WEBVTT - Obama Reflect on Criminal Justice Reform in Article (Audio)

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<v Speaker 1>You're listening to Bloomberg Law. I'm June Grasso. With less

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<v Speaker 1>than two weeks left in his administration, President Barack Obama

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<v Speaker 1>made history by becoming the first sitting president to write

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<v Speaker 1>a law review article. He wrote the article for the

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<v Speaker 1>Harvard Law Review, where he made history as a student

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<v Speaker 1>by becoming the first black president of a legal journal.

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<v Speaker 1>In the article is entitled the President's Role in Advancing

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<v Speaker 1>Criminal Justice Reform, and it touts his administration's reforms of

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<v Speaker 1>the criminal justice system, among other things. My guest is

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<v Speaker 1>Michael sell Me, professor at George Washington University Law School. Mike,

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<v Speaker 1>we've seen President Obama trying in various ways to preserve

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<v Speaker 1>his legacy. What's your reaction to this writing of a

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<v Speaker 1>law review article touting his reforms in criminal justice. Well,

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<v Speaker 1>it's a very interesting test that he took on writing

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<v Speaker 1>a law article. And by the nature of lariev articles,

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<v Speaker 1>it's actually quite long. Um Larva articles tend to be

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<v Speaker 1>around fifty pages, and this one is um fully footnoted,

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<v Speaker 1>and so he really, um, you know, took the time

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<v Speaker 1>to document what they have done in the criminal justice

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<v Speaker 1>area and clearly within intent both to you know, preserve

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<v Speaker 1>his legacy, but also I think to give a signal

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<v Speaker 1>of the things that advocacy groups likely can do to

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<v Speaker 1>try and preserve much of what the Obama administration has accomplished.

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<v Speaker 1>The president's chief legal advisor said that Obama also hoped

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<v Speaker 1>the article would give the issue of criminal justice reform

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<v Speaker 1>momentum as he leaves office. As as you just indicated,

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<v Speaker 1>is that likely since the incoming president ran on a

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<v Speaker 1>tough law and order platform and his selection for Attorney General,

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<v Speaker 1>Senator Jeff Sessions, has, among other things, been one of

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<v Speaker 1>the opponents of bipartisan sentencing reform. Yes. Um, it certainly

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<v Speaker 1>seems that the agenda that is laid out in the

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<v Speaker 1>article is quite contrary to the agenda that the Trump

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<v Speaker 1>administration is bringing in. But it's not so clear to

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<v Speaker 1>me that they will try to undo all that's been done. Um,

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<v Speaker 1>particularly uh the emphasis on re entry of individuals who

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<v Speaker 1>have gone through the criminal justice system, some of the

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<v Speaker 1>bann the box where employers, and this has happened nationwide,

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<v Speaker 1>have agreed not to hold criminal convictions against against applicants

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<v Speaker 1>and also not to take into account that they might

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<v Speaker 1>be unemployed when they're applying, and those initiatives which are

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<v Speaker 1>good for the economy and also help relieve some of

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<v Speaker 1>the stigma of the criminal justice system may be preserved,

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<v Speaker 1>and as well as some of the reduction in the

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<v Speaker 1>criminal population in terms of prison the prison population in particular,

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<v Speaker 1>which is also something that's been happening around the country.

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<v Speaker 1>One of the things that was interesting in terms of

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<v Speaker 1>the report is it does a lot of what the

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<v Speaker 1>above administration has done and it's not clear who caused it.

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<v Speaker 1>Has also have been done in local and state jurisdictions

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<v Speaker 1>around the country, and a lot of the initiatives have

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<v Speaker 1>been as cost savants, and that's been true with an

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<v Speaker 1>effort to reduce the prison population. So those things there

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<v Speaker 1>will be interesting to see whether the momentum continues or not.

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<v Speaker 1>Are there certain things that President Obama has done as

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<v Speaker 1>far as you know what his heart felt concerns about

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<v Speaker 1>reducing harsh sentences and are there certain things that cannot

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<v Speaker 1>be undone by the incoming administration. I don't. I don't

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<v Speaker 1>know that there's anything that can't be undone in terms

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<v Speaker 1>of the initiative. Certainly some of the things that they've

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<v Speaker 1>accomplished and uh that's already passed can't be undone. One

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<v Speaker 1>of the things that also comes across in the report

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<v Speaker 1>is that the President of the executive branch has limited

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<v Speaker 1>authority in this area, and a lot of the initiatives

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<v Speaker 1>that the administration implemented were as a result of their

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<v Speaker 1>prosecutorial discrestion um. And that is certainly something that can

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<v Speaker 1>change overnight. Es such as the epicus that prosecutors might

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<v Speaker 1>put on which climbs to prosecute, which sentences to um seek,

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<v Speaker 1>what plea deals to take, and the like um. And

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<v Speaker 1>the President did lament in the article that he wasn't

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<v Speaker 1>able to accomplish more given the resistance from Congress, in

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<v Speaker 1>particularly with respect of sensing reform UM. And that's something

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<v Speaker 1>that you know is probably unlikely to be picked up

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<v Speaker 1>anytime soon. But again, there is a nationwide movement to

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<v Speaker 1>um reduce some of the harshness of the sentences from

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<v Speaker 1>the sentencing acts that we're passing the eighties and nineties

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<v Speaker 1>tell us a little bit about the police initiatives. Yeah,

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<v Speaker 1>and this is another one where there's been some clear

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<v Speaker 1>differences with the incoming administration. So one of the hallmarks

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<v Speaker 1>of the administration's efforts, and this is slightly different than

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<v Speaker 1>the Criminal Justice reform. But it's referenced in the article

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<v Speaker 1>is that the administration has been quite active and investigating

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<v Speaker 1>police departments for discriminatory conduct and for excessive force UM.

