End the War in Yemen

November 30, 2018

Eight months ago, the Senate voted to table a resolution that would have forced the president to either: a) end United States cooperation with Saudi Arabia’s war in Yemen; or b) submit a formal declaration of war to Congress.

That resolution was tabled by a vote of 55-44.

This Wednesday that same resolution survived a vote to be added to the Senate calendar, 63 to 37. A final vote on the resolution is set for next week. The chance to end the war in Yemen is in sight.

The inhumanity of the war is staggering: since 2015, more than 10,000 civilians have died and 40,000 have been wounded. In an attack just a few months ago, a bomb was dropped on a school bus that killed 40 young boys who were on a school trip and wounded another 56 children.

But what few Americans knew until recently is that the U.S. military has actually been making the crisis worse by helping one side bomb these innocent civilians.

So how did we get entangled in this crisis to begin with?

In March of 2015, Saudi Arabia launched a war against Houthi rebels shortly after the Houthis ousted the Saudi-backed government in the capital city of Sanaa.

The Obama administration, without consulting Congress, quickly authorized U.S. military forces to provide “logistical and intelligence support,” including midair refueling, surveillance, reconnaissance information, and target selection assistance.

In other words, we have been supporting and actively participating in the activities of war.

But Article I, Section 8 of the Constitution states that Congress shall have the power to declare war.

Congress. Not the President, not the Pentagon, not someone else within the Executive branch, but Congress. The Founders could not have been clearer about this.

And they did so with good reason: the Founders set up our system of government in such a way as to protect the people from excessive concentration of power in the hands of the few. We know from experience under British rule that bad things happen, especially at the national level, when too few people exercise too much power. And nowhere is this more evident than in the power to declare war.

So the Founders placed the war power squarely in the legislative branch: the branch where honest, open, and public debate is supposed to happen; and the branch that is held most accountable to the people through elections at the most regular intervals.

As Alexander Hamilton points out in Federalist Paper 69, this power would not be exercised by the executive branch so as to make it less likely to be abused, like it was when the King of England acted in and of himself to send his country – and ours, for that matter – to war.

The situation in Yemen now poses a true humanitarian crisis. The country is on the brink of rampant disease and mass starvation: an estimated 15 million people don’t have access to clean water and sanitation; and 17 million don’t have access to food. More innocent lives are being lost by the day.

My position on this has not changed for the past eight months. But with the taking of another innocent life, that of American resident Jamal Khashoggi, the circumstances have only further deteriorated.

Intelligence suggests that, despite his repeated denials, the Crown Prince of Saudi Arabia himself ordered the murder. Saudi Arabia’s moral depravity has only been made plainer.

This is not an ally that deserves our support or military intervention, especially when our own security is not on the line. On the contrary, to continue supporting them in this war would be bad diplomacy and undermine our very credibility.

U.S. intervention in Yemen is unauthorized, unconstitutional, and immoral. And we must not – we cannot – delay voting to end our involvement and our support of Saudi Arabia any further.

We owe it to the American people who put their sons and daughters in harm’s way to defend us; we owe it to their parents and families; and we owe it to ourselves, who have taken an oath to uphold, protect, and defend the Constitution of the United States

Time for Senate to Act on Criminal Justice Reform

November 16, 2018

It is not every day that Democrats and Republicans are able to work together in Washington to produce legislation that makes Americans safer, strengthens American families, all while shrinking the federal government. But that is what happened this week when President Trump endorsed the First Step Act, a House passed prison reform bill that, thanks to a bipartisan group of senators, now contains much needed sentencing reforms too.

“Americans from across the political spectrum can unite around prison reform legislation that will reduce crime while giving our fellow citizens a chance at redemption,” President Trump said Wednesday from the White House. “Today’s announcement shows that true bipartisanship is possible.”

The compromise legislation does not contain everything that many in the criminal justice reform movement want, but it is a huge improvement over the current system and includes the following provisions:
- Incentivizes participation in evidence-based recidivism reduction programs by allowing prisoners to earn time credits for prerelease custody.
- Excludes violent, high-risk, and sexual offenders from the prerelease custody program.
- Mandates that inmates be incarcerated no more than 500 miles from their primary residence so their families can visit more often
- Forbids the use of restraints on pregnant inmates.
- Gives judges the power to reduce overly punitive mandatory minimum sentences for non-violent drug offenses.
- Applies current law equally to all those convicted of cocaine and crack offenses regardless of when they were convicted.

