Today is an important anniversary: 10 years ago I was released from Federal Bureau of Prisons custody. Been fortunate to receive so many
#secondchances
from people. Still shocked that I'm married with 2 kids, and a law professor
@GeorgetownLaw
. Most days it doesn't seem real.
I've not seen a single document in the Flynn case. But I can confidently refute one bad take: just because someone pleads guilty in federal court does not mean they are guilty. Because of the trial penalty and prosecutors' threats, I've seen innocent people plead guilty.
Several hundred lawyers told me I could never go to law school or receive a law license after having felony convictions. But this is number TWO. I’m now a licensed lawyer in Washington state and D.C. Thanks Judge Iscoe for swearing me in.
#SecondChances
For those that need to here this: You can practice law even if you were previously convicted of a crime. I am now admitted in: two state court bars, two federal district courts, nine federal circuit courts, and the Supreme Court of the United States.
#SecondChances
Ugly statistic: People in the United States with schizophrenia and bipolar disorder are ten times more likely to be incarcerated than to be hospitalized.
Took me several years before the nightmares about going back to federal prison stopped. Serving time in an American prison is traumatic and most people who’ve served long sentences leave with trauma. It’s a significant public policy issue that has not been given enough attention.
So many formerly incarcerated people are receiving a second chance this year at law schools. In 2010 when I applied to over 50 law schools (and only 2 said yes), admitting people with criminal histories was viewed as novel and scary. Not anymore, and I’m ecstatic about it.
Even though police know people are recording them, we've seen ample videos of police brutality, especially against people of color. Now imagine how this plays out in our nation's prisons, where there are no cameras to capture a prison guard's abuses.
My former celly is also 1 of the sweetest people I know. He just called me, as he has every month since March to check up on Annie, my kids, and me to make sure we haven’t tested positive for COVID. We imagine that prisons hold the worst of the worst. But that is simply untrue.
Have come a long way since I filed my first (and successful) cert petition with a typewriter (and no Westlaw or Lexis) from a federal prison law library. Hard to believe that 19 years ago.
#SecondChances
We should pack the Supreme Court with a few formerly incarcerated lawyers, rather than just graduates of Yale and Harvard law schools. (But no, I wouldn't want that job.)
May the men and women in prison, who have suffered as much as anyone in 2020, have a better 2021. I have friends who have received only a single visit with their children in 2020.
Thread: August is the month that many people start applying to law schools, and this thread is for those with criminal convictions who want to go to law school.
If you're going to legislatively fix qualified immunity, then you should also provide a Bivens/money damages remedy when federal law enforcement violates peoples' constitutional rights.
Been thinking about the criminal justice reform push to rehabilitate people in prison. But the focus is always just on recidivism. Shouldn't we set the bar higher than just not re-offending? Why can't we teach people in prison how to be better husbands, fathers, and citizens.
He makes a lot of people angry, but I so appreciate how
@VanJones68
puts his politics to the side to work on federal criminal justice reform. Those in federal prison don't care about political parties; they just want some relief from appalling and counterproductive conditions.
CNN's
@VanJones68
on working with Jared Kushner: “In America, you should be able to say 'listen, on Tuesday I’m voting against you to get you out of here,' and on Wednesday, whoever’s in power, let’s work together to help the people who have nothing.”
About to start my second year as a law professor
@GeorgetownLaw
, the best job I’ve ever had in my life. Being at Georgetown feels just as improbable this year as last. Looking forward to teaching a bunch of really smart and eager students about sentencing and prison law.
The
#TrialPenalty
is real. The choice in my case was between 12 years in prison for a plea versus 92 years if I went to trial. Even if one is innocent (which I was NOT), it’s hard to believe anyone would risk a life sentence by excerising their right to jury trial.
Why do innocent people plead guilty (as we know they do)?
@VanessaPotkin
tells us based on her research with
@innocence
that it’s the huge disparity in sentences they face if they go to trial vs plea offer
"President Trump has the power to pardon Charles — and he should waste no time in doing so."
Couldn't agree more
@KatTimpf
. Hoping
@realDonaldTrump
grants clemency to Matthew Charles and returns him back to his family.
Ugly statistic take two: There are between 1.7 and 2.7 million children with parents who are incarcerated.
