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    Trump fires two DoJ senior career officials including pardon attorney

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    Donald Trump’s administration on Friday fired at least two senior career officials at the US justice department, including the head of the office that handles presidential pardon requests, according to a social media post and sources familiar with the matter.Liz Oyer served as pardon attorney since 2022, a career justice department position. Oyer was fired “effective immediately,” according to a memo she shared on LinkedIn, which cited Trump’s executive authority under the US constitution.Oyer, who was appointed by Biden in 2022, posted on LinkedIn: “I’m sad to share that I was fired today from the job I have poured my heart and soul into for the last three years. I am so proud of the team we built in the Office of the Pardon Attorney, who will carry on our important work. I’m very grateful for the many extraordinary people I’ve had the opportunity to connect with on this journey. Thank you for your partnership, your support, and your belief in second chances.”Oyer’s former office reviews requests for clemency from people convicted of federal offenses and makes recommendations to the White House on whom the president should pardon.Oyer’s termination comes two weeks after Trump appointed Alice Marie Johnson as “pardon czar”, a role in which she will recommend people for presidential commutations.Bobak Talebian, the head of the justice department’s Office of Information Policy, which handles public records requests under the US Freedom of Information Act, was also fired, according to a source familiar with the matter.The moves mark the latest instance of the Trump administration removing or sidelining career justice department officials, who typically keep their positions across presidential administrations.A justice department spokesperson did not immediately respond to a request for comment on the moves.Trump-appointed officials previously reassigned several veteran national security and criminal prosecutors to a newly created immigration office. The top career ethics official left the justice department after facing a similar reassignment.About eight senior career FBI officials also were forced out before the confirmation of Trump-nominated FBI director Kash Patel by the Senate.Justice department leaders have generally not given reasons for the dismissals, but have broadly emphasized that career officials must be trusted to enforce Trump’s agenda.skip past newsletter promotionafter newsletter promotionA union said on Friday the US Department of Labor reinstated about 120 employees who had been facing termination as part of the Trump administration’s mass firings of recently hired workers.The American Federation of Government Employees, the largest federal employee union, told Reuters that the probationary employees had been reinstated immediately and that the department was issuing letters telling them to report back to duty on Monday.Coral Murphy Marcos contributed to this report More

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      Trans women transferred to men’s prisons despite rulings against Trump’s order

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      Transgender women incarcerated in the US prison system have been transferred to men’s facilities under Donald Trump’s executive order, despite multiple court rulings blocking the president’s policy, according to civil rights lawyers and accounts from behind bars.Trump’s day-one “gender ideology” order, one of several sweeping attacks on trans rights, said the attorney general “shall ensure that males are not detained in women’s prisons or housed in women’s detention centers” and that no federal funds go to gender-affirming treatment or procedures for people in custody.The executive order was quickly challenged in court. In three lawsuits filed on behalf of trans women housed in women’s prisons, federal judges have ruled that the US Bureau of Prisons (BOP) cannot withhold their medical treatment and was barred from moving them to men’s facilities. One judge said the plaintiffs had “straightforwardly demonstrated that irreparable harm will follow”.Lawyers fighting Trump’s directive say the court rulings prevented the transfers of 17 trans women who are plaintiffs in the cases, but others not included in the litigation are now facing placements in men’s facilities.“I’m just continuing to be punished for existing,” said Whitney, a 31-year-old trans woman who was transferred from a women’s facility to a men’s prison this week. The BOP changed her records from “female” to “male”, records show. In messages before her transfer, she said she felt like a “pawn in others’ political games”. The Guardian is not using her full name due to concerns about retaliation.Kara Janssen, an attorney representing trans women in litigation, said she learned of another trans woman not included in the lawsuits who was recently transferred to a facility that houses men, and also had the gender marker in her records changed. Janssen also learned of a trans woman newly entering the BOP system who had gender-affirming surgeries before her incarceration, but was placed in a men’s facility.Prisons are required under the Prison Rape Elimination Act (Prea), a longstanding federal law, to screen incarcerated people for sexual assault risk and consider LGBTQ+ status when making housing decisions. Legal experts say Trump’s blanket policy of housing trans women in men’s facilities clearly violates Prea.“This is incredibly unnecessary and cruel,” said Janssen. “Our clients are desperate and scared.”The BOP did not respond to requests for comment.Trans people have long faced high levels of sexual violence and discrimination behind bars, and the implementation of Trump’s order has unleashed chaos, panic and significant violations of their rights beyond the threats of housing transfers, attorneys said.Internal BOP memos seen by the Guardian show that officials are now requiring staff to refer to trans residents by their legal names and incorrect pronouns, as well as deny requests for gender-appropriate clothing accommodations. The BOP has also rescinded policies that allowed trans women to have their pat-down searches conducted by female guards.Susan Beaty, a senior attorney for the California Collaborative for Immigrant Justice, who represents roughly 20 trans people in federal prisons, said they have received reports that some trans people were forced under threat of discipline to hand over their underwear, including bras and boxers, as if they were contraband. They said they’ve also heard accounts of male guards searching trans women in encounters several of the women described as “groping”. Some staff have been emboldened to harass and taunt trans people, Beaty said.“It is already so difficult to be a trans person in prison in this country, and now this administration’s measures are intentionally terrorizing and traumatizing incarcerated trans people even further,” Beaty said.“It is essentially sanctioning sexual assault in some instances,” added Janssen, of the male pat-downs of trans women. Some trans people had told her they were suffering suicidal thoughts and daily nightmares.Whitney, who was recently transferred, said in interviews prior to her move that staff for weeks gave her conflicting information. In mid-February, she and another trans woman were placed into a form of isolation called a “special housing unit” and told they could be there for months, she said. The other woman attempted suicide out of fear of being transferred, she said.Days later, the women were moved back to the general population. Whitney’s doctor, however, then told her that her hormone therapy medications would start to be tapered down. Whitney said going off those medications would wreak havoc on her body and mind, describing it “like a slow death”. The doctor also said staff would start using male pronouns for her, though she said that had not happened yet. She said she was also told she would be allowed to keep women’s underwear she already owns, but would not be issued new garments.Last week, medical staff told Whitney her medications would not be changed after all, she said, but then days later, she was told to pack because she was being transferred to a men’s facility.skip past newsletter promotionafter newsletter promotion“I’m nervous. Worried. Apprehensive. Anxious. Scared. You name it,” Whitney said before her transfer. “One moment I am feeling relief, and the next I am growing gray hairs. That’s probably one of the most stressful things about all this. Are you safe or are you not?”The litigation is ongoing and is most immediately focused on maintaining trans people’s housing and medical care, attorneys said. But Janssen said lawyers would also be fighting for trans women who have long been housed in male facilities and were in the pipeline to be transferred, and advocating against the rollback of basic accommodations across the system. “It’s cruel and unusual punishment because you’re punishing this group for no reason other than you don’t think they should exist.”One judge criticized the US government for failing to address plaintiffs’ concerns that their gender dysphoria would be exacerbated in men’s prisons “whether because they will be subject to searches by male correctional officers, made to shower in the company of men, referred to as men, forced to dress as men, or simply because the mere homogenous presence of men will cause uncomfortable dissonance”.Alix McLearen, who was the acting director of the National Institute of Corrections (NIC) in 2022 before she retired in 2024, said Trump’s order endangers trans people and staff. The NIC is part of the BOP and does training and policy development for corrections officials. McLearen led the drafting and implementation of the “transgender offender manual” when she oversaw women and special populations at BOP. That manual has recently been rescinded.“If you yank this away, no one knows what to do,” McLearen said. “If you are going to change a policy, you [should] do it slowly and thoughtfully.”Confusion in a prison setting increases stress levels and the potential for conflict among staff and incarcerated people, McLearen said.Trump’s order also increases the already high risk of sexual and physical assault of trans people in prison, said Julie Abbate, the national advocacy director of Just Detention International, a human rights group focused on sexual abuse in prisons and jails.Putting a target on trans people in prison only increases their risk of assault, which in turn also puts staff in the dangerous position of intervening in violent situations, said Abbate, who spent 15 years at the civil rights division of the US justice department and helped draft national Prea standards.Trump’s policy has no benefit, McLearen said. The order purports to “defend women” in prisons, but McLearen said it addresses a problem that does not exist.“This is fake – this whole executive order is false on its face,” McLearen said. “It’s scapegoating. Trans people are easy to scapegoat.” More

