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    Los Angeles District Attorney Says He Is Reviewing Menendez Case

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    Interest in the Menendez brothers has intensified after the release of a new Netflix drama about the case. A separate documentary is forthcoming.George Gascón, the Los Angeles district attorney, said on Thursday that his office was reviewing a decades-old case involving the brothers Lyle and Erik Menendez, who killed their parents in their Beverly Hills home and were sentenced to life in prison.The case in the 1990s was one of the first to draw a daily national audience to a televised criminal trial. By their own testimony, the two young men marched into the den of the family’s mansion one evening with shotguns and fired more than a dozen rounds at their mother and father while the couple sat on the couch.Prosecutors presented the brothers as greedy, coldblooded killers, interested in having unfettered access to their parents’ assets, which were valued at about $14 million. Defense lawyers for the brothers argued that they had been sexually molested for years by their father, and had killed out of fear.Mr. Gascón wouldn’t indicate which way he was leaning, but his remarks indicated that the sex abuse claims are among the aspects his office was reviewing. He said his office was divided over whether the brothers should remain in prison for the rest of their lives.“We have a moral and ethical obligation to review what is being presented to us,” he said.Mr. Gascón’s remarks come in the homestretch of his re-election bid as interest in the Menendez case has intensified after the release of a new Netflix drama about the case. The series, “Monsters: The Lyle and Erik Menendez Story,” has been assailed by Erik Menendez and many other members of the Menendez family as grotesque and riddled with falsehoods.Ryan Murphy, one of the series’s creators, has defended his work in interviews. He told The Hollywood Reporter that there was “room for all points of view” and argued that the brothers should be grateful to him for bringing more attention to the case.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      A Judge’s Decision to Delay Trump’s Sentencing

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      More from our inbox:Risky Covid Behavior‘Glorious’ Outdoor Dining in New York CityA Librarian’s FightDonald J. Trump, the first former American president to become a felon, is seeking to overturn his conviction and win back the White House.Doug Mills/The New York TimesTo the Editor:Re “Judge Pushes Sentencing of Trump to After Election” (front page, Sept. 7):I must disagree with the hand-wringing of my liberal colleagues who lament the fact that Donald Trump won’t be sentenced for his conviction in the hush-money case until after the election.Your article notes that the public will not know before they go to the polls “whether the Republican presidential nominee will eventually spend time behind bars.”With all due respect, so what? The former president was convicted of 34 felony counts of falsifying business records. Those who recoil at the idea of their president being a convicted felon won’t vote for him; those who support him will not change their minds based on the severity of the sentence.Other than being used as a talking point on the left (“he got four years in prison!!”) or on the right (“he got probation — I told you it was no big deal”), what could a sentence now possibly achieve?While no one, including Donald Trump, is above the law, this case is unique in our history. The sentence must be viewed as judicially sound, and for that it cannot become a partisan football, especially this close to an election.Eileen WestPleasantville, N.Y.To the Editor:Donald Trump’s lawyers have consistently maintained that his trials should not go forward because it may affect the 2024 election. Their many motions have contributed to delaying three of the four trials he faces. They have now persuaded Justice Juan Merchan in New York to put off sentencing in the fourth, justified by the judge because of the unique circumstances and timing surrounding the event.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      UK Approves Early Release for Thousands of Prisoners to Ease Overcrowding

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      The Labour government, which took power this past week, said it had been forced into the move because previous Conservative administrations had let the issue fester.In one of its first big decisions, Britain’s new Labour government on Friday announced the early release of thousands of prisoners, blaming the need to do so on a legacy of neglect and underinvestment under the Conservative Party, which lost last week’s general election after 14 years in power.With the system nearly at capacity and some of the country’s aged prison buildings crumbling, the plan aims to avoid an overcrowding crisis that some had feared might soon explode.But with crime a significant political issue, the decision is a sensitive one and the prime minister, Keir Starmer, a former chief prosecutor, lost no time in pointing to his predecessors to explain the need for early releases.“We knew it was going to be a problem, but the scale of the problem was worse than we thought, and the nature of the problem is pretty unforgivable in my book,” Mr. Starmer said, speaking ahead of the decision while attending a NATO summit in Washington.There were, he told reporters, “far too many prisoners for the prison places that we’ve got,” adding, “I can’t build a prison in the first seven days of a Labour government — we will have to have a long-term answer to this.”Under the new government’s plan, those serving some sentences in England and Wales would be released after serving 40 percent of their sentence, rather than at the midway point at which many are freed “on license,” a kind of parole.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Louisiana Passes Surgical Castration Bill for Child Molesters

