In a memo to staff, Attorney General Jeff Sessions has ordered federal prosecutors to “charge and pursue the most serious, readily provable offense” â€” a move that marks a significant reversal of Obama-era policies on low-level drug crimes. […]
Holder had asked prosecutors to avoid slapping nonviolent drug offenders with crimes that carried mandatory minimum sentences â€” which, as NPR’s Tamara Keith explains, “give judges and prosecutors little discretion over the length of a prison term if a suspect is convicted.” Holder’s recommendation had been aimed partly at helping reduce burgeoning prison populations in the U.S. […]
Tamara notes this marks a return to the “tough-on-crime philosophy of the 1990s.”
Here’s some text from the May 10 Sessions memo
First, it is a core principle that prosecutors should charge and pursue the most serious, readily provable offense. This policy affirms our responsibility to enforce the law, is moral and just, and produces consistency. This policy fully utilizes the tools Congress has given us. By definition, the most serious offenses are those that carry the most substantial guidelines sentence, including mandatory minimum sentences.
There will be circumstances in which good judgment would lead a prosecutor to conclude that a strict application of the above charging policy is not warranted. In that case, prosecutors should carefully consider whether an exception may be justified. Consistent with longstanding Department of Justice policy, any decision to vary from the policy must be approved by a United States Attorney or Assistant Attorney General, or a supervisor designated by the United States Attorney or Assistant Attorney General, and the reasons must be documented in the file. […]
Any inconsistent previous policy of the Department of Justice relating to these matters is rescinded, effective today.