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      How Texas’s bankruptcy courts are used to shield a prison healthcare provider

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      When late last year the largest provider of healthcare to inmates in jails and prisons in the US found itself facing an avalanche of medical malpractice lawsuits, its path forward was seemingly obvious.By filing for Chapter 11 bankruptcy in Texas’s increasingly popular bankruptcy courts, Wellpath Holdings could restructure itself, in the process staying the 1,500 lawsuits it had been facing and limiting its exposure to more than $100m in potential liabilities.Last month, a bankruptcy judge for the southern district of Texas in Houston extended those stays to give Wellpath additional time to propose how it might exit bankruptcy and continue operating.But critics say that the move is a cynical attempt to avoid paying out to the families of people devastated by the company’s actions in a state increasingly seen as a safe haven for big corporations looking to avoid paying out to people and families their actions have harmed.Among the cases stayed for Wellpath was one brought by Teesha Graham of Albuquerque. Her father Frankie died in 2022 after spending almost a week slumped in his San Juan county jail cell, covered in vomit and excrement as medical staff and prison guards refused his requests for help, an inmate in the jail told the Guardian.Also stayed was a claim brought by Nicole Poppell of Colorado Springs. Her daughter Savannah died aged 24 just three days after she was booked into El Paso county jail in Colorado. Incessant vomiting caused by opiate withdrawal tore her esophagus and she bled to death in her cell.“Now they’re filing bankruptcy the chances are I could get next to nothing but really I don’t even give a shit about the money,” said Nicole. “I just want to be heard.”Poppell and Graham are just two grieving family members wanting the bankruptcy court to consider their claims against Wellpath but as “unsecured creditors”, they are at the bottom of the hierarchy when it comes to who gets paid from the limited funds that remain.Last week they enjoyed a small victory as Wellpath dropped its request that the court approve some $5m in bonuses for 12 of its executives. “I’ll never understand it,” said Graham.Attorneys representing claimants against Wellpath say its bankruptcy was a long time coming, and part of a cynical strategy that would see it minimize costs with reduced staff and improper insurance coverage. Malpractice lawsuits would inevitably accumulate but using the Texas courts it could largely shed itself of those liabilities and exit from it all relatively unscathed.“These companies keep their costs as low as possible and then rely on the bankruptcy courts in Houston to bail them out once they hit a critical mass of lawsuits,” said Adam Flores, a New Mexico attorney representing Graham.Wellpath is a for-profit business headquartered in Nashville, Tennessee, and owned by the private equity firm HIG Capital. It operates in jails and prisons across almost 40 states and is responsible for the care of hundreds of thousands of inmates.Although bankruptcy is governed by federal code, jurisdictions will enforce it with varying lenience, and typically if a company has enough assets in a given state they can make use of its courts.In recent years, the southern district of Texas has become a go-to bankruptcy venue, displacing the southern district of New York as the second most popular in the country behind Delaware.“The southern district of Texas really blew up four or five years ago,” said RJ Shannon, a bankruptcy attorney in Houston who is representing almost 100 claimants in the Wellpath case. “It’s a debtor-friendly court, so it’s where all the big cases will be filed.”Last year, the southern district of Texas saw 31 filings for bankruptcy by companies with assets greater than $100m, whereas the southern district of New York saw just 11, according to figures from Bankruptcy Data.Wellpath’s filing in November made it the second prison contractor to have used the court’s Houston division in just two years after the prison healthcare firm Corizon filed for Chapter 11 in early 2023. The maneuver it attempted has been referred to as “the Texas Two-Step” and sees a company split itself into two, placing valuable assets in one and its liabilities in the other.Although Wellpath is pursuing a simpler and more traditional Chapter 11 restructuring, its critics say the move is intended to have precisely the same effect.“I think the reason Wellpath filed here [in Texas] is that they saw Corizon do it and they saw good things came of it,” said Shannon. He said that not only was the Houston court friendly to debtors, it was also “user-friendly”, meaning proceedings can take place fast.Anna Holland Edwards, a civil rights attorney in Denver who has brought a handful of cases against Wellpath over her career, said she saw its bankruptcy coming from a mile away. In early November her office asked a state court to issue sanctions on the company ahead of its expected bankruptcy.Holland Edwards and other critics of Wellpath paint its use of Chapter 11 as a “business model” – both inevitable and symptomatic of the increasing extent to which America’s corporate assets have come under the ownership of private equity funds.They argue that Wellpath, under private equity ownership, borrowed money to buy up regional facilities across the country and then underbid rivals and county services in order to win taxpayer-funded government contracts. Underbidding meant cost-cutting.