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      The bill, if signed by the governor, would be the first to allow a judge to order surgical procedures for those who commit sex crimes against children.Judges in Louisiana could order people who are convicted of sex crimes against children to undergo surgical castration under a bill that state lawmakers passed overwhelmingly on Monday.While Louisiana and a few other states, including California, Texas and Florida, have long allowed chemical castration, the option to punish sex offenders via surgical castration — which is far more intrusive — appears to be the first in the country, according to the National Conference of State Legislatures and prisoners’ advocacy groups.The bill now awaits the signature of Gov. Jeff Landry, a Republican who took office in January vowing a tough-on-crime approach. And while the bill easily passed the Republican-dominated Legislature, it was a Democrat from Baton Rouge, Senator Regina Barrow, who introduced the measure.“We are talking about babies who are being violated by somebody,” Ms. Barrow told lawmakers during an April committee meeting. “That is inexcusable.”The bill allows for the procedure to be ordered for either men or women.Some legislators expressed concerns about Louisiana’s record of wrongful convictions and the prospect of racial bias.“Who does this affect most?” Representative Edmond Jordan, a Baton Rouge Democrat who is Black, said during a legislative hearing. “I know it’s race neutral. I know we say it can apply to anybody, but we all know who it affects.” More

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      Albany Should Pass Parole Reforms

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      Scientists have found that most cells in our bodies regenerate every seven to 10 years on average. This includes certain cells in the heart and brain. Can we assume, then, that our moral and emotional compasses are also capable of transforming over time?As a New York State parole commissioner for 12 years, I evaluated the readiness for release and risk to public safety of more than 75,000 incarcerated people. I saw these changes in people every day.Yet in spite of those transformations, the number of aging long-termers warehoused in prisons has only increased in recent years.Two bills in the New York State Legislature could challenge that trend. Both would give people in prison fairer shots at parole. Versions of this legislation have been introduced since 2018 but were never put to a vote. This year, lawmakers should pass them.Many long-termers languish in cells or in substandard prison infirmaries, or even in so-called long-term care units. With labored breathing, they limp to the mess hall and miss their chance to eat, sink deeper into dementia, fall and get seriously injured, and navigate hearing and vision impairment. At the same time, they are under the supervision of guards who lack the training and often the empathy to properly manage the diminished capacity of many older people to follow often senseless prison rules.When I was a commissioner, from 1984 to 1996, it was unusual for me to meet a parole candidate over the age of 50. Now there are more than 7,500 incarcerated people ages 50 and older in New York, or about 25 percent of the entire state prison population. In fact, between 2008 and 2021, the overall prison population declined by half, yet the population age 50 and older increased, with ballooning health care costs crowding out other budget priorities. The state spends between $100,000 and $240,000 on incarcerated people who are 55 or older, according to one of the reform measures before the State Legislature; for others, the figure is about $60,000.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Fact-Checking Trump Defenders’ Claims After Indictment in Election Case

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      Former President Donald Trump’s supporters have made inaccurate claims about the judge presiding over his case and misleadingly compared his conduct to that of other politicians.Allies of former President Donald J. Trump have rushed to his defense since he was charged on Tuesday in connection with his efforts to overturn the 2020 election.They inaccurately attacked the judge assigned to oversee the trial, baselessly speculated that the timing of the accusations was intended to obscure misconduct by the Bidens and misleadingly compared his conduct to that of Democratic politicians.Here’s a fact check.What Was Said“Judge Chutkan was appointed to the D.C. District Court by Barack Obama, and she has a reputation for being far left, even by D.C. District Court standards. Judge Chutkan, for example, has set aside numerous federal death-penalty cases, and she is the only federal judge in Washington, D.C., who has sentenced Jan. 6 defendants to sentences longer than the government requested.”