How congress can restore justice through judicial discretion

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As the nation soaks in the victory of the recent passing of the historic First Step Act, there are Congressmen who haven't stopped working to solve additional problems with the criminal justice system. Because while the Act was impactful, leading to the well-deserved early release of many incarcerated individuals, it didn't go far enough. That's why four Congressmen have joined forces to reintroduce the Justice Safety Valve Act—legislation that would grant judges judicial discretion when determining appropriate sentencing.

There's a real need for this legislation since it's no secret that lawmakers don't always get it right. They may pass laws with good intentions, but unintended consequences often prevail. For example, there was a time when the nation believed the best way to penalize lawbreakers was to be tough on crime, leading to sweeping mandatory minimum sentencing laws implemented both nationally and statewide.

RELATED: If Trump can support criminal justice reform, so can everyone else

Only in recent years have governments learned that these sentences aren't good policy for the defendant or even the public. Mandatory minimum sentences are often overly harsh, don't act as a public deterrent for crime, and are extremely costly to taxpayers. These laws tie judges' hands, preventing them from using their knowledge and understanding of the law to make case relevant decisions.

Because legislation surrounding criminal law is often very touchy and difficult to change (especially on the federal level, where bills can take multiple years to pass) mandatory minimum sentences are far from being done away with—despite the data-driven discoveries of their downfalls. But in order to solve the problems inherent within all of the different laws imposing sentencing lengths, Congress needs to pass the Justice Safety Valve Act now. Ensuring its passing would allow judges to use discretion while sentencing, rather than forcing them to continue issuing indiscriminate sentences no matter the unique facts of the case.

Rather than take years to go back and try to fix every single mandatory minimum law that has been federally passed, moving this single piece of legislation forward is the best way to ensure judges can apply their judgment in every appropriate case.

When someone is facing numerous charges from a single incident, mandatory minimum sentencing laws stack atop one another, resulting in an extremely lengthy sentence that may not be just. Such high sentences may even be violations of an individual's eighth amendment rights, what with the imposition of cruel and unusual punishment. It's exactly what happened with Weldon Angelos.

In Salt Lake City in 2002, Weldon sold half a pound of marijuana to federal agents on two separate occasions. Unbeknownst to Weldon, the police had targeted him because they suspected he was a part of a gang and trafficking operation. They were oh-so-wrong. Weldon had never sold marijuana before and only did this time because he was pressured by the agents to find marijuana for them. He figured a couple lowkey sales could help out his family's financial situation. But Weldon was caught and sentenced to a mandatory 55 years in prison. This massive sentence is clearly unjust for a first time, non-violent crime, and even the Judge, Paul Cassell, agreed. Judge Cassell did everything he could to reduce the sentence, but, due to federal law, it wasn't much.

The nation is facing an over-criminalization problem that costs taxpayers millions and amounts to the foolish eradication of individual liberties.

In cases like Weldon's, a safety valve for discretionary power is much needed. Judges need the ability to issue sentences below the mandatory minimums, depending on mitigating factors such as mental health, provocation, or physical illness. That's what this new bill would allow for. Critics may argue that this gives judges too much power, but under the bill, judges must first make a finding on why it's necessary to sentence below the mandatory minimum. Then, they must write a clear statement explaining their decision.

Judges are unlikely to risk their careers to allow dangerous criminals an early release. If something happens after an offender is released early, the political pressure is back on the judge who issued the shorter sentence—and no one wants that kind of negative attention. In order to avoid risky situations like this, they'd use their discretion very cautiously, upholding the oath they took to promote justice in every case.

The nation is facing an overcriminalization problem that costs taxpayers millions and amounts to the foolish eradication of individual liberties. Mandatory minimums have exacerbated this problem, and it's time for that to stop. Congresswomen and men have the opportunity to help solve this looming problem by passing the Justice Safety Valve Act to untie the hands of judges and restore justice in individual sentences.

Molly Davis is a policy analyst at Libertas Institute, a free market think tank in Utah. She's a writer for Young Voices, and her work has previously appeared in The Hill, TownHall.com, and The Washington Examiner.