“If they don’t have enough money, maybe instead of having 10 nurses working in jail they’d only get five,” said Shannon.According to Graham, it was a lack of staff in San Juan county jail that led to her father’s death: “They feel like they can send two people in there to care for over 500 humans?”Another cost-cutting measure that may have brought Wellpath to its knees was its purchase of liability insurance policies that appeared to meet state and local government requirements but failed to establish any “true risk transfer”. As revealed in the ongoing bankruptcy proceedings, these policies only pay out if Wellpath covers a share of the damages, otherwise, no insurance kicks in.And so tight were Wellpath’s purse strings that at the time of its bankruptcy it had left about 15 EMS providers in Michigan with more than $6m worth of unpaid bills, according to the Michigan Association of Ambulance Services.Where the chips will now land remains uncertain, according to Shannon. As it stands, the ball is in Wellpath’s court, as it prepares to issue a revised plan for how it will restructure and emerge out of Chapter 11 operational.A recent ruling by the bankruptcy judge Alfredo R Perez of the southern district of Texas extended the stay on the pending lawsuits until at least 30 April.In the meantime, unsecured creditors will fight to have as much money as possible set aside for their settlements. In many cases, especially those involving personal injury, once the stays are lifted plaintiffs’ right to seek damages will be restored, but the pool of funds from which to collect will be limited.For Wellpath, the plan after Chapter 11 is to continue business as usual, and with Trump in office, there has never been a better climate for it to emerge from bankruptcy, according to Andy McNulty, another civil rights attorney based in Colorado.“We saw when Donald Trump was elected that private prison company stocks soared to all-time highs so there’s no reason to believe that if Wellpath is allowed to continue operating it will not continue to profit off the suffering of inmates across the country,” he said.A spokesperson for Wellpath said in a statement to the Guardian that it had filed for Chapter 11 in order to “strengthen our financial foundation without compromising our ability to deliver high-quality patient care”.“We remain committed to providing vital healthcare services to underserved populations and are confident this process will allow us to continue to do so for years to come,” they added.The company declined to say why it chose to file in the southern district of Texas or to answer questions about its liability insurance.Savannah’s mother Nicole said she wanted to see Wellpath dissolved for good. “For three days she was in there and she was begging for help, she was crying for help, and she was alone,” she said. “I want these people shut down.” More

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      Victims of ‘kids-for-cash’ judge outraged by Biden pardon: ‘What about all of us?’

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      Victims of a former Pennsylvania judge convicted in the so-called kids-for-cash scandal are outraged by Joe Biden’s decision to grant him clemency.In 2011, Michael Conahan was sentenced to more than 17 years in prison after he and another judge, Mark Ciavarella, were found guilty of accepting $2.8m in illegal payments in exchange for sending more than 2,300 children – including some as young as eight years old – to private juvenile detention centers.Conahan was released from prison in 2020 due to Covid-19 and placed on house arrest, which had been scheduled to end in 2026.Conahan’s sentence was one of about 1,500 the US president commuted – or shortened – on Thursday while also pardoning 39 Americans who had been convicted of non-violent crimes.In response to Conahan’s pardon, the mother of a boy sent to jail at age 17 before later dying by suicide told the Citizens’ Voice: “I am shocked and I am hurt.”“Conahan’s actions destroyed families, including mine, and my son’s death is a tragic reminder of the consequences of his abuse of power,” Sandy Fonzo said to the outlet. “This pardon feels like an injustice for all of us who still suffer. Right now I am processing and doing the best I can to cope with the pain that this has brought back.”Similarly, Amanda Lorah, who at age 14 was wrongfully imprisoned as part of the scheme, told WBRE: “It’s a big slap in the face for us once again.“We had … time taken away from us. We had no one to talk to, but now we’re talking about the president of the United States to do this. What about all of us?”The Pennsylvania governor, Josh Shapiro, also condemned Biden’s decision, telling reporters that his fellow Democrat “got it absolutely wrong”, the Pennsylvania Capital-Star reported.“I’ll offer these thoughts as an outsider, not privy to all the information he looked at, but I do feel strongly that President Biden got it absolutely wrong and created a lot of pain here in north-eastern Pennsylvania,” Shapiro said.Biden’s actions Thursday marked the largest instance of presidential clemency carried out in a single day.Describing the move, the White House said: “The president is commuting the sentences of close to 1,500 individuals who were placed on home confinement during the Covid-19 pandemic and who have successfully reintegrated into their families and communities.”Attempts to contact Conahan were not immediately successful. More