— Senator Ted Cruz, Republican of Texas, in a podcast on WednesdayThis is exaggerated. Mr. Cruz is correct that Judge Tanya S. Chutkan, the trial judge overseeing Mr. Trump’s prosecution in the case, was appointed by President Barack Obama. While she has gained a reputation for handing down tough sentences to people convicted of crimes in the Jan. 6 riot, she is not the only federal judge who has exceeded prosecutors’ sentencing recommendations.Of the more than 1,000 people who have been charged for their activities on Jan. 6, 2021, about 561 people have received a sentence, including 335 in jail and another 119 in home detention, as of July 6, according to the Justice Department. Judges have largely issued sentences shorter than what prosecutors sought and what federal sentencing guidelines recommend, data compiled by NPR and The Washington Post shows.Senator Ted Cruz described Judge Tanya S. Chutkan’s appointment as “highly problematic,” but in the Federal District Court in Washington, cases are randomly assigned.Haiyun Jiang/The New York TimesJudge Chutkan ordered longer penalties in at least four cases, according to NPR, and appears to have done so more frequently than her peers. But other judges in Federal District Court in Washington have also imposed harsher sentences.Those include Judge Royce C. Lamberth, appointed by President Ronald Reagan, who sentenced a man to 60 days in prison while the government had asked for 14 days. He sentenced another to 51 months, rather than 46 months, and another to 60 days, rather than 30.Judge Amy Berman Jackson, an Obama appointee, sentenced another defendant to 30 days, twice as long as the government recommendation. Judge Reggie B. Walton, nominated by President George W. Bush, sentenced a defendant to 50 days compared with the recommended 30 days. And Judge Emmet G. Sullivan, appointed by President Bill Clinton, sentenced a man to 60 days rather than 45 days.Moreover, Mr. Cruz described Judge Chutkan’s appointment as “highly problematic” given her political leanings. But it is worth noting that in the Federal District Court in Washington, cases are randomly assigned — similar to how Judge Aileen M. Cannon, a Trump appointee, was randomly assigned to preside over the case involving Mr. Trump’s handling of classified documents after he left office.What Was Said“All of these indictments have been called into question because they come right after massive evidence is released about the Biden family. On June 7, the F.B.I. released documents alleging that the Bidens took in $10 million in bribes from Burisma. The very next day, Jack Smith indicted Trump over the classified documents kept at Mar-a-Lago. And then you go to July 26. That’s when Hunter Biden’s plea deal fell apart after the D.O.J. tried giving him blanket immunity from any future prosecutions. The very next day, Jack Smith added more charges to the Mar-a-Lago case. And now, just one day after Devon Archer gave explosive testimony about Joe Biden’s involvement in Hunter Biden’s business deals, Smith indicts Trump for Jan. 6.”— Maria Bartiromo, anchor on Fox Business Network, on WednesdayThis lacks evidence. Mr. Trump and many of his supporters have suggested that the timing of developments in investigations into his conduct runs suspiciously parallel to investigations into the conduct of Hunter Biden and is meant as a distraction.But there is no proof that Mr. Smith, the special counsel overseeing the cases, has deliberately synced his inquiries into Mr. Trump with investigations into the Bidens, one of which is handled by federal prosecutors and others by House Republicans.Attorney General Merrick B. Garland appointed Mr. Smith as special counsel in November to investigate Mr. Trump’s role in the Jan. 6 riot at the Capitol as well as the former president’s retention of classified documents. After Republicans won the House that same month, lawmakers in the party said they would begin to investigate the Bidens. (The Justice Department separately began an inquiry into Hunter Biden’s taxes and business dealings in 2018.)Over the next few months, the inquiries barreled along, with some developments inevitably occurring almost in tandem. In some cases, Mr. Smith has little control over the developments or when they are publicly revealed.The first overlap Ms. Bartiromo cited centered on an F.B.I. document from June 2020 that contained an unsubstantiated allegation of bribery against President Biden and his son, and on charges filed against Mr. Trump over his handling of classified documents.Jack Smith was appointed in November 2022 to investigate Mr. Trump’s role in the Jan. 6 riot.Doug Mills/The New York TimesRepresentative James R. Comer of Kentucky, the Republican chairman of the House oversight committee, issued a subpoena in May for the document. The F.B.I. allowed Mr. Comer and the committee’s top Democrat access to a redacted version on June 5. That same day, Mr. Comer said he would initiate contempt-of-Congress hearings against the F.B.I. director on June 8, as the agency was still resisting giving all members access to the document.Two days later, on June 7, Mr. Comer announced that the F.B.I. had relented and that he would cancel the contempt proceedings. Members of the committee viewed the document on the morning of June 8, and Representative Marjorie Taylor Greene, Republican of Georgia, held a news conference that afternoon describing the document.That night, Mr. Trump himself, not the Justice Department, announced that he had been charged over his mishandling of classified documents, overtaking any headlines about the Bidens. The department declined to comment, and the indictment was unsealed a day later, on June 9.In the second overlap, on July 26, a federal judge put on hold a proposed plea deal between Hunter Biden and the Justice Department over tax