These are all commonsense reform measures that have won the support of key law enforcement organizations like the Fraternal Order of Police, the National District Attorneys Association, and the International Association of Chiefs of Police.

Passing these reforms would be a huge win for the American people.

But the American people haven’t won yet.

First, the legislation must be put on the Senate floor where it would easily get 60 votes to pass. Unfortunately, those in charge of the Senate schedule are refusing to give the bill a vote.

Before this November’s election, there was a promise to bring the bill to the floor if a whip check found there were 60 votes for the bill. But now we are told even if the votes are there, there is not time to vote on criminal justice reform.

But nothing new has come up between the time these two statements were made. The Senate has the exact same to do list today that it did back in October. There is plenty of time to get criminal justice reform done. It just needs to be put on the Senate floor.

If some senators oppose this legislation, if they disagree with President Trump about how best to keep Americans safe, then they should welcome the opportunity to make their case publicly on the Senate floor. They should welcome the opportunity to offer amendments or vote the bill down.

But to deny this bill a vote, a bipartisan bill fully endorsed by President Trump, would be a huge loss for the president, for the Senate, and for the nation.

Families and communities desperately need these reforms and have had their liberty restricted in the most severe way. Are we really going to look them in the eye and tell them “we don’t have time,” when we know we do?

A Community Based Response to the Opioid Crisis

September 21, 2018

No state has been spared from the scourge of the opioid epidemic. In 2016 alone, 42,000 Americans died due to opioid-related overdoses– or about 115 Americans per day.

Our state of Utah has also been badly hit: nearly 6 Utahns die per week from opioid-related overdoses and three rural Utah counties were identified recently by the U.S. Department of Agriculture as being among the most vulnerable nationwide.

We cannot let this tragic epidemic continue without a fight. And thankfully, Utahns have already been stepping up to the plate.

For years, groups like the Utah Coalition for Opioid Overdose Prevention and the Utah Department of Health have worked diligently to combat this crisis. And since last year, Utah Attorney General Sean Reyes and DEA District Agent Brian Besser have complemented their efforts by forming the Utah Opioid Task Force, which I have been honored to serve on as Co-Chair.

Task Force Members have traveled across the state educating citizens on the perils of opioid dependency and the importance of treating addiction as a disease. They have promoted Naloxone use by first responders, a powerful medication that can often reverse an opioid overdose. They have backed successful DEA and attorney general prosecutions of drug cartel players, and supported various treatment and recovery services.

Furthermore, the Task Force also has worked with physicians to change prescribing practices. As a result, opioid prescriptions have been on the decline.

These initiatives have yielded real results around our state. Similar efforts can work in every state in the union, if given time and space to tailor themselves to specific local needs. But just as we know the opioids crisis has many sources, we know it’s going to have at least as many solutions.

And we also know – from common sense and hard experience – that unaccountable federal grant programs aren’t going to help. Unfortunately, the opioid legislation recently passed in Washington features just that: dozens of grant programs with little accountability for how these dollars will be spent and minimal measurement of their effectiveness.

To be sure, I am not opposed to the entirety of the bill. There are some good measures that could produce real results. For example:

The bill strengthens the Customs and Border Protection’s authority to discover and destroy packages containing illegal controlled substances;

It establishes a system to identify and stop suspicious orders of opioids from drug manufacturers and distributors;

And it requires the FDA to review challenges and barriers of developing non-addictive pain medications, and to update its processes to ensure it is capable of assessing the safety and effectiveness of novel drugs before approving them.

Unfortunately, these measures did not come to the Senate floor for us to consider individually. Instead, they were lumped together with dozens of other bills in this 350-page package. And each Senator was forced to either support or oppose the entire package.

It is crucial to recognize that there is no single opioids crisis. There are dozens. There is a rural crisis, and an urban one that is different. There is a crisis hitting poorly educated Americans and one hitting the highly educated. There’s one that’s hitting adults, and another that’s hitting kids.

And all of these vary by region. In some states overdoses are caused more by prescription drugs, while in others they are caused more from illicit drugs like fentanyl. In some cases, deaths are caused primarily from a combination of drugs.

