1 00:00:00,080 --> 00:00:03,279 Speaker 1: While most people have had their eyes on the Russian investigation, 2 00:00:03,440 --> 00:00:07,119 Speaker 1: the firing of James Coomey, and the latest presidential tweets, 3 00:00:07,320 --> 00:00:11,479 Speaker 1: Attorney General Jeff Sessions was undoing President Obama's legal legacy 4 00:00:11,560 --> 00:00:14,760 Speaker 1: under the radar. Since taking over the Department of Justice 5 00:00:14,760 --> 00:00:18,080 Speaker 1: in February, Sessions has made more than a dozen changes 6 00:00:18,120 --> 00:00:22,280 Speaker 1: affecting almost all facet of federal law enforcement, ratching up 7 00:00:22,320 --> 00:00:25,639 Speaker 1: his war on crime and instructing federal prosecutors to do 8 00:00:25,680 --> 00:00:30,240 Speaker 1: the same. I expect them to prioritize violent crime cases, 9 00:00:30,680 --> 00:00:35,200 Speaker 1: identify the most violent people in their jurisdictions, and work 10 00:00:35,280 --> 00:00:38,760 Speaker 1: with their state and local counterparts to take them off 11 00:00:38,800 --> 00:00:43,000 Speaker 1: the streets. Joining us as Bloomberg News financial enforcement reporter 12 00:00:43,080 --> 00:00:46,159 Speaker 1: Tom Schoenberg to talk about what you may have missed 13 00:00:46,200 --> 00:00:50,440 Speaker 1: while keeping up with Trump. Tom, Let's start with sentencing 14 00:00:50,560 --> 00:00:54,480 Speaker 1: for non violent drug offenders, where you can clearly see 15 00:00:54,520 --> 00:00:58,840 Speaker 1: the Obama roll back. Sure yes, uh back In May, 16 00:00:59,280 --> 00:01:04,640 Speaker 1: um Sessions issued a new charging policy UH department wide, 17 00:01:04,959 --> 00:01:11,120 Speaker 1: and it calls for charging the most serious UH crimes 18 00:01:11,160 --> 00:01:13,720 Speaker 1: that you could prove as a prosecutor. And this was 19 00:01:14,080 --> 00:01:19,840 Speaker 1: sort of a a reversal of what Eric Holder Obama's 20 00:01:19,880 --> 00:01:23,120 Speaker 1: first Attorney General had put in place that took kind 21 00:01:23,120 --> 00:01:28,360 Speaker 1: of a more individualized approach uh to charging certain offenders, 22 00:01:28,400 --> 00:01:32,200 Speaker 1: specifically non violent drug offenders, so as not to trigger 23 00:01:32,480 --> 00:01:36,440 Speaker 1: kind of harsh mandatory minimum sentences. Tom, do we know 24 00:01:36,640 --> 00:01:39,880 Speaker 1: yet whether that directive is having much of an effect 25 00:01:40,000 --> 00:01:43,800 Speaker 1: on the ground. There is this issue about uh, Trump 26 00:01:43,920 --> 00:01:46,120 Speaker 1: being slow to a point U S. Attorneys and the 27 00:01:46,160 --> 00:01:49,720 Speaker 1: Senate being slow to confirm people like that. What's happening 28 00:01:49,760 --> 00:01:52,400 Speaker 1: on the ground right The policy has you know, been 29 00:01:52,440 --> 00:01:54,480 Speaker 1: in been in effect for you know, just a little 30 00:01:54,520 --> 00:01:57,400 Speaker 1: over a little over a month, um, but yet all 31 00:01:57,440 --> 00:02:00,240 Speaker 1: the U. S. Attorney's offices are currently being run kind 32 00:02:00,280 --> 00:02:03,920 Speaker 1: of acting U S attorneys. Trump has the Trump administration 33 00:02:04,800 --> 00:02:10,960 Speaker 1: only recently nominated uh you know, maybe a little more 34 00:02:11,000 --> 00:02:14,640 Speaker 1: than a dozen uh you know, nominees for U S. Attorneys, 35 00:02:14,639 --> 00:02:16,920 Speaker 1: so kind of until those folks kind of get up 36 00:02:16,919 --> 00:02:19,880 Speaker 1: and running, uh, you