and gun charges. Ms. Bartiromo is correct that a grand jury issued new charges against Mr. Trump in the documents case on July 27.The timing of the latest developments in Ms. Bartiromo’s third example, too, was not entirely in Mr. Smith’s hands.Hunter Biden’s former business partner Devon Archer was first subpoenaed on June 12 to testify before the committee on June 16. Mr. Comer told The Washington Examiner that Mr. Archer rescheduled his appearance three times before his lawyer confirmed on July 30 that he would appear the next day. Mr. Archer then spoke to the House oversight committee in nearly five hours of closed-door testimony on July 31. Republicans and Democrats on the committee gave conflicting accounts of what Mr. Archer said.Mr. Trump announced on July 18 that federal prosecutors had informed him he was a target of their investigation into his efforts to stay in office, suggesting that he would soon be indicted. Mr. Trump’s lawyers met with officials in the office of Mr. Smith on July 27. A magistrate judge ordered the indictment unsealed at 5:30 p.m. on Aug. 1.What Was Said“All of the people who claim that the 2016 election wasn’t legitimate, all of the people who claimed in 2004, with a formal objection in the Congress, that that election wasn’t legitimate, and in fact, objected to the point where they said that the voting machines in Ohio were tampered with and that President Bush was selected, not elected — and not to mention former presidents of the United States and secretary of states, Hillary Clinton, Jimmy Carter and a whole slew of House Democrats who repeatedly led the nation to believe — lied to the nation, that they said Russia selected Donald Trump as president, that the election was completely illegitimate — all of that was allowed to pass, but yet, once again, we see a criminalization when it comes to Donald Trump.”— Representative Michael Waltz, Republican of Florida, on CNN on WednesdayThis is misleading. Mr. Trump’s supporters have long argued that Democrats, too, have objected to election results and pushed allegations of voting malfeasance. None of the objections cited, though, have been paired with concerted efforts to overturn election results, as was the case for Mr. Trump.Democratic lawmakers objected to counting a state’s electors after the elections of recent Republican presidents in 2001, 2005 and 2017. In 2001 and 2017, objecting House members were unable to find a senator to sign on to their objections, as is required, and were overruled by the vice president. In 2005, two Democrats objected to counting Ohio’s electoral votes. The two chambers then convened debate and rejected the objections.In each case, the losing candidate had already conceded, did not try to overturn election results and did not try to persuade the vice president to halt proceedings as Mr. Trump is accused of doing in 2020.Mrs. Clinton has said repeatedly that Russian interference was partly to blame for her defeat in the 2016 presidential election. But she is not accused of trying to overthrow the results of the election. Prosecutors have not detailed any involvement on her part in a multifaceted effort to stay in power, including by organizing slates of false electors or pressuring officials to overturn voting results.What Was Said“Indicting political opponent candidates during a presidential election is what happens in banana republics and Third World countries.”— Representative Andy Harris, Republican of Maryland, in a Twitter post on TuesdayThis is exaggerated. Mr. Trump is the first former U.S. president to be indicted on criminal charges, but he is not the only presidential candidate to face charges in the United States and certainly not in the world.Rick Perry, the former governor of Texas, was indicted in August 2014 and accused of abusing his power. Mr. Perry, who ran for president in 2012, had hinted that he would run again and set up a political action committee the same month he was indicted. He officially announced his presidential bid in 2015 but dropped out before a court dismissed the charges against him in 2016.Eugene V. Debs, the socialist leader, ran for president behind bars in 1920 after he was indicted on a charge of sedition for opposing American involvement in World War I. He was sentenced in 1918 to 10 years in prison.It is also not unheard-of for political leaders in advanced economies and democracies to face charges while campaigning for office. In Israel, Prime Minister Benjamin Netanyahu was indicted in 2019 on charges of fraud and bribery. After losing power, he returned to his post in November 2022 while still facing charges. In Italy, Silvio Berlusconi faced numerous charges and scandals over tax fraud and prostitution while he served as prime minister in the 2000s.And in Taiwan, prosecutors said in 2006 that they had enough evidence to bring corruption charges against the president at the time, Chen Shui-bian. Mr. Chen remained his party’s chairman through parliamentary elections in 2008 as the investigation loomed over him, and he was arrested and charged that November. More

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      Istanbul Mayor Jailed for Insulting Public Officials, Barring Him From Politics