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      Biden must Trump-proof US democracy, activists say: ‘There is a sense of urgency’

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      The skies above the White House were cold and grey. Joe Biden greeted the championship winning Boston Celtics basketball team, quipping about his Irish ancestry and tossing a basketball into the crowd. But the US president could not resist drawing a wider lesson.“When we get knocked down, we get back up,” he said. “As my dad would say, ‘Just get up, Joe. Get up.’ Character to keep going and keep the faith, that’s the Celtic way of life. That’s sports. And that’s America.”Such events continue to be among the ceremonial duties of a “lame duck” president with waning influence. Biden has cut a diminished figure in recent months, first surrendering his chance to seek re-election, then finding himself sidelined by the doomed presidential campaign of his vice-president, Kamala Harris.But with his legacy imperiled by Donald Trump, the president is facing calls to mitigate the oncoming storm. Advocacy groups say Biden, who turned 82 this week, can still take actions during his final two months in office to accelerate spending on climate and healthcare, secure civil liberties, and Trump-proof at least some fundamentals of US democracy.Trump’s signature campaign promise was a draconian crackdown on illegal immigration. He has nominated officials including Tom Homan and Stephen Miller, architects of family separations at the southern border during his first term, and vowed to use the US military to carry out mass deportations of undocumented immigrants.The plans include mandatory detention, potentially trapping immigrants in inhumane conditions for years as they fight deportation. The American Civil Liberties Union (ACLU) is leading an opposition effort, urging Biden to halt the current expansion of Immigration and Customs Enforcement (Ice) detention facilities, especially those with records of human rights abuses.Eunice Cho, a senior staff attorney with the ACLU national prison project, said Ice detention facilities “characterised by abusive conditions, pervasive neglect and utter disregard for the dignity of people in their custody” are key to Trump’s logistical plan.Dozens of people have died in Ice detention facilities – mostly owned or operated by private prison corporations – over the past four years, according to the ACLU, and 95% were likely preventable if appropriate medical care had been provided. Yet the Biden administration has backed new Ice detention facilities in states where they did not existed before, such as Kansas, Wyoming and Missouri.“We are calling on the Biden administration to take action now, in the final days of the administration, to halt any efforts to expand immigration detention and to shut down specifically abusive facilities once and for all,” Cho told reporters on a Zoom call this week. “We don’t need to put down runway for the Trump administration to put in place these mass detention and deportation machines.”She warned: “We know that the anti-immigrant policies of a second administration are going to be far more aggressive than what we saw in the first term, and mass arrest and detention is going to become perhaps the norm to create and carry out these deportation operations unless we can do all we can to put a halt to them.”View image in fullscreenAnother crucial area for Biden to make a last stand is criminal justice. In his first term, Trump oversaw the execution of more people than the previous 10 presidents combined. Biden’s attorney general, Merrick Garland, then imposed a moratorium on federal executions in 2021.Trump has indicated his intention to resume such executions and even expand the death penalty. His nominee for attorney general, Pam Bondi, issued a public apology in 2013 while serving as Florida’s top law enforcement officer after she sought to delay the execution of a convicted killer because it conflicted with a fundraiser for her re-election campaign.Cassandra Stubbs, director of the ACLU’s capital punishment project, told reporters via Zoom that Trump said “he will work to expand the death penalty. He’s going to try to expand it to people who do not even commit killings. He’s called for expanding the death penalty to his political opponents.“But perhaps most dangerously in Project 2025 [a policy blueprint from the Heritage Foundation thinktank] – and we believe every word of it is this – he promised to try to kill everyone on death row, and the reason why we have to believe this and take it so seriously is the record that Donald Trump left where he, in a span of six months, carried out 13 executions.”The ACLU and other groups are therefore pressing Biden to commute the sentences of all individuals on federal death row to life in prison, fulfilling a campaign promise and preventing potential executions under Trump. Commuting “is really the thing that Biden can do to make it harder for Trump to restart executions”, Stubbs added.Pastor Brandi Slaughter, a board member of the pressure group Death Penalty Action, told reporters this week: “We know what the next president plans to do if any prisoners are left under a sentence of death under the Biden administration. We’ve been there, we’ve done that.”Biden has also received 8,000 petitions for clemency from federal prisoners serving non-death penalty sentences that he could either reduce or pardon. The former senator has long been criticised for his role in drawing up a 1994 crime law that led to the incarceration of thousands of Black men and women for drug offences.This week, members of Congress including Ayanna Pressley and James Clyburn led 64 colleagues in sending a letter to Biden urging him to use his clemency power “to reunite families, address longstanding injustices in our legal system and set our nation on the path toward ending mass incarceration”.They were joined at a press conference on Capitol Hill by Maria Garza, 50, from Illinois, a prison reform advocate who spent 12 years in a state prison. She said in an interview: “There is a sense of urgency because a lot of the people that are sitting waiting for clemency are people that have de facto life sentences that will die in prison if they don’t [receive clemency]. A lot of their unjust sentencing was because of the 1994 crime bill that he was the founding father of.”skip past newsletter promotionafter newsletter promotionMitzi Wall, whose 29-year-old son Jonathan is incarcerated on a seven-and-a-half-year federal cannabis charge, called on Biden to keep a campaign promise to grant clemency to more than 4,000 people in federal prison for nonviolent cannabis crimes.“We voted for President Biden,” she said. “He gave us hope and we’re asking him to do nothing more than keep his promise.”Wall, 63, from Maryland, added: “President Biden was partly responsible for writing the 1994 crime bill that thrust families into abject poverty and pain. I know he feels bad about that and he can right that wrong with the power of the pen. I’m appealing to him as a father whose son [Hunter] could very possibly be going to prison.”In other efforts to protect civil liberties, the ACLU is recommending a moratorium on all federal government purchases of Americans’ personal data without a warrant. It is also asking Congress to pass the Fourth Amendment Is Not for Sale Act to prevent potential abuse of surveillance technologies under the Trump administration.Meanwhile, Trump has pledged to rescind unspent funds in Biden’s landmark climate and healthcare law and stop clean-energy development projects. White House officials are working against the clock to dole out billions of dollars in grants for existing programmes to minimise Trump’s ability to rescind or redirect these funds. Earlier this month, the transportation secretary, Pete Buttigieg, announced more than $3.4bn in grants for infrastructure projects across the country.Wendy Schiller, a political science professor at Brown University in Providence, Rhode Island, notes that Trump will have the power of impoundment to stall the money flowing out of the government and can order rescissions to programmes funded by Congress.“The singular thing that Joe Biden can do is expedite the flow of federal dollars in all the programmes,” Schiller said.“Any money that is supposed to leave the treasury to go to schools, food safety, environmental protection – anything that is not yet distributed needs to get distributed. It’s like emptying literally the piggy bank before you go on a trip. President Biden needs to be literally getting as much money out the door in the hands of state, local and community organisations as he can.”Another priority for the White House is getting Senate confirmation of as many federal judges as possible, given the potential impact of the judiciary in challenging Trump administration policies. The Marshall Project, a non-profit news organisation, noted: “Federal judges restricted hundreds of Trump administration policies during his first term, and will likely play a significant role in determining the trajectory of his second.”Senate Republicans forced numerous procedural votes and late-night sessions this week in attempt to stall confirmations. Eventually a deal was struck that will bring Biden within striking distance of the 234 judicial confirmations that occurred in Trump’s first term – but four of Biden’s appellate court nominees will not be considered.The outgoing president could also engage with Democratic-led states and localities to bolster protections and establish “firewalls” against Trump’s agenda, particularly in areas such as immigration. These collaborations could involve reinforcing sanctuary city policies and providing resources to states that are likely to face pressure from the Trump administration.Chris Scott, former coalitions director for Harris, said: “What will be interesting is how or what can President Biden to work with states, especially where we have Democratic leadership in place, to be able to brace themselves and arm themselves with more protection. We already have places like a Michigan or Illinois where you have governors vowing to make sure that they have protections – even in the Trump presidency.”As Barack Obama discovered before handing Trump the keys to the Oval Office in 2017, however, lame duck presidents can only do so much. Trump will come into office with a flurry of executive orders, a supportive Congress and fewer guardrails than the first time around.Bill Galston, a former adviser in the Bill Clinton administration, said: “On January 20 Donald Trump will control all the instruments of government and, at that point, it’ll be up to the courts – and public opinion – to restrain him.” More