As findings from the Social Capital Project at the Joint Economic Committee show, there is also a strong social component to this crisis. Individuals who either never married or are divorced—and especially those with only a high school education—represent a higher share of those who have died from opioid-related causes.

These factors cannot be ignored. We must find ways to reach these individuals and reintegrate them into our communities.

Utah’s efforts and results are reason to hope. Our state was one of just 14 where opioid deaths actually fell last year.

We need to continue this local focus here in Utah – where we can best tailor our solutions and effectively reach people succumbing to the grip of the opioid crisis. American lives depend upon it.

States Don't Need Federal Health Care Regulation

September 14, 2018

Americans know all too well the crippling costs of healthcare today. On top of the daily struggles of ordinary families to put food on the table, skyrocketing costs of prescription drugs are getting harder and harder to meet.

And pharmacist “gag rules” are only making it worse.

These contract clauses between pharmacies on one side and insurers and pharmacy benefit managers on the other, prevent pharmacists from telling customers they could save money on prescriptions by paying with cash instead of using insurance. Pharmacists are actually prohibited from helping their customers get the best price for their medications.

According to a recent study, about 23% of all drug claims in 2013 involved overpayments, amounting to more than $135 million.

And who pockets those extra dollars? The insurers or benefit managers – in other words, the pharma middlemen.

This is undoubtedly a problem. It is only further evidence of our broken drug pricing system unnecessarily hurting the American people.

And we can all agree that this problem must be fixed. What I believe we must consider, however, is how to best address the problem, who is best equipped to do so, and whether it has already been fixed.

Senator Collins recently introduced a bill which mandates that gag clauses be prohibited under all health insurance plans, including individual and group plans that are administered by states.

The federal government can and should prohibit gag clauses in the plans that it administers. But it cannot and should not intervene in plans that it does not.

Many states have already made great progress on this issue. 26 states have already passed laws banning gag rules, and another 11 states are currently in the process of trying to pass them.

And we ought to leave space for them to do so.

Some have suggested that this state action and increased attention to the cost of prescription drugs has more or less solved this problem and greatly limited the use of gag clauses already. It’s notable that the previously referenced study – the only data we have on this issue – looked at practices from five years ago. The states more directly witnessed this problem, and since then were able to nimbly and capably fix it.

However, even if gag clauses are still in use, we must recognize that it is not the role of the federal government to regulate entities under the jurisdiction of the states. However well-intentioned, when Congress oversteps its authority like this, we usually end up doing more harm than good.

This Monday Congress will vote on a bill that would ban gag rule contracts nationwide. This is a step too far. States are already solving this problem on their own. That is why I will offer an amendment that would narrow the scope of the legislation to its proper scope. Instead of the bill applying to all health plans, my amendment would limit its application to only self-insured group plans, which Congress previously exempted from state regulation. This would close a loophole where states are unable to reach to provide Americans additional transparency surrounding the cost of their prescription drugs.

While the overall goal of the underlying bill is laudable, we must remember that it is neither the role nor the duty of the federal government to regulate all aspects of commerce and Americans’ everyday lives.

The way to help ordinary Americans with high drug costs is not to further cede power to Washington. The federal government’s intervention in healthcare has already caused huge distortions in the market, for which Americans pay a steeper price every year.

If we truly want to protect the American people from abuses like gag rules, we should fight to preserve federalism and the vision of our Constitution – so that states are empowered to directly and efficiently protect their citizens from the injustices they face.

Desperate Democrats Fail to Derail Kavanaugh Confirmation

September 7, 2018

By the end of this month, DC Circuit Court of Appeals Judge Brett Kavanaugh is going to be Supreme Court Justice Brett Kavanaugh. Senate Democrats are not happy about this fact and they did everything they could to stop Judge Kavanaugh’s confirmation process this week.

But Judge Kavanaugh is so well qualified (he received the American Bar Association’s top for the Court) and he has such a clear track record of judicial independence (he ruled against the Bush administration 8 times in the first two years after President Bush appointed him to the DC Circuit) that desperate Democrats had little real ammunition. So, they made stuff up.

In her opening statement, ranking member of the Senate Judiciary Committee Sen. Dianne Feinstein (D-CA) claimed that “deaths from illegal abortions in this country ran between 200,000 and 1.2 million” a year. But that is just false. According to the Guttmacher Institute, which is where Feinstein claimed she got her facts, there were under 200 deaths from illegal abortions in 1965. The 1.2 million number was the total number of illegal abortions. Quite a big difference.

