover, the slapdash. Well, anytime you have government should need to a bureaucratic assembly-line demonstrate not only that such process, errors will be rampant. It should be hard for risk exists, but that there are As an example, consider the the government to take no less restrictive alternatives hundreds of people in Harris away someone’s freedom; County, Texas who pled guilty than jail that could prevent the threatened harm. to drug charges based on errorespecially so when a Current practice eviscerates prone drug tests administered person has not been these standards. Our pretrial in the field. These people were convicted of any system is a Kafkaesque regime arrested, detained, and offered a in which the government has plea deal that allowed them to go crime. almost unmitigated power to home. detain. They took it. Bail is determined in assembly-line fashion. Each Later, lab tests showed that they were innocent. But bail hearing lasts only a minute or two. the exonerating results – sent by email to the district Defendants have no opportunity to speak in their attorney – were either never read or never followed defense. They have no access to counsel. up on. The false convictions were allowed to stand for The prosecutor is not required to present any years. And it was only a rare confluence of events – a evidence. (cont’d on page 23) 20
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Third Time is Not the Charm for Failed Bail Reform Movement
by JEFFREY J. CLAYTON The third generation of bail reform is over. Like the federal level. Meanwhile, studies for a generation the second generation, it was unsuccessful. This time, have failed to prove that denying the right to bail has the notion that jurisdictions can simply eliminate bail any impact on crime. Confoundingly, many reformers and move to some alternate concept of release from continue to argue for the federal model, even though jail proved to be a mistake. the process of setting and posting bonds has proven to A quick review of what triggered this latest attempt be effective. at bail reform provides insight into the mistakes made So why do some still argue for the eradication and the most appropriate policy of bail? To eliminate racial response. disparities in pretrial detention, In the early 1980s, Daniel they say. This is why New Jersey Freed, a professor at Yale moved to its no-money bail University, served as one of the system. Unfortunately, despite principal architects of the nothe expenditure of millions of money bail system, the “second dollars, the Garden State’s racial generation” of bail reform first detention disparities are the implemented in Washington, same, with one caveat: anyone DC. He would eventually who is detained can never have conclude that his experiment was the opportunity to post bail. a failure. He saw that denying To avoid that outcome, bail or eliminating it altogether New York State, among others, resulted in mass incarceration embraced universal release and while having no positive effect on the elimination of bail. The public safety. results were dismal. Under bail Jeffrey J. Clayton Although his experiment reform laws implemented in failed, Freed focused on the right 2019, persons of similar risk who issue when he asked Congress were released committed new The notion that a simple question that is still crimes at a rate of 41 percent. jurisdictions can simply Had they posted bail, the figure relevant today: What do we know that empowers us to eliminate a would have been approximately eliminate bail and fundamental constitutional right 19 percent. move to some alternate that the Founders of this nation The disastrous consequences concept of release from and the drafters of the Judiciary of the New York reform policy jail proved to be a Act of 1789 did not know then? that forced release and overruled mistake. In the 1980s, Congress apparently judicial discretion has made answered that question by national headlines. In the concluding that some people were process, what became clear is just too dangerous and simply should not be offered that eliminating bail without other protections doesn’t bail. work: both pretrial crime and failures to appear in The result of that decision embraced in the Bail court increased substantially. Reform Act of 1984 is that the percentage of defendants So what is the solution to achieving truly fair and kept in jail pending trial has gone from 24 percent in effective bail reform? First, recognize the right to bail 1983 to 75 percent in 2021. Thus, bail reform has by our Founders. A thousand years of English common led to a massive increase in pretrial incarceration at (cont’d on page 23) RIPON FORUM May 2022
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Our pretrial system needs more than a facelift. It (Stevenson, cont’d) careful journalist, a conscientious prosecutor, and the needs to be torn down and rebuilt so that no one can be uncommon practice of testing drugs after a guilty plea stripped of their liberty without clear and convincing – that ever allowed these errors to come to light. evidence that they pose a high risk of serious crime or You may be tempted to believe that most people flight: a risk that cannot be mitigated with less restrictive sitting in jail would options than jail. This be committing serious evidence must be violent crime if presented in a thorough Our pretrial system needs more than a released. Not so. A hearing with defense facelift. It needs to be torn down and quarter of our nation’s counsel present. Not a rebuilt so that no one can be stripped jail population one-minute farce like are facing only currently exists. of their liberty without clear and misdemeanor charges. The government’s convincing evidence. Even those facing power to take a man felonies were mostly from his home and deemed low enough risk by the judge that bail was place him in a cage is one we should be fearful of. It set at only moderate levels. They would be released is a power we should grant with suspicion, monitor immediately if they could afford it. constantly, and guard carefully against abuse. RF Given the enormous human and taxpayer cost of incarceration, the benefits of prevented crime are Megan T. Stevenson is an Associate Professor of Law simply not worth it in most cases. Punishment should and Economics at the University of Virginia’s School happen after conviction, not before it. of Law.
