Melvin B. Miller
Editor & Publisher

Hillary’s indiscretion

In the spirit of good old Saint Nick, the U.S. Supreme Court gave a great gift to African Americans last week. In a 7-to-2 decision, the Court held that federal trial courts need not adhere slavishly to the federal sentencing guidelines for crack cocaine offenses, but may exercise their discretion in the interest of justice.

Ever since President Ronald Reagan launched his “get tough on crime” campaign, African Americans have protested the disparity in sentencing between possession of crack and powder cocaine. A defendant would have to be caught with 500 grams of powder cocaine to become liable for the same sentence as an offender caught with 5 grams of crack.

Although the United States Sentencing Commission had developed a rationale for the disparity, the Supreme Court found that the standard led to “disproportionate and unjust” results. In the case in question, Derrick Kimbrough, an honorably discharged Marine veteran, was sentenced to 15 years and not the 19 to 22.5 called for by the guidelines. The appellate court had ruled that trial judges could not depart from the guidelines.

The more severe sentences for crack possession disproportionately affected blacks. In 2006, 81 percent of defendants in crack cases were black, compared to only 9 percent who were white. The relaxation of the crack standards by the U.S. Sentencing Commission will not affect the minimum sentences that are imposed by federal statute.

After the Supreme Court decision, the U.S. Sentencing Commission voted 7-to-0 to make the new guidelines retroactive. About 19,500 prisoners may be eligible for early release. Commission member Judge William K. Sessions III of the U.S. District Court in Vermont said, “At its core, this question is one of fairness. This system of justice is, and must always be colorblind.”

It is informative to note who stands in opposition to this concept. Justices Clarence Thomas and Samuel Alito were the Supreme Court’s dissenters in the Kimbrough case. Also, new Attorney General Michael Mukasey announced that the Bush administration opposes the retroactive application of the guidelines on the grounds that those reviewing the sentence would have to second-guess the intention of the trial judge. This is a weak rationale, since the basic sentence is still quite substantial.

On this issue, the so-called centrist, Hillary Clinton, finds herself to the right of the Supreme Court’s most conservative member, Antonin Scalia. She is the only Democratic presidential candidate who opposes retroactive application of the more just crack sentencing standards. She would have crack offenders serve out unfairly long sentences so that she can appear to be tough on crime.

It seems that even the spirit of Christmas cannot mollify Hillary’s driving ambition.

Señor Chávez

Christmas is a time of great generosity. It is unusual, however, for a developing nation to make a substantial donation to relieve the hardship of citizens of the United States, a major industrialized country. Americans should be thankful to President Hugo Chávez and the people of Venezuela for providing Boston-based nonprofit Citizens Energy with $25 million worth of oil for those who cannot afford to heat their homes this winter, part of a 112-million-gallon gift being distributed to 23 states this winter.

The gift was especially generous because Pat Robertson, a prominent Christian leader, had called for Chávez’s assassination in August of 2005. Robertson’s reputation was so little deflated by such a comment that Republican candidates for president have sought his endorsement. Robertson endorsed Rudy Giuliani in November.

Chávez’s concern for the welfare of the poor and dispossessed is so great that he did not let the hostility of wealthy conservatives interfere with his commitment to acts of charity. In a world where heads of state are so sensitive to the slightest indignity, Chávez is to be commended for not striking back at the expense of the poor.

“Looks like Hillary is playing the role of the Grinch who stole Christmas.”