When we sentence someone to prison, we think only that person suffers the punishment. But the family left behind suffers too.
Thanks for all the lovely comments about the
@60Minutes
piece and my story. I could have been the hardest working and smartest lawyer ever (which I’m clearly not), and it wouldn’t have mattered had people not given me a second chance. Want others to get that same chance.
Watching politicians, lawyers, and advocates explain why they think Manafort’s sentence was so lenient reminds me that most Americans have no idea how much punishment comes from just one year in an American prison followed by thousands of collateral consequences that never end.
A former prosecutor realizing on camera that being a former prosecutor doesn’t guarantee electability anymore. And the whole “a prosecutor’s job is to do justice” slogan is so worn and untrue. Prosecutors are fallible human beings, with the same failings as everyone else.
Sen Amy Klobuchar responds to new evidence in a murder case she prosecuted years ago as well as to criticism that her tough-on-crime record is alienating some black voters.
#FNS
#FoxNews
When federal judges write about the finality of sentences, I want to throw up. Finality is not the end all be all of sentencing. Sentences that might initially be just can, with time, be overly punitive and cruel and actually decrease public safety. We should reconsider them.
C'mon bar associations. If ever there was a time to reevaluate bar exams and the character and fitness test, it would be in the middle of this pandemic.
See the original US Sentencing Commissioner is retiring. No matter his SCOTUS opinions, I will always remember him as the creator of a Sentencing Guidelines system that helped entrench draconian federal sentences, especially for people convicted of federal drug offenses.
I’ve studied German prisons. Astonishing isn’t the right word, but it’s the first that comes to mind. German prisons are based on principles of rehabilitation, dignity, and normalization. Not punishment. No wonder they are so much more successful than American prisons.
While American prisons are designed to dehumanize, in Germany, incarcerated people enjoy an incredible amount of privacy, autonomy, and freedom of expression.
And it works. Not only is Germany's incarceration rate lower, its recidivism rate is lower too:
Very excited to Facetime soon with my client, Adam Clausen, after he is released from federal prison after serving 20 years, 5 months, and 17 days. But who's counting!!!
#SecondChances
Why are law enforcement policymakers so reluctant to release enough people to make their jails and prisons safe? Maybe they realize that, if enough people are released, it undermines all the reasons why the U.S. nearly leads the world in incarceration rates.
Just did the final edits on my Michigan Law Review piece called "The Misplaced Trust in the DOJ's Expertise on Criminal Justice Policy." The main thrust is that the DOJ opposes all CJ reform, even if its President supports reform. This has happened over several administrations.
Watching people in the criminal justice reform community cheering and celebrating a political enemy going to solitary confinement at Rikers is a sad reminder that no one is immune from the punitive impulse.
Looking forward to the pandemic ending for a number of reasons, not the least of which that I have a small to large anxiety attack every time I have to wear a mask into my Wells Fargo bank. And yes, for the obvious reason!
Heartache: My inbox after 60 Minutes airs. Just read several emails detailing all the intended and collateral damage created by our criminal justice system. People are hurting and have nowhere to turn. And I have nothing to give.
"I never met one person in my 11 years of federal prison who knew how much time they were facing or actually thought about that before they committed the crime."
It's the threat of getting caught (not long sentences) that deters others from crime.
Will be filing a clemency petition to
@realDonaldTrump
on behalf of Matthew Charles and asking the President to commute the sentence to time served. Matthew has already proved worthy of a
#SecondChance
and the President should give him one.
Getting emails from law school students telling me that I created a welcoming space to argue about difficult legal, moral, and justice issues is the best compliment I can receive. If we can’t discuss issues like race, class, and gender in law school, where can we?
An 18-year-old, in the midst of the trauma of losing a beloved brother, rejects punitiveness. Forgiveness is an emotion not evoked enough in American society.
BREAKING: In stunning moment, Botham Jean's brother embraces Amber Guyger after her sentencing for his brother's murder.
"I don't even want you to go to jail. I want the best for you, because I know that's exactly what Botham would want."
If we quit criminalizing so much behavior we don’t like (when the threat of civil penalties will work), we wouldn’t need so many police/citizen encounters.