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      Biden urged to use clemency powers to tackle ‘crisis’ of US mass incarceration

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      More than 60 members of Congress have written to Joe Biden calling on him to use his presidential clemency powers to reunite families, address unfair sentencing policies, and begin to tackle the scourge of mass incarceration, which they said was eroding “the soul of America”.Biden has 61 days left before he leaves the White House in which he could pardon or commute the sentences of incarcerated Americans. The letter, signed by a number of prominent Democratic politicians and spearheaded by the progressive politician Ayanna Pressley of Massachusetts and Jim Clyburn of South Carolina, urges Biden to act while he still can.“Now is the time to use your clemency authority to rectify unjust and unnecessary criminal laws passed by Congress and draconian sentences given by judges,” the letter demands.Biden’s clemency power is one of the most concrete tools at his disposal during the lame-duck period of his presidency. During his term in the White House he has already granted 25 pardons and 132 commutations, including for people imprisoned for simple possession of marijuana and several court-martialed from the military because of their sexual orientation.But he could make a far greater impact, should he choose to. There are currently more than 12,000 petitions for commutations and almost 4,000 requests for pardons on his desk.“So many people who are serving extensive sentences today are there because of crimes that are victimless. That is astonishing, and it should be dealt with,” Clyburn told a press conference outside the Capitol building on Wednesday.Clyburn’s participation in the appeal may carry weight with the president. The congressman is widely credited for having helped Biden secure the Democratic presidential nomination during the primary contests of 2020.In their letter, the congress members urge Biden to focus on categories of prisoner who they say especially deserve his help. That includes the 40 men who are currently on federal death row and who are facing the threat of imminent execution once Donald Trump returns to the White House.Other groups of incarcerated people highlighted by the group include women forced into crime or acts of self-defense by abusive domestic partners, and those serving long sentences because of the disparate sentencing rules around crack cocaine. In 1986 Ronald Reagan introduced harsher sentences for crack than the powder form of the drug, even though the only difference in their chemical composition is baking soda.Crack tended to be used more widely by Black people and powder cocaine by white people. The Biden administration addressed the disparity in 2022 by leveling the sentences, but the change did not help those already imprisoned.“The mass incarceration crisis is one of our country’s greatest failures,” said Pressley, whose father was incarcerated when she was a child as a result of his drug addiction. “President Biden was elected with a mandate for making compassionate change, and he has the power to do so right now.” More