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      The mayor of Istanbul, a possible rival to President Recep Tayyip Erdogan in the 2023 elections, was convicted of insulting public officials.ISTANBUL — A court in Turkey barred the mayor of Istanbul from political activity for years after convicting him on charges of insulting public officials, a ruling that could sideline a rising star in the opposition who is seen as a potential challenger to President Recep Tayyip Erdogan in elections next year.The mayor, Ekrem Imamoglu, runs Turkey’s largest city and economic center. He was sentenced to two years and seven months in prison but has not been arrested and will appeal the ruling, his party said. If the ruling stands, he would not go to prison because his sentence is below the threshold required for incarceration under Turkish law.But he would be removed as mayor and barred for the duration of his sentence from political activity, including voting and running for or holding public office. That could essentially destroy the near-term prospects of a leader with a proven record of winning elections against Mr. Erdogan’s ruling Justice and Development Party, or A.K.P.Mr. Imamoglu was charged with insulting public officials, a crime under Turkish law. But his supporters see the case against him as a ruse cooked up by Mr. Erdogan and his allies to remove a contender from the political scene.“This case is proof that there is no justice left in Turkey,” Mr. Imamoglu told a demonstrators gathered outside the municipal headquarters to protest the verdict. “This case is a case run by those people who don’t want to bring Turkey the most divine values, such as justice and democracy.”Turks are looking to parliamentary and presidential elections to be held in or before next June to determine the future course of this country of 85 million, one of the world’s 20 largest economies and a member of NATO.Mr. Erdogan, as the country’s predominant politician for nearly two decades and president since 2014, has pushed Turkey toward greater authoritarianism, using his influence over broad swaths of the state to bolster his rule and undermine his rivals. He will seek to extend his tenure next year, although his standing in the polls has dived because of an economic crisis. The Turkish lira has lost much of its value against the dollar, and year-on-year inflation is more than 80 percent, according to government figures.A coalition of six opposition parties hopes to unseat Mr. Erdogan and deprive his party of its parliamentary majority next year, but they have yet to announce a presidential candidate.Mr. Imamoglu has not spoken publicly about whether he will run for president, but some recent polls have found him to be more popular than Mr. Erdogan. He also has the rare distinction of having beaten Mr. Erdogan’s party for control of Turkey’s largest city, twice in the same year.In March 2019, Mr. Imamoglu beat Mr. Erdogan’s chosen candidate in Istanbul’s municipal election, putting Turkey’s largest opposition party in charge of the city for the first time in decades. It was a stinging loss for Mr. Erdogan, not least because he had grown up in the city and made his own political name as its mayor before moving on to national politics.Alleging electoral irregularities, Mr. Erdogan’s party appealed for and were granted a rerun. Mr. Imamoglu won that too, with an even larger margin than he had the first time around.The current case against Mr. Imamoglu has its roots in his public criticism of government decisions in 2019 to remove dozens of mayors from Turkey’s Kurdish minority from their posts and replace them with state-appointed trustees.The government accused those mayors of having ties to the Kurdistan Workers’ Party, a Kurdish militant group that has fought against the state and which Turkey, the United States and the European Union consider a terrorist organization. The mayors denied the charges and critics considered their ouster a subversion of the democratic process.In a speech, Turkey’s interior minister, Suleyman Soylu, called Mr. Imamoglu a “fool” for criticizing the mayors’ removal. Mr. Imamoglu responded that the “fool” was those who had annulled the original results of the Istanbul mayoral elections.Turkey’s Supreme Election Council, which oversees the country’s elections, filed a compliant against Mr. Imamoglu for insulting state officials. A state prosecutor formally charged Mr. Imamoglu last year.Critics have accused Mr. Erdogan of extending his influence over the judiciary, allowing him press for rulings that benefit him politically.In a video message posted on Twitter before the sentence was announced on Wednesday, Kemal Kilicdaroglu, the head of Turkey’s largest opposition party, said that a guilty verdict would prove that Turkey’s judges were in cahoots with Mr. Erdogan.“Any decision other than an acquittal will be the confession of a plot and the palace’s orders,” he said, referring to the presidential palace. “I am warning the palace for the last time, get your hand off the judiciary.” More

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      Drug Sentencing Bill Is in Limbo as Midterm Politics Paralyze Congress