know, those offices are just kind 37 00:02:19,880 --> 00:02:23,800 Speaker 1: of being you know, run interimately. But they also though 38 00:02:23,880 --> 00:02:26,960 Speaker 1: he did direct uh you know, in the meantime, a 39 00:02:27,000 --> 00:02:30,320 Speaker 1: specific sort of each office has to identify someone that 40 00:02:30,639 --> 00:02:33,040 Speaker 1: is going to coordinate with Washington to kind of make 41 00:02:33,080 --> 00:02:36,040 Speaker 1: sure that their priorities are a kind of being met. 42 00:02:36,520 --> 00:02:41,280 Speaker 1: Tom Sessions has been clear about his disdain for consent decrees. 43 00:02:42,080 --> 00:02:44,760 Speaker 1: What has he done? I know that in April they 44 00:02:44,800 --> 00:02:48,720 Speaker 1: began a review of prior settlements with police departments. But 45 00:02:49,040 --> 00:02:53,239 Speaker 1: has he done anything actually done it? Well? They they 46 00:02:53,280 --> 00:02:58,720 Speaker 1: tried to stop the Baltimore, uh Baltimore consent decree from 47 00:02:58,720 --> 00:03:02,040 Speaker 1: going forward. It was kind of in pipeline when Sessions 48 00:03:02,080 --> 00:03:04,680 Speaker 1: came into office and was and was hammered out by 49 00:03:04,720 --> 00:03:09,560 Speaker 1: the Obama administration U shortly before before they left office, 50 00:03:10,080 --> 00:03:12,960 Speaker 1: and uh, he tried to get the judge to kind 51 00:03:12,960 --> 00:03:17,760 Speaker 1: of you know, not rule on that consent order, um, 52 00:03:17,800 --> 00:03:20,960 Speaker 1: you know, saying that you know, he thought it would 53 00:03:21,000 --> 00:03:23,839 Speaker 1: be imposing an expensive monitor on the city and really 54 00:03:23,880 --> 00:03:27,120 Speaker 1: kind of handcuffing the police department. And uh, the judge 55 00:03:27,120 --> 00:03:30,680 Speaker 1: didn't see it his way and moved forward with that, which, 56 00:03:30,720 --> 00:03:33,799 Speaker 1: of course he was not happy with, and actually, uh 57 00:03:33,840 --> 00:03:36,600 Speaker 1: you know, uh made some remarks on it as well 58 00:03:36,640 --> 00:03:39,800 Speaker 1: as published an op ed where he kind of went after, uh, 59 00:03:40,080 --> 00:03:43,040 Speaker 1: went after these kind of consent degrees publicly sort of 60 00:03:43,160 --> 00:03:46,040 Speaker 1: you know, saying that at a time when violent crime 61 00:03:46,120 --> 00:03:48,880 Speaker 1: was rising in certain cities, police shouldn't be uh you know, 62 00:03:49,000 --> 00:03:52,200 Speaker 1: handcuffed from doing their jobs. Tom All, this tough on 63 00:03:52,320 --> 00:03:54,440 Speaker 1: crime talk from Jeff Sessions seems to be focused on 64 00:03:54,440 --> 00:03:56,360 Speaker 1: a lot of It seems to be focused on violent crime, 65 00:03:56,440 --> 00:03:59,320 Speaker 1: drug crime. How about white collar crime? Is that is 66 00:03:59,320 --> 00:04:02,440 Speaker 1: that also a crackdown area? Well, he is, you know, 67 00:04:02,520 --> 00:04:05,120 Speaker 1: he has made some remarks to the you know, the 68 00:04:05,120 --> 00:04:09,520 Speaker 1: white collar bar um. He there was a lawyer kind 69 00:04:09,520 --> 00:04:12,960 Speaker 1: of a lawyer convention here recently in Washington, and so 70 00:04:13,000 --> 00:04:15,360 Speaker 1: he did speak that he would kind of continue moving 71 00:04:15,400 --> 00:04:19,600 Speaker 1: forward with uh, you know, corruption cases, form corruption cases 72 00:04:19,640 --> 00:04:22,880 Speaker 1: and such. Uh, you know, he used the same event 73 00:04:22,920 --> 00:04:26,760 