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      Incarcerated Californians can’t vote. A prison held an election anyway

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      An estimated 4 million US citizens are barred from voting because they have a felony conviction. That includes most Americans serving prison sentences.But last week at San Quentin, the 172-year-old prison in the San Francisco Bay Area, residents had a rare opportunity to weigh in on a US election where so much is on the line.As incarcerated residents jogged on the yard and played pickleball, dozens stopped by the prison’s education department and slid paper ballots into a locked metal box with an American flag and the word “vote” painted on it.The voters were participating in a mock election, organized by Juan Moreno Haines, a journalist incarcerated at San Quentin, and Mount Tamalpais College (MTC), a liberal arts institution based at the prison.“It’s important for me to have a voice, especially if it’s being heard on the outside,” said Michael Scott, 45, who is due to be released next year after having been incarcerated for more than two decades, before casting his vote.California, like most US states, prohibits incarcerated people with felonies from voting, affecting more than 90,000 people in state prisons. The US is a global leader in its incarceration rate and an outlier in its sweeping disenfranchisement; a recent report identified more than 70 countries with no or very few restrictions on voting based on criminal records. Roughly 1.7% of the US voting-age population can’t vote, with Black Americans disproportionately excluded and restrictions potentially affecting election results.For San Quentin’s election, MTC, which recently became the first US accredited college exclusively operating behind bars, directed incarcerated students in its American government class to design ballots, choosing which races and initiatives to poll.MTC sent all 3,247 residents a ballot. After a week of voting, 341 ballots had been returned, representing 10.5% of the population. Fifteen volunteers from MTC and the League of Women Voters tallied the results: Kamala Harris won 57.2% of votes, and Donald Trump won 28.2%. Claudia De la Cruz of the Peace and Freedom party, a socialist ticket, won 3.5% of votes; the Green party’s Jill Stein won 2.6%; Robert F Kennedy Jr won 2.1%; and Chase Oliver, a libertarian, won 0.3%.View image in fullscreenIn the California senate race, Adam Schiff, the Democratic candidate, defeated Republican Steve Garvey with 33.7% of votes, though nearly half of respondents left this question blank. Nearly 60% favored Prop 5, which would boost affordable housing funding; 78% favored Prop 32, which would increase the minimum wage; and 57.2% rejected Prop 36, which would increase penalties for certain drug and theft crimes.Prop 6 would change the state constitution to abolish forced prison labor, making it a high-stakes measure for incarcerated people. Just more than 77% of respondents backed it.The state of California, like most others in the US, allows for incarcerated people to be forced to work against their will. California profits from this form of involuntary servitude, with residents providing vital services for negligible wages. Most people in prison currently make less than $0.75 (£0.58) an hour for their jobs.Prop 6 is meant to allow incarcerated people to choose their jobs and prohibit prisons from punishing those who refuse an assignment. Dante Jones, 41, said he wished he could vote for Prop 6 on 5 November: “We’ve got legalized plantations … They say they want us to be citizens, they want to rehabilitate us, but then they don’t do anything that allows that to happen. Technically, by the constitution, we’re slaves and they can whip our backs.”Jones said he hopes if Prop 6 passes, incarcerated people can earn better wages to afford commissary, including food.Jones’ assessment of the presidential race was grim: “I think we’re losing either way.” He reluctantly supported Harris despite her prosecutorial record and reputation for harshly punishing Black defendants: “She ain’t for her people. Do you know how many Black and brown people she put in prison? … She’s gonna be like a Bill Clinton, a conservative Democrat who is tough on crime.” Despite those misgivings, he couldn’t stomach supporting Trump: “Since he’s been in politics, he’s been courting racist white people who think that people who aren’t white are taking their country.”Jaime Joseph Jaramillo, 53, said he supported Trump, appreciating his promise of mass deportations to “get rid of the drug cartels” and favoring him on foreign policy: “I want him to bomb Iran and drill, drill, drill.” He expressed sympathy for Palestinians, but said: “I want him to take out Hamas.”Nate Venegas, 47, said he, too, favored Trump because “our system needs somebody who’s not a politician”. He thinks Trump could be more swayed on prison reform, citing the former president’s decision to pardon a woman’s drug offense after lobbying by Kim Kardashian while he was in office. But he also called Trump a “clown” and said he disliked his vigorous support of capital punishment: “I don’t believe there should be a death penalty. I don’t believe a man should kill another man.”Scott voted for Harris “because she gives me something to look forward to. Trump hasn’t given me anything that he plans to do, except lock down the borders. We have problems with homelessness, jobs and climate change.”Gabriel Moctezuma, 32, said he considered Harris “the lesser of two evils” and supported her on reproductive rights and immigration: “I think there would be a lot of progressive changes. There have been a lot of human rights taken away from people and she’ll bring some of those policies back.” But he worries about divisions in the country: “No matter who wins, this country is going to be split and I’m really hoping that there’s not the same amount of violence as January 6.”View image in fullscreenView image in fullscreenOn their ballots, some offered handwritten notes about why they voted:“We have not always had the right to vote. So I would like to cast my vote for each of my [African American] ancestors that was denied access.”“I only ever voted once in my life and I want to do so again.”“Democracy is at stake.”“I want to feel like I am a part of history.”“[I’ve] been in prison for 29 years and never had an opportunity to vote.”Vermont, Maine and Washington DC are the only places in the US where all incarcerated people can vote.Amy Jamgochian, the chief academic officer at MTC, said the disenfranchisement of incarcerated people was a reminder that the US is “very confused as a society about what incarceration is for”.“Is it for depriving people of humanity and rights? Will that help them? Are we trying to help them? Or are we just trying to warehouse them? If [the goal] is rehabilitation, then I don’t think we want to dehumanize them. We want to actually deeply respect their humanity, including giving them the right to vote.”Venegas, who has been incarcerated for 25 years and is part of a civic engagement group at San Quentin, said he did feel society’s views on the purpose of the criminal justice system are shifting. He noted how, 20 years ago, the system was primarily focused on punishment, with little interest in getting people ready to come home.Last year, the California governor, Gavin Newsom, renamed San Quentin a “rehabilitation center”, pledging to turn the prison into a complex resembling a college campus focused on programming and re-entry.It’s just another reason why efforts like the mock election matter, Venegas argued. “People are starting to listen to us and care about having us as neighbors when we get out,” he said. “So our voices really matter … and I’d give anything to be able to vote and have a say.”