Despite missing her abortion death number by a factor of 1000, Feinstein wasn’t done fumbling the truth. She then asserted that “hundreds” of school shootings had taken place with assault weapons. As The Washington Post later noted, this is completely false. Only a few school shootings have been conducted with so-called “assault weapons” – most have been committed using common shotguns, hunting rifles, and hand guns.

Neither of these policy points should have anything to do with how Judge Kavanaugh approaches the legal issues presented to a court, but Democrats could at least try and get their facts right when arguing that courts should be setting social policy for the nation.

Sen. Cory Booker (D-NJ) did not land any of the punches he threw at Kavanaugh either. His main line of attack stemmed from the Democrats unprecedented request for all documents Kavanaugh touched while serving as President Bush’s White House Staff Secretary. When President Obama nominated Justice Elena Kagan to the Court, Senate Republicans did request all documents from her time as Deputy Assistant to the President for Domestic Policy to President Clinton. And the Clinton Presidential Library did give those documents to the Senate.

But Republicans did not request any of the documents from Kagan’s time as President Obama’s Solicitor General. They knew those documents were privileged. Democrats, however, asked for all of Kavanaugh’s documents from President Bush’s White House and, pursuant to the Presidential Records Act, President Bush did assert executive privilege over many of those documents. President Bush’s appointed lawyer ended up marking some of the documents as “confidential” which meant senators could see them but the documents could not be made public.

Sen. Booker then claimed he had a confidential email from Judge Kavanaugh titled “racial profiling” and asked, “It seems that you are O.K. with using race to single out some Americans for extra security measures because they look different, but you’re not O.K. with using race to help promote diversity.”

But when President Bush’s lawyer later said the Judiciary Committee could make that email public, it turned out that Judge Kavanaugh had been arguing against using racial profiling against Muslims in the wake of 9/11. Turns out Kavanaugh was against using race to single out some Americans all along!

Sen. Kamala Harris (D-CA) also played a little game of hide the ball, asking Kavanaugh if he had ever had a conversation about Special Counsel Robert Mueller’s investigation with anybody at the law firm of Kasowitz Benson & Torres. When Kavanaugh admitted he did know everyone at the firm and asked her to identify which specific lawyer she was talking about, Harris declined, demanding, “I'm asking you a very direct question. Yes or no?” Kavanaugh then admitted he couldn’t answer since he didn’t know everyone at the firm.

Harris later told reporters that “I have good reason to believe there was a conversation,” and that, “information that I’ve received is reliable and I asked him a clear question and he couldn’t give a clear answer.” But Harris then completely failed to provide any such information or evidence. She had nothing all along.

Why would Democrats go through such embarrassing lengths to stop Kavanaugh?

Because too many judges have become far too willing to interpret the law based on their policy preferences, not what the law actually says. We need judges that respect the founding principles of federalism and separation of powers. Because if judges were to rediscover these principles, then the Supreme Court would not be as powerful as it is today, and out nation would be less divisive.

Judge Kavanaugh has a proven track record of upholding these principles and that is why he will soon be Justice Kavanaugh.

A Big Step Forward for Criminal Justice Reform

August 24, 2018

We’ve known for months that criminal justice reform has the votes to become President Trump’s first major bipartisan accomplishment. All it needs is time on the Senate floor for amendments and a final vote.

And this week we got word that that floor time will come. We just have to wait until this November’s midterm elections.

After a meeting at the White House to discuss the administration’s position on possible reforms, Senior Presidential Advisor Jared Kushner came to the Capitol to brief Majority Leader Mitch McConnell (R-KY), Judiciary Committee Chairman Chuck Grassley (R-IA), Majority Whip John Cornyn (R-TX), and me and to discuss a possible timeline for such a bill to reach the floor.

We emerged from these meetings with a consensus on what a reform package should look like and an agreement that the bill would see a vote sometime after the midterm elections.

The main body of bill we agreed to looks a lot like the First Step Act that the House passed with overwhelming support – 226 in favor to 134 against – and four important sentencing reforms added in.

There is a small minority who believe we can incarcerate our way out of any social problem, but the damage that draconian mandatory minimum sentences have done to families and communities has become just too apparent. The time for reform has come.