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<v Speaker 1>And they have probably been more active than any other administration,

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<v Speaker 1>particularly towards the end of this administration. And they have

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<v Speaker 1>sought to institute some reforms in particular police apartments, but

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<v Speaker 1>also with task Force and the like in police departments

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<v Speaker 1>nationwide to reduce UM shootings and excessive force. And the

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<v Speaker 1>Trump administration has UM at least during the campaign, was

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<v Speaker 1>much more supportive of the police departments UM and less

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<v Speaker 1>critical than the Obama administration has been. And that's another

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<v Speaker 1>area that could be changed. But in certainly in some

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<v Speaker 1>of the jurisdictions UM, the consent decrees already in place,

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<v Speaker 1>and the investigations are completed, and those initiatives certainly go forward.

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<v Speaker 1>Do you expect to see when Senator Jeff Sessions is

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<v Speaker 1>questioned as his in his fourth coming or as a

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<v Speaker 1>nominee for Attorney general? Do you expect to see him

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<v Speaker 1>questioned about police and initiatives and civil rights investigations? Oh?

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<v Speaker 1>I certainly would expect that the controversy with his appointment

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<v Speaker 1>largely has to do with his positions on civil rights issues,

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<v Speaker 1>and these initiatives are largely traditional civil rights initiatives focusing

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<v Speaker 1>on the treatment of African American, particularly African American men

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<v Speaker 1>by police departments. And I would think it would be

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<v Speaker 1>an area of inquiry um and controversies that may come

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<v Speaker 1>up during the hearings. It's also another thing it's highlighted

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<v Speaker 1>in the report, but it's not addressed in detail, but

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<v Speaker 1>again giving signals to the abbassies groups and those who

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<v Speaker 1>might be opposing UM centers sessions, UH that these are

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<v Speaker 1>issues that should be you know, preserved and also should

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<v Speaker 1>be a focus of the confirmation hearings. There's also what

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<v Speaker 1>President Obama didn't talk about, and one of the areas

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<v Speaker 1>that some had hoped to see him talk about was

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<v Speaker 1>capital punishment. Do you do you do you believe that

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<v Speaker 1>it's because he doesn't his opinion has not changed, or

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<v Speaker 1>because he didn't want to tackle that At this point,

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<v Speaker 1>I don't know the reason why it's not discussed. One

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<v Speaker 1>of the thing that's interesting with respect capital punishment is

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<v Speaker 1>that the number of executions, in the number of death

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<v Speaker 1>ends is handed out have dramatically declined around the country.

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<v Speaker 1>There's only a handful of jurisdictions that actively are seeking

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<v Speaker 1>definitely or an executing individuals. So it seems like it's

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<v Speaker 1>become less of an issue nationwide, and that might be

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<v Speaker 1>one of the reasons why he didn't address it. And

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<v Speaker 1>the federal government has limited authority, I mean, there's only

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<v Speaker 1>certain crimes that that settle government can pursue the definitely,

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<v Speaker 1>it's much more of a state issue, So that could

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<v Speaker 1>be another possible reason. He He also seemed to be

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<v Speaker 1>explaining why he hasn't been on the record for a

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<v Speaker 1>lot of different things. He said, presidents are not private citizens.

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<v Speaker 1>We have to be careful about speaking about legal matters

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<v Speaker 1>before all the facts are in. It is that message

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<v Speaker 1>to the incoming president as well. Oh, it almost certainly

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<v Speaker 1>is a message to the incoming president. And also I

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<v Speaker 1>think he is trying to um address some of his

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<v Speaker 1>critics and I've been critical in some respects of some

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<v Speaker 1>of his civil rights policies for him not having done more,

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<v Speaker 1>although he has they have ramping the last couple of years. UM,

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<v Speaker 1>but he has received criticism from the left for some

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<v Speaker 1>of his policon I think he is also trying to

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<v Speaker 1>explain why he maybe wasn't more active on some perious um.

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<v Speaker 1>That is, you know the limits of the office. But

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<v Speaker 1>I think you're also it's also correct that is a

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<v Speaker 1>message to the incoming president. Well, thank you for being

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<v Speaker 1>on with us. Michael Sell me professor at George Washington

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<v Speaker 1>University Law School. And this is actually a law review

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<v Speaker 1>article that the average person can read and uh and

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<v Speaker 1>get through quite easily because it's not your typical law

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<v Speaker 1>review article coming up on Bloomberg Law. Star Trek has

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<v Speaker 1>been a cult phenomenon for decades. Paramount Pictures and CBS

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<v Speaker 1>just got the upper hand in a court fight to

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<v Speaker 1>made prequel to the nineteen sixties Star Trek series. I'm

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<v Speaker 1>John Grosso. This is Bloomberg