      Juan Moreno Haines is an incarcerated journalist at San Quentin and editor-in-chief of Solitary Watch. Sam Levin is a staff reporter at Guardian US More

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      US reacts to major prisoner swap with Russia: ‘feat of diplomacy’ and ‘joyous’

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      The White House celebrated a “feat of diplomacy” on Thursday after a major prisoner swap between Russia and the west that included the release of the Wall Street Journal reporter Evan Gershkovich and former US marine Paul Whelan, among others.Both are US citizens accused by Russian authorities of espionage, charges they and the US government have denied, and a possible exchange had been mooted for months.The exchange on Thursday occurred at Ankara airport in Turkey, and involved people held in seven different countries including the US, Germany, Poland, Slovenia, Norway, Russia and Belarus. The Turkish presidency said 10 prisoners were relocated to Russia, 13 prisoners to Germany and three to the US.Among the prisoners returning to Russia was the assassin Vadim Krasikov, who had been held in a German prison since 2019 for murdering a Chechen exile in Berlin in broad daylight.Joe Biden said in a statement immediately following the news that the three American citizens and one American green card holder were “unjustly” imprisoned in Russia – in addition to Gershkovich and Whelan, the other two are Alsu Kurmasheva, a US-Russian journalist, and Vladimir Kara-Murza – “was a feat of diplomacy”.“All told, we’ve negotiated the release of 16 people from Russia – including five Germans and seven Russian citizens who were political prisoners in their own country. Some of these women and men have been unjustly held for years. All have endured unimaginable suffering and uncertainty. Today, their agony is over.”Biden added he was grateful to the allies of the US who “stood with us throughout tough, complex negotiations to achieve this outcome”.He said: “This is a powerful example of why it’s vital to have friends in this world whom you can trust and depend upon. Our alliances make Americans safer.”Shortly afterward, Biden delivered remarks from the White House, surrounded by family members of the freed prisoners.“This is a very good afternoon,” the president said, adding that he and the family members had been able to speak to the released prisoners on the phone.He also asked the room to sing happy birthday to 12-year-old Miriam, daughter of Kurmasheva, who he said is turning 13 on Friday.The swap is likely to be considered a political coup for Biden in the waning months of his presidency, and a blow to Donald Trump, who has claimed on the 2024 campaign trail that he would free Gershkovich if re-elected.Trump has frequently voiced admiration for the Russian president, Vladimir Putin, and said in May on his social media site, Truth Social, that if he won the November election, Gershkovich would be “released almost immediately after the election, but definitely before I assume office”, adding that Putin would “do that for me, but not for anyone else”.Kamala Harris, the vice-president and frontrunner for the Democratic nomination for president, echoed Biden’s words on Thursday and added: “I will not stop working until every American who is wrongfully detained or held hostage is brought home.”On Thursday, White House’s national security adviser, Jake Sullivan, said Biden and Harris would welcome the released US citizens at Joint Base Andrews in Maryland, and that Gershkovich, Whelan and Kurmasheva were expected to arrive on US soil on Thursday night.Emma Tucker, the editor of the Wall Street Journal, described the event as a “joyous day” for friends, family and colleagues of Gershkovich, and the “the millions of well-wishers in the US and around the world who stood with Evan and defended the free press”.Current and former US government officials and press freedom groups similarly rejoiced at the news.Barack Obama described the exchange as a “tremendous diplomatic achievement” and noted the “skill and persistence” of Biden, Harris and US allies.Jodie Ginsberg, the chief executive of the Committee to Protect Journalists, welcomed the news but said “it does not change the fact that Russia continues to suppress a free press”. Reporters Without Borders said they were “relieved” but said more than 40 other journalists remain detained in Russia.On Thursday afternoon, Trump criticized the swap on Truth Social, calling it a “bad” deal. “So when are they going to release the details of the prisoner swap with Russia? How many people do we get versus them? Are we also paying them cash?” he asked.Sullivan, the White House national security adviser, said that no money was exchanged. He said no sanctions were loosened to facilitate the deal.The swap comes a year and a half after the Biden administration secured the release of US basketball star Brittney Griner in late 2022, who had been held in Russian jail for almost 10 months on drug charges and was freed in exchange for the arms dealer Viktor Bout. At the time, Biden expressed regret that the deal did not include Whelan, who had been detained since 2018.Earlier in 2022, the Biden administration also secured the release of former US marine Trevor Reed, who was arrested in 2019 after Russian authorities said he assaulted an officer while being driven by police to a police station after a night of heavy drinking. Reed was released in exchange for a convicted Russian drug trafficker who was serving a long prison sentence in the US. More