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      A broadly supported bipartisan measure to eliminate a racial disparity in drug sentencing faces a difficult road as Republicans seek to weaponize the issue of crime against Democrats.WASHINGTON — The Equal Act would appear to be a slam dunk even in a badly divided Congress.The legislation, which aims to end a longstanding racial disparity in federal prison sentences for drug possession, passed the House overwhelmingly last year, with more than 360 votes. It has been enthusiastically embraced on the left and right and by law enforcement as a long-overdue fix for a biased policy. It has filibuster-proof bipartisan support in the Senate and the endorsement of President Biden and the Justice Department.Yet with control of Congress at stake and Republicans weaponizing a law-and-order message against Democrats in their midterm election campaigns, the fate of the measure is in doubt. Democrats worry that bringing it up would allow Republicans to demand a series of votes that could make them look soft on crime and lax on immigration — risks they are reluctant to take months before they face voters.Even the measure’s Republican backers concede that bringing it to the floor could lead to an array of difficult votes.“I assume the topic opens itself pretty wide,” said Senator Roy Blunt, Republican of Missouri, who became the 11th member of his party to sign on to the Equal Act this month, giving its supporters more than the 60 votes needed to overcome procedural obstacles.The drug legislation is not the only bipartisan bill caught in a midterm political squeeze. A multibillion-dollar Covid relief package has been languishing for weeks, as Republicans insist that consideration of the measure must include a vote on retaining pandemic-era immigration restrictions that the Biden administration wants to lift.Democrats are increasingly at odds with the administration over its plan to wind down the public-health rule, known as Title 42. A vote would underscore that division and potentially open some of them to a politically difficult vote.Senator Roy Blunt, Republican of Missouri, became the 11th member of his party to sign on to the legislation this month.T.J. Kirkpatrick for The New York TimesThe uncertainty surrounding the bipartisan bills is a clear sign that if legislating on Capitol Hill is not already done for the year, that moment is fast approaching.Given the calendar, virtually any legislation that reaches the floor is bound to attract trouble. Even consensus measures are at risk unless enough supporters in both parties agree to band together to reject politically difficult votes that could lend themselves to 30-second attack ads — the kind of deal that grows more difficult to reach each passing day.There are exceptions. A request by Mr. Biden this week to send an additional $33 billion in aid to Ukraine to bolster the war effort is expected to draw broad bipartisan support and little dispute. Democrats are still hopeful they may be able to salvage pieces of a hulking social safety net and climate package under special rules that allow them to move forward without Republican support. But that, too, could require a series of votes orchestrated by the G.O.P. to make Democrats squirm.A Guide to the 2022 Midterm ElectionsMidterms Begin: The 2022 election season is underway. See the full primary calendar and a detailed state-by-state breakdown.In the Senate: Democrats have a razor-thin margin that could be upended with a single loss. Here are the four incumbents most at risk.In the House: Republicans and Democrats are seeking to gain an edge through redistricting and gerrymandering, though this year’s map is poised to be surprisingly fairGovernors’ Races: Georgia’s contest will be at the center of the political universe, but there are several important races across the country.Key Issues: Inflation, the pandemic, abortion and voting rights are expected to be among this election cycle’s defining topics.“What’s hurting bipartisanship is that even when there’s enough Republican support to pass a bill, the hard-right militants sabotage it to score political points, and gridlock prevails,” said Senator Chuck Schumer, Democrat of New York and the majority leader. “But there’s always hope that cooler heads prevail, and occasionally they do.”Backers of the Equal Act and other criminal justice legislation said they hoped that was true for them. They insist that they can still get their bill passed this year, and that opposition will backfire politically.“This is a real opportunity for bipartisan achievement to eliminate one of the worst vestiges of injustice from American drug policy,” said Holly Harris, the president and executive director of the Justice Action Network and a leading proponent of criminal justice changes. “Those who seek to thwart this opportunity for 15 minutes of fame, five minutes of fame — I don’t think that’s going to be rewarded by voters.”The measure has bipartisan support in the Senate and the endorsement of President Biden and the Justice Department.T.J. Kirkpatrick for The New York TimesIn a letter to Senate leaders this week, Ms. Harris’s group and about 50 law enforcement, progressive and conservative organizations urged them to quickly take up the legislation, saying that “we cannot miss this moment to right this decades-long wrong.”The legislation would eliminate the current 18-to-1 disparity in sentencing for crack cocaine versus powder. The policy that can be traced to the “war on drugs” mind-set of the 1980s, which treated those trafficking in crack cocaine more harshly. It resulted in a disproportionate number of Black Americans facing longer sentences for drug offenses than white Americans, who were usually arrested with the powder version.As a senator, Mr. Biden was one of the champions of the policy; it has since become widely discredited, and he has disavowed it.The United States Sentencing Commission has said that passage of the legislation could reduce the sentences of more than 7,600 federal prisoners. The average 14-year sentence would be cut by about six years, it estimated.Though Mr. Schumer endorsed the legislation in April, he has not laid out a timeline for bringing it to the floor. Democrats say he is giving backers of the bill a chance to build additional support and find a way to advance the measure without causing a floor fight that could take weeks — time that Democrats do not have if they want to continue to win approval of new judges and take care of other business before the end of the year.