Speaker 1: to talk about the violent crime um. Yet sort of 74 00:04:26,760 --> 00:04:28,720 Speaker 1: the you know one look at that charging the new 75 00:04:28,800 --> 00:04:32,039 Speaker 1: charging policy. Uh, number of white collar lawyers kind of 76 00:04:32,120 --> 00:04:35,279 Speaker 1: were quick to come out with alerts to their clients 77 00:04:35,279 --> 00:04:37,200 Speaker 1: saying they don't really believe it's going to have much 78 00:04:37,240 --> 00:04:41,680 Speaker 1: of an effect in sort of the the corporate fraud world, 79 00:04:41,760 --> 00:04:45,159 Speaker 1: where they say sort of issues of intent and in 80 00:04:45,279 --> 00:04:47,440 Speaker 1: various things that get into more nuanced parts of that 81 00:04:47,560 --> 00:04:50,160 Speaker 1: policy are going to kind of, you know, prevent it 82 00:04:50,240 --> 00:04:53,800 Speaker 1: from sort of really you know, causing prosecutors to to 83 00:04:53,960 --> 00:04:58,240 Speaker 1: bring you know, harder charging or sentencing decisions. So marijuana 84 00:04:58,480 --> 00:05:02,080 Speaker 1: use remains a crime at the federal level, Tom, but 85 00:05:02,200 --> 00:05:04,960 Speaker 1: more and more states are legalizing it for either medical 86 00:05:05,040 --> 00:05:09,640 Speaker 1: or recreational use. Sessions is against marijuana use. He even 87 00:05:09,720 --> 00:05:13,120 Speaker 1: asked Congress to lift a legal barrier to prosecuting people 88 00:05:13,160 --> 00:05:16,440 Speaker 1: for using medical marijuana. So what happens to the country's 89 00:05:16,480 --> 00:05:22,920 Speaker 1: nearly seven billion dollar legal marijuana industry if he moves forward? Right, 90 00:05:23,360 --> 00:05:27,000 Speaker 1: everybody's still waiting to see how he's what he'll eventually 91 00:05:27,000 --> 00:05:30,479 Speaker 1: do in that space. He obviously we saw what he's 92 00:05:30,520 --> 00:05:34,520 Speaker 1: sort of did with testing Congress to see whether they 93 00:05:34,520 --> 00:05:38,600 Speaker 1: would be interested in removing a barrier to prosecuting medical marijuana. 94 00:05:39,320 --> 00:05:44,919 Speaker 1: Uh issues, Um, you know right now there's a couple 95 00:05:44,920 --> 00:05:48,279 Speaker 1: of memos at the at the Justice Department that he 96 00:05:48,320 --> 00:05:52,520 Speaker 1: could do away with that sort of are stopping prosecutors 97 00:05:52,560 --> 00:05:55,359 Speaker 1: from going into the states and you know, resting people 98 00:05:55,839 --> 00:05:59,599 Speaker 1: in jurisdictions where they've legalized marijuana. Well, that certainly is 99 00:05:59,600 --> 00:06:02,840 Speaker 1: not the violent crime offensive that he's been talking so 100 00:06:02,920 --> 00:06:08,320 Speaker 1: much about. Well, we'll hear more about Jeff Sessions from 101 00:06:08,600 --> 00:06:11,039 Speaker 1: Tom as the months go on. Thanks so much for 102 00:06:11,120 --> 00:06:14,400 Speaker 1: being with us, and um, we are going to be 103 00:06:14,520 --> 00:06:18,800 Speaker 1: talking coming up on Bloomberg Law with the head of 104 00:06:19,160 --> 00:06:22,480 Speaker 1: the legal director of the a c l U about 105 00:06:22,560 --> 00:06:25,880 Speaker 1: the legal agenda ahead. It's the organization whose name you 106 00:06:25,920 --> 00:06:29,200 Speaker 1: see on so many lawsuits involving the protection of American 107 00:06:29,279 --> 00:06:33,240 Speaker 1: civil liberties and fundraising has been just going through the 108 00:06:33,320 --> 00:06:38,760 Speaker 1: roof since President Trump took office. This is Bloomberg