Big conservative states like Texas, South Carolina, Georgia, and my own state of Utah have all passed similar criminal justice reform legislation. And it is already working. In all four states, crime rates and incarceration rates are down. This means fewer victims and fewer ruined lives.

Justice, by its very nature, requires balance. Justice cannot be served if the punishment does not fit the crime, especially when the punishment imposed by the state results in fractured ties to the outside world and reinforced connections to the criminal world.

Justice was not served in the case of Weldon Angelos, who was convicted for selling three dime bags of pot during a 24-hour period of time and having a gun on him when arrested.

No one argues that Weldon was innocent; he undeniably committed a crime when he sold marijuana. However, even the judge who was forced to impose the 55-year mandatory minimum prison term required for this non-violent drug offense felt that this sentence was unjust.

That is why the four sentencing reforms attached to this possible bill are so important. They would address many of the issues that mandate overly harsh sentences to be imposed.

This would be done by changing some legal definitions regarding what makes someone a repeat offender, loosening the requirements of the current “point” system, and lowering the low-end of mandatory minimums.

That does not mean that a person committing a crime would automatically get a shorter sentence than they would under current sentencing laws. It does, however, mean that a judge would have more discretion when deciding what sentence to impose, making cases like Weldon’s much less likely.

Our country is facing an almost epidemic uptick in illegal drug use. Criminal justice reform opponents would have us believe the best way to address this is to make mandatory minimums higher, stricter, and to pack our prisons with low-level, nonviolent drug offenders and throw away the key.

But that does not address this issue head on, provides no added closure to the victims, and would result in the loss of human capital, both of those convicted and the shattered families they would leave behind.

Yes, people found guilty should be punished for their crimes, but not in a way that reinforces and oftentimes encourages repeated deviant behavior.

These reforms have worked on a state level, and it is past time to pass them on the federal level. President Trump can now succeed where President Obama failed. This can be a huge bipartisan win for his administration, but most importantly, it will be a win for the American people we are charged to protect.

Welfare Reform Worked. Let’s Stop Undermining It

August 3, 2018

True bipartisan public policy reform is rare these days. Successful public policy reform is even rarer. But that is exactly what happened in 1996 when a Republican House, a Republican Senate, and a Democratic President fought through a toxic partisan political environment to pass a historic realignment of the American welfare state.

At the time, President Clinton called the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, “the end of welfare as we know it.” And the legislation was a sea change in American welfare policy. No longer would the Aid to Families with Dependent Children program guarantee a check each month with no strings attached. Instead, most welfare recipients would be expected to work, or participate in job training programs, after two years of receiving benefits.

At the time, many on the left predicted these new work requirements would be Armageddon for struggling families. Sen. Patrick Moynihan (R-NY) predicted we would “find children sleeping on grates, picked up in the morning frozen.” Sen. Frank Lautenberg (D-NJ) said we would see “children begging for money, children begging for food, eight- and nine-year old prostitutes.” And Sen. Ted Kennedy (D-MA) called the bill “legislative child abuse.”

But guess what? The left was wrong.

Between 1996 and 2000 single-mother welfare caseloads fell by 53 percent, their employment rate increased by 10 percentage points, and their poverty rate fell by 10 percent. And the consumption-based poverty rate among single parent families has continued to fall since then: from 23 percent in 1995, to 15 percent in 2000, to 9 percent in 2010.

Unfortunately, some on the left have never accepted the reality of welfare reform. To this day they continue to deny the ability of work requirements to move struggling families out of dependence and into the workforce. Fortunately these activists have failed to undo the changes made to federal cash-assistance programs made in 1996.

But they have managed to undermine the success of welfare reform in other ways.

Medicaid used to be a narrowly targeted program designed to provide health care for only our most vulnerable populations including individuals with disabilities, low-income children, pregnant women, and seniors. But due to a number of expansions, Obamacare’s Medicaid expansion being the biggest, Medicaid is now a broad-based welfare program. In 1969 just 6 percent of Americans were on Medicaid. Today 22 percent of Americans use the program.

Food stamps have also seen a similar transformation from a cyclical program providing temporary relief during rough economic times, to a way of life for far too many Americans. Technically referred to as the Supplemental Nutritional Assistance Program, SNAP’s participation rate used to rise during recessions and then quickly fall after. But due to expanded eligibility rules passed during the Great Recession, that didn’t happen this time. A full nine years after the recession ended in 2009, the proportion of the U.S. population receiving SNAP is 48 percent higher now than when the recession began in 2007.