“Getting the opportunity is the challenge,” said Senator Richard J. Durbin, Democrat of Illinois and one of the original sponsors of the legislation. “We just don’t move many free-standing bills which involve some controversy.”Its supporters say that they recognize the difficulties but believe that it is the single piece of criminal justice legislation with a chance of reaching the president’s desk in the current political environment.“Of all the criminal justice bills, this is the one that is set up for success right now,” said Inimai Chettiar, the federal director for the Justice Action Network. “It is not going to be easy on the floor, but I think it is doable.”The problem is that the push comes as top Republicans have made clear that they intend to try to capitalize on public concern about increasing crime in the battle for Senate and House control in November.The approach was crystallized in their attacks on Judge Ketanji Brown Jackson during her Supreme Court confirmation hearings last month, as they accused her of leniency in sentencing. Given the rise in crime and drug overdoses, some Republicans say they are also having second thoughts about the landmark First Step Act, a sweeping bipartisan law passed in 2018 that freed thousands from prison after their sentences were reduced in a bid to ease mass incarceration.Senator Mitch McConnell, the Kentucky Republican and minority leader, this week reprised his criticism of Judge Jackson and attacked Mr. Biden for having issued his first round of pardons and commutations, including for those convicted of drug crimes.“They never miss an opportunity to send the wrong signal,” he said of Democrats.Senator Tom Cotton, the Arkansas Republican who led the opposition to the First Step Act, said he was in no mood to let the Equal Act sail through. He has said that if the disparity is to be erased, penalties for powder cocaine should be increased.Demonstrators at a criminal justice reform rally in Washington in 2018.Aaron P. Bernstein/Getty Images“My opposition to the Equal Act will be as strong as my opposition to the First Step Act,” Mr. Cotton said.The legislation encountered another complication on Thursday, when Senators Charles E. Grassley of Iowa and Mike Lee of Utah, two top Republican supporters of the previous criminal justice overhaul, introduced a competing bill that would reduce — but not eliminate — the sentencing disparity between crack and powder cocaine. They said that research showed that crack traffickers were more likely to return to crime and carry deadly weapons.“Our legislation will significantly reduce this disparity while ensuring those more likely to reoffend face appropriate penalties,” said Mr. Grassley, the top Republican on the Judiciary Committee.Sponsors of the Equal Act say they intend to push forward and remain optimistic that they can overcome the difficulties.“We’ve got an amazing bill, and we’ve got 11 Republicans and people want to get this done,” said Senator Cory Booker, Democrat of New Jersey and the lead sponsor of the legislation. “My hope is that we are going to have a shot to get this done right now.”Ms. Harris said that Democrats must recognize Republicans will attack them as soft on crime regardless of whether they act on the measure.“They are fearing something that is already happening,” she said. “Why not dig in, stay true to your principles, and do what is right for the American people? Maybe, just maybe, the politics will shake out.” More

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      Black Woman’s Bid to Regain Voting Rights Ends With a 6-Year Prison Sentence

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      Missteps by various officials put a Tennessee woman on a collision course with the law. Supporters say the sentence underscores racial disparities in voter fraud cases.A Black woman who was sentenced last week to six years and one day in prison for trying to register to vote in 2019 despite having a felony conviction says she was the victim of complicated voting laws in Tennessee that appeared to confuse even election officials.Prosecutors in Memphis said that accidentally or not, the woman, Pamela Moses, 44, broke the law. But Ms. Moses, a Black Lives Matter activist, and her lawyer say election officials gave her advice that they later corrected while she was seeking to have her voting rights restored.Voting rights activists say Ms. Moses’ lengthy sentence underscores racial disparities in the criminal justice system when it comes to voting fraud cases — especially since white men who have been charged in more straightforward instances of voting fraud have received probation or just days of imprisonment.Ms. Moses’ collision course with the justice system began when she decided she wanted to run for mayor of Memphis in the summer of 2019.Local election officials told Ms. Moses then that she could not be on the ballot because of prior felony convictions, including a 2015 conviction for tampering with evidence. That felony conviction meant Ms. Moses would never be allowed to vote again, but officials did not tell her that at the time and advised her only to check her probation status, said Bede Anyanwu, her lawyer.Ms. Moses was confused because she thought her probation was over, Mr. Anyanwu said. She still wanted to run for mayor, or at the very least vote in the upcoming election, so she went to find answers.In September 