Saturday, November 9, 2019

DONALD BAILS ON REFORM

A nugget of truth in an otherwise hypocritical Trump tweet tantrum

By Editorial Board

New York Daily News
November 8, 2019

Never missing a chance to slap around his soon-to-be-erstwhile hometown, President Trump this week attacked a bail overhaul that passed last spring.

Tuesday, he tweeted: “So sad to see what is happening in New York where Governor Cuomo [and] Mayor de Blasio are letting out 900 criminals, some hardened [and] bad, onto the sidewalks of our rapidly declining — because of them — city.”

That’s something coming from a president who legitimately touts as a major achievement the First Step Act, which sprung from prison many convicted federal felons. (Ironically, his own Department of Justice now works behind the scenes to block the release of many who should be eligible for commutation.)

Unlike the First Step Act felons, those freed in New York are innocent until proven guilty. Many are incarcerated solely due to an inability to come up with a few thousand dollars bond.

Trump makes one legitimate point. Among those inmates are individuals charged with major drug activity or offenses previously considered violent, including burglary and robbery.

Pre-reform, even though “dangerousness” never officially factored into bail assessment, judges had discretion to make sure they returned for court appearances.

The new law removes that discretion, replacing it with a list of crimes that can and cannot be considered bailable. For them, neither dangerousness nor flight risk can be considered.

That was a bad idea when reforms were rammed through in the budget and it’s still a bad idea, independent of Trump’s fearmongering mischaracterization.

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