By expanding non-cash welfare programs like Medicaid and SNAP far beyond their original intended scope, the left has accomplished an end run around the ground breaking successful work requirement reforms made to cash welfare programs in 1996.

It is not surprising that this increase in non-cash welfare dependence coincided with a drop in labor force participation among working-age adults. Between 2000 and 2017 the overall labor force participation rate among working age adults fell from 77.6 to 74.2 percent.

America works better when Americans are working. We need to reverse the recent trend in falling labor force participation by applying the same work requirements that worked for cash-welfare programs to non-cash welfare programs.

Families do better when they move from dependence to self-sufficiency. And we as law makers should do everything we can to make sure our safety net programs are designed to make that happen.

Make the Rich Insure Their Own Beach Homes

July 27, 2018

The National Flood Insurance Program is in desperate need of reform. It creates a government monopoly to insure some of the most expensive real estate in the world. These are homes and home-owners that the private sector should be falling all over itself to insure.


Yet somehow the federal government’s answer to private insurance is loses money. A lot of money. The NFIP is currently $20 billion in debt, even after receiving a $16 billion bailout just a few months ago.

How did this happen?

The answer is that like most inexplicably durable federal programs, NFIP quietly serves the interests of the well-to-do at the expense of working- and middle-class families.

Proponents of the program would have us believe that NFIP is essential to protecting innocent victims who just happen to live in low-lying communities and can’t afford flood insurance.

But this argument is absurd. First of all, if home-owners can’t afford to insure their homes, then in reality they can’t afford their homes.

Second, many of the areas Washington calls “flood plains” are really just “property near water.” Residences there are expensive for lots of reasons, but any realtor can tell you the biggest one is “location, location, location.”

These homes are expensive because lots of people want to live there, among them wealthy people who bid up the price.

There are, of course, worthy and sympathetic beneficiaries of NFIP, as there are for every government program. But in the aggregate, the NFIP simply redistributes money from non-wealthy people to wealthy people, and to believe otherwise is to indulge in what might be called actuarial science-denial.

Sens. Dean Heller (R-NV) and Jon Tester (D-MT) have a bill that would allow private insurers to compete with NFIP. I support their bill, and can cite Utah’s successful embrace of private flood insurance as strong evidence in its favor.

And Sens. Mike Crapo (R-ID) and Sherrod Brown (D-OH) have a bill that would improve flood mapping and insist on “community preparation” for flooding as a condition of eligibility for NFIP coverage.

This is not too much for the American people to ask – either of their affluent, flood-prone neighbors, or of their sworn representatives in Congress.

This week I offered an amendment that would cap eligibility for NFIP insurance at homes worth $2.5 million. Anything under that, home owners can still enjoy their cut-rate premiums. But taxpayers should not pay any amount of coverage for the top 1% that can afford a $2.5 million-dollar beach home.

With the stock market near all-time highs, with a corporate tax cut driving up profits, it’s an eminently reasonable time to ask multi-millionaires to insure their beach houses without the welfare assistance of hardworking taxpayers who make a fraction of their income.

Unfortunately this amendment did not get a vote and a straight four-month reauthorization of the program, without any reforms, is set to pass Monday.

But this is not a fight we can just give up. I will continue to fight to end taxpayer bailouts for millionaire beach homes this November. And I hope you and your representatives in Washington will join me.

A Story Everyone Needs to Share

July 20, 2018

It is one thing to understand a public policy issue abstractly. It is quite another to see up close how those same policies affect the lives of real Americans.

That is why it is so important for everyone to see the upcoming documentary, “The Sentence,” a movie about the human costs of mandatory minimum sentencing laws, which I had the honor of co-hosting this week with Sen. Cory Booker (D-NJ).

The movie tells the story of Cindy Shank, a mother of three who was convicted on four drug charges in 2008.

Her troubles began in the late 1990s, when Cindy’s then-boyfriend began dealing drugs. In 2002, this same man was murdered outside the home they were sharing in East Lansing, Michigan. As police investigated the murder, they discovered that Cindy’s boyfriend ran a large drug conspiracy and that while living with Cindy assisted her boyfriend by counting money and receiving drug shipments at their home. After her boyfriend’s death, Cindy managed to turn her life around. She got married and started a family. She began raising three wonderful daughters.