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      Phone calls from prison are finally being capped at 6 cents a minute. But there’s more to do | Katrina vanden Heuvel

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      You’d be forgiven for falling behind on your federal regulatory news this past month. But amid the chaos of an assassination attempt on the Republican nominee, the self-removal of the Democratic nominee, the meme-ification of the current vice-president, and a flat Diet Mountain Dew joke from her would-be successor, the Federal Communications Commission (FCC) passed a historic measure that will change the lives of millions of incarcerated people and their loved ones.For decades, activists and lawmakers have fought to reduce the cost of calls from prison. As I wrote about in 2021, many prisoners and their loved ones have paid as much as a dollar or more per minute to stay in touch. This exorbitant cost has disproportionately driven women and people of color into debt, while the correctional telecom industry – about 80% of which is controlled by just two companies – extracted over $1.4bn a year.Under the FCC’s new rule, this exploitative environment is finally changing. The cost of a phone call from prison will be capped at 6 cents per minute, and video call charges won’t exceed 16 cents per minute. Rates will vary in jails depending on population size, but the implication remains the same: in America, incarcerated people can no longer be gouged for wanting to connect with their loved ones.That’s the immediate benefit. Over the long term, the FCC’s new rule has the potential to open another important channel of communication: a national discussion about the rights of incarcerated people.Technically, this reform was made possible by Joe Biden signing the Martha Wright-Reed Just and Reasonable Communications Act last January. That law granted the FCC the regulatory authority to set call prices within state lines, instead of just across them. But the credit truly belongs to longtime activists, including the law’s namesake. Wright-Reed was a Black, blind grandmother who sued CoreCivic, then the Corrections Corporation of America, over two decades ago for running up her phone bill while she kept in touch with her incarcerated grandson. Even before a law with her name landed on the Resolute desk, she and countless advocates had successfully pressured the FCC to begin reducing the cost of prison telecommunications.For such activists, the FCC’s new regulations represent a good start – and just that. They have a broader agenda of sweeping yet sensible reforms to tackle next. Several states – California, Colorado, Connecticut, Massachusetts and Minnesota – have made calls completely free, a move the other 45 state legislatures could follow. And telecom companies are still charging families for digital messages – which the FCC concluded the Martha Wright-Reed Act does not allow them to regulate. Exploitative practices like that one illustrate just how deep the need for reform is within this industry.But further progress could be stymied by our nation’s ambivalent attitudes toward incarcerated people. While 80% support criminal justice reform in theory, they’re not aligned on what reform looks like. In fact, 58% of Americans don’t think that this country’s criminal justice system is tough enough – a disturbing spike from the record low of 41% in 2020.If America’s policies affecting the incarcerated are going to change, America’s perceptions of the incarcerated might have to change first. And across culture and politics, there may soon be such an opportunity.Just this month, US theaters showed A24’s Sing Sing, a moving drama based on the true story of the Rehabilitation Through the Arts program, which aims to break the cycle of incarceration by allowing prisoners to explore their humanity through performance. The film, which some call an early Best Picture frontrunner, stars Colman Domingo alongside a cast of formerly incarcerated actors – actual alumni of the program. They join a generation of formerly incarcerated artists – like the poet and 2021 MacArthur fellow Reginald Dwayne Betts – who are using their talents to urge a national shift from contempt to compassion.Meanwhile, this election cycle, the word “incarceration” has been uttered almost exclusively in conjunction with Donald Trump’s 34 convictions. Kamala Harris has used her courtroom chops to prove she can prosecute the case against her opponent. But in embracing this aspect of her political background, the vice-president could risk alienating criminal justice advocates. They may remember her less compassionate actions as California’s attorney general, like refusing supreme court orders to relieve prison overcrowding so the state could keep using inmates’ $2-a-day labor for firefighting. If Harris wants to underscore the “progressive” part of her progressive prosecutor brand, it may behoove her to offer a plan to improve prison conditions for the 2 million people currently serving their sentences.A good way to start could be recruiting a running mate who restored voting rights to a historic 140,000 felons, or passed legislation to overhaul their state’s parole system, or signed a sweeping criminal justice reform package. But regardless of the VP’s pick, Harris has the power to offer a progressive platform of ambitious change for the incarcerated individuals who are still being denied their right to vote, be paid for their labor and be protected from inhumane conditions like solitary confinement.Though Wright-Reed died almost a decade ago, her grandson reflected on her legacy by saying: “It’s just amazing how far [the movement] has come because of the steps that she took at the very beginning.”

      Katrina vanden Heuvel is editor and publisher of the Nation, she is a member of the Council on Foreign Relations, and has contributed to the Washington Post, New York Times, and Los Angeles Times More