Let’s see how this turns out…


So the top item in today’s Times is about Attorney General Eric Holder trying to scale back mandatory minimums by having federal prosecutors omit the amount of drugs in their indictments.

  1. First of all, I have an obligation to post this as a partial rebuttal to yesterday’s “ratchet effect” post. Somebody is trying to walk back this ratchet.
  2. Will there be pushback from the haters? Probably.
  3. I notice this is not about changing Federal law (currently impossible), but a directive that prosecutors use their discretion.
  4. Finally, the cynic in me wonders if the Times editorial staff had a sniff that this was in the works and generated the editorial (and maybe pushed a columnist?) in such a way as to make their points before it came out.

We’ll see.

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