Five years later, police came knocking on her door. Prosecutors sought to punish Cindy to the maximum extent allowable by federal law, asking the judge for 89 years in jail. The judge thought the prosecutor’s request was unfair and unjust, and wanted to give Cindy as little jail as possible. Unfortunately, due to mandatory minimum sentencing laws passed by Congress, 15 years was the shortest sentence the judge could give. His hands were tied.

Cindy’s youngest daughter was less than six-months old at the time. Her middle daughter was two. Her eldest was four. Their mother had done nothing wrong during their entire lifetimes and was remarkably reformed, but now they were all about to be punished for the rest of their lives.

“The Sentence” chronicles that punishment. It puts very real human faces on the damage done to families and communities by excessively punitive mandatory minimum sentences.

Our country needs strong drug laws. We need to punish offenders that prey on our community. But we also need smart drug laws that distinguish between major and minor offenders. We need fair drug laws that the public believes in and supports. Because without that support, without that belief in the system’s legitimacy, unfair mandatory minimum sentencing laws do more harm than good.

Fortunately this is a problem Congress can fix. Excessively punitive mandatory minimum sentencing laws were created by Congress and they can be undone by Congress. The Senate already has several pieces of legislation begin to address this the problem. Earlier this year, the Judiciary Committee overwhelmingly reported the Sentencing Reform and Corrections Act to the floor, where it awaits a vote. Alternatively – and perhaps more realistically – we can add sentencing provisions to the First Step Act. Doing so would offer a serious opportunity to enact a criminal justice reform bill and enable us to get a bill to the President Trump’s desk this year.

But we need your help. Please share this trailer to The Sentence. Please go see this movie when it is released in October. And please tell your friends and family to do the same.

Sharing the Defense Burden

July 13, 2018

President Trump may have offended some of our allies this week when he delivered a stern message reminding them of their unmet defense spending promises, but it was not a message they haven’t head before.

"If we’ve got collective defense,” then-President Obama said at a 2014 NATO press conference in Brussels, “it means that everybody’s got to chip in, and I have had some concerns about a diminished level of defense spending among some of our partners in NATO. Not all, but many.”

President Obama’s concern for low levels of European defense spending is well founded.

When NATO was established in 1948, the U.S. was concerned that many European democracies were too militarily weak to protect themselves from U.S.S.R. encroachment. An alliance against a common enemy seemed the best option for defense while allowing European economies and militaries to rebuild after World War II. The U.S. may not have been immediately threatened with invasion of the homeland but we saw an opportunity to hedge Soviet expansion.

The alliance has been spectacularly successful, but the world has changed a lot over the past 70 years. Europe has been rebuilt. NATO has added allies. The U.S.S.R. fell, global terrorism burgeoned as an imminent threat, and Russia, while again a threat, learned new tricks.

What hasn’t changed is the U.S. continuing to bear the greatest brunt of NATO’s financial burden.

At present, only 5 out of 28 NATO countries meet the 2 percent of GDP defense spending level that they all agreed to 4 years ago. By contrast, the U.S.’s defense spending sits around 3.5 percent of GDP.

This is simply not acceptable. Alliances are built on trust. And our trust is undermined when our allies fail to meet their defense spending promises.

We need a better picture of what our allies defensive capabilities really are. That is why I introduced the Allied Burden Sharing Report Act of 2018 this week.

While the percentage of GDP spent on defense is a relatively easy metric to find, and it does help us get a sense of a country’s military readiness, it is an imperfect measure. What is less readily available is what our allies are spending that defense money on. Is it going to tanks and planes, or military pensions?

This bill seeks to remedy that by requiring the Department of Defense to resume compiling and submitting an extensive report that includes the common defense contributions of NATO countries and our other allies.

A report of this kind was originally ordered in the 1985 National Defense Authorization Act, and continued in some form until 2004, when Pentagon officials decided to shift their focus to our allies’ contributions to the Global War on Terror. However, as the geopolitical climate has once against shifted, it is time to pass this bill and bring back the report.

If we are to continue entering into and maintaining alliances to protect others from near-peer countries like Russia and China, it is essential we have a global, holistic view of our allies’ contributions.