MSNBC "All in with Chris Hayes" - Transcript: Interview with Rep. Hakeem Jeffries

Interview

Date: Dec. 19, 2018

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HAYES: Some rare good news out of Washington, a pretty decent piece of  legislation passed with broad bipartisan support, and is now going to be  signed by President Donald Trump. It`s called the First Step Act, which  targets federal mass incarceration and excessively long prison sentences.  The final Senate vote was 87-12. It`s expected to easily pass in the  House, which has previously passed a similar bill.

It`s the beginning of a corrective to the kind of tough on crime mentality  and policy that was pushed to the extreme in the `70s, `80s, `90s, all the  way through today. The law would modify sentencing laws and make thousands  of inmates eligible for early release or reduction in their sentence, it  also expands job training and other programs to help prisoners reenter  society.

The bill passed thanks to an unlikely coalition of criminal justice  reformers, progressive Democrats and the conservative senators and  advocates as varied as the NAACP, the Koch Brothers, and Kim Kardashian.
It was also pushed by a guy in the White House who knows something about  the criminal justice system, thanks to his incarcerated father -- or once  incarcerated father, Jared Kushner, who is senior adviser to the president.

Joining me how, Congressman Hakeem Jeffries from New York who originally  co-sponsored the measure on the House side.

Congressman, a lot of people are scratching their heads, how could  something decent come out of this congress? What is your answer to them?

REP. HAKEEM JEFFRIES, (D) NEW YORK: Well, sometimes good things do happen  here in Washington, D.C. And it`s been a phenomenal journey, a coalition  of the unusual suspects, Democrats and Republicans, progressives and  conservatives, people on the left and on the  right, the ACLU on the one hand, the Koch Brothers on the other, all  working in partnership with the Trump administration, led by Jared Kushner,  as you`ve pointed out.

I think what it boils down to is that there is now a consensus recognition  amongst a wide variety of folks that the war on drugs has been a failure.  We have an overcriminalization problem in America and a mass incarceration  epidemic where we have 5 percent of the world`s population, and 25 percent  of the world`s incarcerated individuals.

As you know, Chris, we incarcerate more people in this nation, 2.2 million,  than any other country in the world. That`s outrageous, that`s a scandal,  and finally congress is doing something about it.

HAYES: So, what they`re doing, though, in terms of the scale that your  talking about, the vast majority of people behind bars in the U.S. are in  state prisons, right. The federal prison is a fairly small  part of that. And the number of people that are going to be directly  affected this is still yet a fraction of this. Like, basically what do you  say to people this is a drop in the bucket?

JEFFRIES: It`s the end to mass incarceration, it`s an epidemic that has  been with us for almost  50 years. The failed war on drugs began in 1971. It`s going to take more  than a single legislative magic wand to wipe it away, but you have to start  somewhere. And this is the first step toward dealing with  over
criminalization in America. We`re investing about $325 million over a five-year period of time to make sure that currently incarcerated individuals can get the education, the job training, the substance abuse treatment, the mental health counseling to successfully reenter society, dramatically reduce recidivism, and save taxpayer dollars.

Also, as you pointed out, on the sentencing side, we`ve got substantial  reforms that will roll back some of the regressive, tough on crime laws  that were first put into place in the `80s and `90s during the height of  the crack cocaine epidemic, and make some relief retroactive, so that  people  who are in prison on unjust sentences will be able to get out.

HAYES: So, the scope of the retroactive relief, my understanding is there  was previous iterations of this bill under the Obama administration that  did not get very far, that had a broader scope in terms of the  retroactivity and that`s smaller under this. What kind of numbers are we  talking about with this legislation?

JEFFRIES: Well, the federal system right now is about 180,000 folks who  are currently behind bars. We`re talking about thousands of people that we  believe will be impacted immediately as a result of the passage, and tens  of thousands of folks that will be impacted in a positive way moving  forward over time.

In terms of the specific retroactive application, in 2010, congress, under  the leadership of Bobby Scott, passed the Fair Sentencing Act, which  reduced the crack cocaine/powder cocaine disparity from 100-1, which was  morally outrageous and not justifiable, to 18-1. But because Jeff Sessions  and the Senate blocked it from being retroactive, that provision was not  included in the 2010 Fair Sentencing Act.

The 2018 version of the First Step Act will make the Fair Sentencing Act  retroactive so that the people who are impacted by these unjust crack  cocaine sentencing laws will finally get some relief.

HAYES: What is your theory about why Donald Trump, with the world view he  has, and the politics he has, and the rhetoric he uses to talk about  criminals, and law and order, is going to sign this piece of legislation?

JEFFRIES: That`s a great question I get asked a lot about it. And when I  was initially on this  journey, I had to be convinced first that Jared Kushner was authentically  committed to dealing with this issue. First, prison reform, and over time,  sentencing reform, as well. And in working with him, along  with tremendous leadership from the chair of the Congressional Black  Caucus, Cedric Richmond, I think we both concluded that there was an  authentic commitment within the administration to deal with  overcriminalization within America. Donald Trump would ultimately have to  be convinced of that. Jared Kushner was an ally in that regard.

But also more importantly, prior to Trump coming to town, you had the Koch  Brothers and the Heritage Foundation and Grover Norquist and Newt Gingrich  and the religious right, a wide variety of people, who were working with  individuals like Doug Collins to lay the foundation to get something down.

HAYES: All right, Congressman Hakeem Jeffries, thank you.

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