eliminate a core constitutional right, we do so at our (Clayton, cont’d) law and a settled system is more than capable of solving own peril. RF the ills that plagues us. Second, if jurisdictions adopt the policy of releasing on own recognizance with no Jeffrey J. Clayton is the Executive Director of the bail, they should at the same time give judges and American Bail Coalition. He has worked as a public prosecutors the flexibility to detain those who are policy and government relations professional, and also provable flight risks or as a licensed attorney, dangers to the community. serving a variety of clients As it turns out, Daniel in legal, legislative, If we are so foolish and shortFreed was right, as was and policy matters. Mr. sighted as to eliminate a core Supreme Court Justice Clayton also worked Thurgood Marshall, who constitutional right, we do so at in government service, ruled that Congress’ representing the Colorado our own peril. elimination of bail and Judicial Branch and State the high court’s majority Labor Department, and decision to allow it in the Salerno case, was a decision the U.S. Department of Transportation. He is also a that would “go forth without authority and come back prior Presidential Management Fellow and Finalist for without respect.” 35 years of mass incarceration and the U.S. Supreme Court fellows program. Mr. Clayton a crime wave later, it is readily apparent that society holds a B.B.A. from Baylor University, an M.S. in Public functions a whole lot better when the right to bail is Policy from the University of Rochester, N.Y., and a J.D. upheld. If we are so foolish and short-sighted as to from the Sturm College of Law, University of Denver.
“Ideas that matter, since 1965.“
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McHenry Discusses Importance of GOP Having a Positive Plan to Run on This Year WASHINGTON, DC – In remarks on March 30th before a breakfast meeting of The Ripon Society, U.S. Rep. Patrick McHenry talked about the importance of Republicans having a positive agenda heading into the mid-term elections, and the effort he is leading on Capitol Hill to achieve that goal. McHenry represents the 10 th District of North Carolina in the House. First elected in 2004, he serves as Ranking Member of the Financial Services Committee. He also serves as the leader of the House Republican Task Force
on Jobs and the Economy, which was established last year by Minority Leader Kevin McCarthy and charged with developing a set of solutions to address some of the key challenges facing the American people. McHenry opened his remarks by talking about some of these challenges. “We are in a different economy than what policymakers have experienced in their lifetimes,” the veteran lawmaker stated. “The easiest touch point is 2008/2009, where we had high unemployment and people left their jobs and
got new jobs that paid them, on average, 17% less. Today, in this economy, you can leave your job and, on average, make between 4% and 6% more. So the job market is different.” “You also have a mass movement of people within states and between states. This will rate as one of the biggest migratory periods in American history. It will rate up there with post-World War II. It will rate up there to the Dust Bowl. It will rate up there with farmer movement to urban areas in the last part of the 19th century. This is a different labor
Patrick McHenry addresses a breakfast meeting of The Ripon Society on March 30th.