2019, a judge told Ms. Moses that she was indeed still on probation. She remained skeptical and went to the probation office, where a probation officer told her she was actually done with her felony probation, records show. The probation officer signed off on her voting rights restoration form. Ms. Moses submitted the form to election officials.Problems came one day later. The probation officer had made a mistake, and the Department of Correction sent a letter to the Shelby County Election Commission informing it that Ms. Moses was “still under an active felony sentence” and could not vote, records show.Ms. Moses was then charged with perjury on a registration form and consenting to a false entry on official election documents. The former charge was dropped, because there was no false statement from Ms. Moses on the voting form, but she was convicted of the second charge in November and sentenced Jan. 31 to six years and one day in prison.“This is a vendetta-type prosecution,” Mr. Anyanwu said on Monday. He added that Judge W. Mark Ward of Criminal Court had “acted like a bully and slammed her” with a lengthy sentence.Video of the hearing shows Ms. Moses telling Judge Ward, “All I did was try to get my rights to vote back the way the people at the election commission told me.”Judge Ward responded, “You tricked the probation department into giving you a document saying that you were off probation.”Judge Ward said in an email that he could not comment because the case was pending.Ms. Moses is currently in jail and could not be reached for comment, but she told WREG, a Memphis TV news station, in December that she “relied on the election commission because those are the people who were supposed to know what you know you’re supposed to do.”“And I found out that they didn’t know,” she said.Judge Ward said in his sentencing order that Ms. Moses seemed “to have nothing but contempt for the law and acts as though she believes herself above the law.”“Perhaps some time in custody will serve as a period of reflection that will give the defendant the insight she needs in order to be fully rehabilitated,” Judge Ward wrote. He added that he would consider placing her on probation after nine months.Amy Weirich, the Shelby County district attorney, did not respond to several calls and emails seeking an interview, but she said in a news release that Ms. Moses had 16 prior criminal convictions, including misdemeanor counts from 2015 of perjury, stalking and theft under $500.In the hearing, Ms. Moses said that she did not commit those crimes and pleaded guilty only to avoid jail time, according to the judge’s sentencing order. Mr. Anyanwu said she was also struggling financially at the time and could not afford to pay for a lawyer.Ms. Moses voted in at least six elections between 2015 and 2018, after she had been convicted of a felony, according to the sentencing orderBecause Ms. Moses was registered to vote before being convicted of a felony in 2015, a court clerk was supposed to notify election officials, who would remove her from voting rolls after the convictions.But that did not happen, according to a letter sent by the Shelby County Election Commission to Ms. Weirich, the district attorney, on Aug. 8, 2020. The letter shows that election officials acknowledged the error, writing that the conviction notice for Ms. Moses “was not sent to the election commission by the court.”Under Tennessee law, people convicted of certain felonies, including tampering with evidence, lose their voting rights forever, a measure that has drawn criticism from voting rights activists.“Instead of welcoming people in, we are perpetually shutting them out, making it harder to vote, and in this instance, criminalizing their efforts to become active and civically engaged members of our society,” Janai Nelson, the associate director-counsel of the NAACP Legal Defense Fund, said on Monday.Blair Bowie, a lawyer with the Campaign Legal Center who has been assisting Ms. Moses and Mr. Anyanwu with the case since October, said on Monday that Tennessee’s complex voting laws had a “disparate impact on Black people.” The NAACP Legal Defense Fund echoed that sentiment, saying on Twitter that “there are two criminal justice systems in America.”In October, Donald Kirk Hartle, a white Republican voter, was charged with two counts of voter fraud in Las Vegas after he forged his dead wife’s signature to vote with her ballot. He was sentenced in November to one year of probation, The Reno Gazette Journal reported.Edward Snodgrass, a white Republican official in Ohio, forged his dead father’s signature on an absentee ballot in 2020 and was charged with illegal voting, NBC News reported. As part of a plea agreement, he served three days in jail last year, The Delaware Gazette reported.Ms. Nelson compared Ms. Moses’ case to the cases of Hervis Rogers of Houston, a 62-year-old Black man who was charged with voting illegally while he was still on parole and faced up to 40 years in prison, and Crystal Mason, a Black woman in Tarrant County, Texas, who was sentenced to five years in prison for illegal voting, despite insisting that she did not know she was ineligible to vote as a felon on probation.Mr. Anyanwu said Ms. Moses planned to appeal the judge’s sentencing.Judge Ward said in his order that Ms. Moses should have listened to the first judge who told her in 2019 that she was indeed still on probation.Mr. Anyanwu disagreed.“It was the probation department that gave the letter that she had expired her sentence, so she’ll be prosecuted for a mistake that was made by the state,” he said. More