Damn. Got sworn into DC bar yesterday and arrived for jury duty at 8 am this morning. Almost felt like a full citizen. But I was removed at the first step cause it hasn’t been 10 years since finishing my term of supervised release. Categorically barred from jury duty until 2021.
Almost any lawyer can secure convictions as a federal prosecutor. With 5,000 federal criminal laws at my disposal, I could charge and convict most Americans with multiple offenses. Often, the best lawyering comes from those for whom all the rules are stacked against them.
Libertarians are aligning with leftists to advocate for more defense lawyers on the bench.
In no world is the median defense lawyer of the same credentials as the median prosecutor. Representing drug dealers, gangbangers, and felons in possession of firearms is not a dream job.
Shon Hopwood was serving time for armed bank robbery when he discovered he had a brilliant mind for the law. Steve Kroft reports on an improbable tale of redemption
And people wonder why our recidivism rate is so high. If people coming out of prison can't find work, their reentry is doomed, unless they have friends or family to rely on for support. Very few have that level of support, especially after serving long terms of imprisonment.
Hard to believe that
@AnnMarieHopwood
has served an 11-year sentence of being married to me. NONE of my success after my release would’ve happened without her unconditional love and support. Happy anniversary!
Thank you for the kindness. Didn’t expect to wake up and find that on Twitter this morning. That damn prison system leaves some scars. I feel foolish for showing some of them.
.
@AnnMarieHopwood
graduates from
@CathULaw
with honors today. Very proud of her. Graduating law school while also caring for two kids and one 43-year-old adolescent is quite the accomplishment!
#GraduationDay
The poison of partisan punitiveness: A few weeks ago, many progressives were calling for a longer sentence for Paul Manafort. This week, many conservatives are angry about Jusse Smollett. We are conditioned to think the only way to punish is through long prison sentences.
Just love this⬇️⬇️⬇️ Ricky and I spoke about his future in the law a few weeks ago. I’m incredibly excited to see his life and career unfold. We need more
#SecondChances
for people and
#FIrstStepAct
will provide them.
@RepJeffries
@VanJones68
Meet Ricky, an intern in my office who was incarcerated as a youth and turned his life around. He just graduated from college and is headed to law school in the fall!
#FIRSTSTEPAct
#CriminalJusticeReform
You have no idea what a statement like this means to me. I spend too much of my time trying to work/convince myself that I’m not just a great story, but a good lawyer. So when a lawyer the caliber of a
@KannonShanmugam
says nice things, it really matters. Thank you Kannon.
Great opinion from SCOTUS this morning. Placing someone into a cell covered in feces and raw sewage is an OBVIOUS constitutional violation and prison officials can't hide under the mantle of qualified immunity.
BREAKING: The Supreme Court just ruled that the Texas prison officials who locked Trent Taylor in cells full of feces and raw sewage for six days will NOT receive qualified immunity.
All government officials must be held accountable for violations of human rights and dignity.
A friend of mine emailed me after working at a progressive DA's office for a number of months. This person wants to serve the public and improve the criminal justice system. In sum, this person is in the job for the right reasons. These were his/her conclusions:
I hope that both sides of the aisle realize that criminal justice reform is not the third rail of politics anymore. It should be in both parties' platforms from here forward.
Can’t quite believe we’re at a point where Trump highlighted criminal justice reform and clemency in his ad in the Super Bowl. Not sure what to say other than this shows criminal justice reform can be a winning issue for anyone.
Thread: This case is emblematic of every bad pathology in federal criminal law: An 18-year-old African American defendant sentenced to 21 in federal prison for posting two pictures of himself on Facebook holding a gun and because he is a marijuana user.
One person is released early and commits a new crime, THEREFORE, we must not release anyone from jail or prison no matter how many lives it saves. Very sound logic!
I meet with lots of formerly incarcerated people. The one thing that I consistently see are signs of trauma. People are traumatized after coming out of prison. And we think the recidivism rate is merely tied to bad people doing bad things.
#prisonreform
#secondchances
For the first time, Congress might pass a fully retroactive sentence reduction to those currently in federal prison. That one provision could reduce sentences for the nearly 3,000 prisoners, mostly black men, who received excessive sentences for crack cocaine-related offenses.