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market and people are making “We have eleven and a half inflation, sorry, it’s tough to be different choices. million unfilled jobs and five you. When you are the party that “We also have supply chain million people looking for work. has spent more money, and that disruptions and inflation like We have three million more people money was part of your agenda, we’ve not seen in really two who are out of the workforce today and then you look around and generations. We have inflation than we did pre-COVID. We’ve wonder why inflation is occurring that is the highest we’ve seen got to get them back into the — well, you own it, right?” since 1982. We have supply chain workforce. We have to connect “The San Francisco Fed rated dislocations unlike we’ve seen them with skills and jobs. And the American Rescue Plan as since post-World War II. What there is a conservative solution being the key spark that ignited we saw in the post-World War II on workforce development, inflation. The San Francisco era was people purchasing more education, and training.” Fed is not some right-wing things on a massive scale than There is also, he said, organization. Janet Yellen headed ever before. For the five-year a conservative solution to up the San Francisco Fed before period after World War II, one strengthening supply chains and becoming Fed Chair … It is this out of five Americans purchased getting goods into the hands of Administration that ignited this washing machines. So they had American consumers in a more inflationary flame.” massive shortages of washing effective way. To lower inflation, McHenry machines. Well, did you try to “Everybody wants to talk said it is time for Republicans to order a new return to their roots. laptop in the last “Fiscal discipline two years? There is kind of the old“If House Republicans have an agenda that were similar time religion of we’re fighting for, we’re like Marines at issues, right?” Republicans,” he war. If we don’t have an agenda, we’re like According stated. “Let me remind to McHenry, you there was a guy Marines on leave.” Republicans Patrick McHenry named Paul Ryan who are in a good was all about fiscal Remarks to The Ripon Society discipline. We have position to meet these challenges March 30, 2022 to return to those not only because principles. Even of their belief in though it’s been long conservative principles that can be about roads, bridges, and ports,” forgotten by most members of the readily adapted to the future, but he observed. “Well, that’s not House Republican Conference, because Democrats are beholden the totality of supply chains. fiscal discipline is our answer to to liberal special interest groups Ninety-two percent of the world’s inflationary policies.” that are increasingly wedded to advanced semiconductors are McHenry concluded his the past. manufactured in Taiwan. Why? remarks by returning to the “Republicans are well- Well, it’s not because of cheap importance of having a positive positioned to be nimbler on power. And it’s not because of tax agenda, and why he believes it is workforce issues,” McHenry incentives. It’s because of brain critical that Republicans develop said, pointing to one area where power. So, we have to think much one to run on this year. he believes his party can offer a more holistically about our trading “A legislative agenda is better way. “That means offering relationships, about our tax policy, helpful to win the election,” a conservative answer to how we and about our regulatory policy to he said. “That means there’s a provide for child care in a more encourage people to manufacture counterpoint to just saying they’re fulsome way than we currently here in the United States.” awful and we’re not. To have an have in society today. How we Republicans also have to agenda is a useful and necessary embrace gig work and recognize remember, he added, the most thing, even in the midst of the ability to be an independent pressing challenge facing personality politics. contractor sets up nicely with Americans this year. “If House Republicans have Democrats, who are much more “The biggest issue right now an agenda that we’re fighting for, beholden to unions and therefore on voters’ minds is inflation,” we’re like Marines at war. If we can’t be as nimble on those McHenry declared. “If you’re in don’t have an agenda, we’re like issues.” power and you’re presiding over Marines on leave.” RF 26
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Name: Fred Upton Occupation: Representative for Michigan’s 6th Congressional District. Individual(s) who inspired me as a child: My folks – now 92 and nearly 98 years old. They were foster parents in addition to raising five kids of their own. Historical figure you would most like to meet: Abe Lincoln. Proudest achievement since coming to Congress: Enactment of 21st Century Cures which expedited the FDA approvals of drugs/devices coupled with $45 billion in additional health research funds. Top issue(s) facing America that no one is talking about: The increasing mental health dilemma. What the GOP must do to reclaim its congressional majority: Forget allegiance to Trump. 28
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