Had something unusual happen to me last week. After teaching Crim Pro, a woman served me with a lawsuit at the law school. I don’t know the plaintiff and at no point does he state in the complaint why I am a defendant. Good times!
#Rule12b6
Imagine if we told criminal defendants that, if they accept the assistance of counsel, they will face substantially harsher sentences. Yet this routinely occurs for those who exercise their fundamental constitutional right to a jury trial.
#TrialPenalty
🚨BREAKING: in Maricopa County, Arizona, if people accused of crimes assert their constitutional rights during plea bargaining, prosecutors retaliate with a “substantially harsher” offer--their words, not ours.
Today, we sued to stop it.
@ACLU
@ACLUaz
WATCH:
@DanaPerino
's full interview with the 1st person released under the Step Act Matthew Charles and President of Families Against Mandatory Minimums Kevin Ring.
#DailyBriefing
Excellent opinion highlighting one of the bigger problems at the DOJ: the failure to correct injustices involving people who were overly sentenced, in part, because they did not cooperate and instead exercised their constitutional right to a jury trial.
ED Mich Judge granted a sentencing reduction today to remedy an excessive 107-year sentence based on stacking mandatory minimums, and criticized the U.S. Attorney for continuing to defend the sentence.
Apparently, my memoir has been banned by the Florida Dept. of Corrections. That's a shame. The book could only inspire people in prison to work towards rehabilitation. Guess that's a message that some don't want in prison.
This is a gallery of a mere fraction of the books that Florida prisons have banned, from
@shonhopwood
's memoir of his work as a jailhouse lawyer, to
@StephenAtHome
's satirical "America Again," to a collection of writings by Malcolm X.
#StopDOCcensorship
Yes, I represented or had my hands on many of the clemency recipients last night. I absolutely HATED the process. It was very random. And there weren’t nearly enough grants. For every injustice righted, there were several thousand more that went untouched.
Just got off the plane and learned that the Washington Supreme Court issued an order granting
@TarraSimmons5
the right to take the bar exam. Wow. Stunned. And so incredibly happy for Tarra.
Thoughts on the Biden private prison EO: Less than 9% of the over 151,000 federal prisoners are serving time in a private prison facility. Many private prison facilities have more humane conditions than those at Bureau of Prisons facilities.
New lawyers and students: many of you probably already know this, but I can't tell you how helpful it is when someone emails me to schedule a phone call and then follows up with a calendar invite. Without the invites, I'd be a mess trying to remember all of my calls.
“Sen. Cotton would have us believe that all criminals are incorrigible and efforts to reduce incarceration are folly. This is nonsense. His pessimism about the potential for prisoner rehabilitation ignores the realities of reform.”
Adam Clausen's sentence was effectively reduced by 189 years. And nearly all of my neighbors know about his sentence reduction because I was screaming when I got the order while walking with
@AnnMarieHopwood
around our neighborhood.
Suicide watch usually includes frequent monitoring, sometimes even 24-hour monitoring. And it also includes a bed with no sheets or blankets that can be fashioned into a noose. I don’t know what went wrong, but the FBOP should have to answer for why this happened.
I will be presenting oral argument in the 4th Circuit Court of Appeals on September 27th, in a case where a former sheriff's deputy spoke out about misconduct within a county jail, was fired, and is now bringing a First Amendment retaliation claim.
#QualifiedImmunity
Several criminal justice reform groups are currently recruiting attorneys, social workers, and medical professionals to work on compassionate release motions for those inmates most vulnerable to COVID-19. Go to the link to signup.
@FAMMFoundation
@NACDL
I enjoy Twitter because I learn a great deal from people I follow. Yet I've considerably reduced my time on Twitter the past month, and I feel better about the world and myself as a result. My wife and kids have also appreciated that I'm spending less time on my phone.
Success pushes me to work on
#CJreform
so that others can overcome the stigma and collateral consequences of a felony conviction. It's difficult when you're always judged by your worst actions. It's why I push so hard for legal and cultural change in the criminal justice system.
4. Even cities that elect progressive DA's are still very retributive.
5. Having law enforcement hate your office makes your job 10X more difficult.
6. Everyone loves misusing crime data to advance their agendas.