On "Glenn TV" this week, Megyn Kelly, host of the "Megyn Kelly Show," told Glenn Beck she believes the Democrats' talk of unity is "all nonsense" and forecasted the "death of journalism" under a Biden administration.

Megyn cited President Joe Biden's unwillingness to make concessions that would help unify Democrats and Republicans as an example of how much he actually cares about unity, and added that, while she's all for lowering the political temperature in America, she also believes there are some personal freedoms that are worth fighting for.

"What's happening substantively is worth fighting for and it's not going to go away just because [Biden] gave a nice speech," Megyn said.

"I will object. I will protect my family and what I think is right over Joe Biden's need for unity, which is false anyway. 'Unify behind my agenda' is not a real call for unity," she added.

Megyn said she believes the Left has reached too far and "awakened a sleeping giant" in reference to the silent majority who should speak up, speak out, and refuse to be silenced any longer.

Watch the video clip below to catch more of the conversation:

Because the content of this show is sure to set off the censors, the full episode is only be available on BlazeTV. Get $30 off a one-year subscription to BlazeTV with the code "GLENN." With BlazeTV, you get the unvarnished truth from the most pro-America network in the country, free from Big Tech and MSM censors.

As the Senate prepares for former President Trump's second impeachment trial, many are asking whether it's constitutional to try a president after leaving office. Alan Dershowitz, lawyer and host of the of "The Dershow," joined Glenn Beck on the radio program to talk about the legal battles Trump still faces.

Dershowitz said he believes the Senate doesn't have the authority to convict Trump, now that he's a private citizen again, and thus can't use impeachment to bar him from running for office again.

"The Constitution says the purpose of impeachment is to remove somebody. He [Trump] is out of office. There's nothing left to do.
It doesn't say you can impeach him to disqualify him for the future. It says, if you remove him you can then add disqualification, but you can't just impeach somebody to disqualify them," Dershowitz said.

"The Senate can't try ordinary citizens. So once you're an ordinary citizen, you get tried only in the courts, not in the Senate. So it's clearly unconstitutional," he added.

Dershowitz, who served on Trump's legal team during the first impeachment trial, also discussed whether he thinks Trump is legally (or even just ethically) responsible for the Capitol riot earlier this month, and whether those engaging in violence could be considered "domestic terrorists."

Watch the video below to catch more of the conversation:

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A new, shocking CBS News poll shows that the majority of Americans believe they're facing a new enemy: other Americans.

More than two-thirds of poll respondents said they believe democracy in the U.S. is "threatened," and 54% said "other people in America" are the "biggest threat to the American way of life," rather than economic factors, viruses, natural disasters, or foreign actors.

Will it be possible to unite our nation with statistics like that? On "The Glenn Beck Radio Program," Glenn and Stu discussed the poll numbers and what they mean for our future.

Watch the video clip below:

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Countless leaders on the left are now arguing that removing President Donald Trump from office won't be enough — they're now calling for the president's "cult-like" supporters to be "deprogrammed." And it's not just fringe politicians.

During an appearance on "Real Time with Bill Maher" last week, former NBC anchor Katie Couric said, "The question is, how are we going to really almost deprogram these people who have signed up for the cult of Trump."

Former Democratic presidential nominee Hillary Clinton and Democratic Speaker of the House Nancy Pelosi questioned whether the nation needs "a 9/11-type commission" to determine whether President Trump was colluding with Russian President Vladimir Putin "the day that the insurgents invaded our Capitol." Clinton also made sure to include her favorite "deplorables" in her unsubstantiated conspiracy theory:

"But we now know that not just [Trump] but his enablers, his accomplices, his cult members, have the same disregard for democracy," Clinton said to Pelosi.

Washington Post columnist Eugene Robinson and New York Times Magazine's Nikole Hannah-Jones agreed that there is a need for "millions of Americans, almost all white, almost all Republicans" to be deprogrammed and punished, during an MSNBC interview last week.

Now, a story from the Washington Post is also preaching that narrative and even added that we need more restrictions for conservatives on social media and in the broadcast industry.

"So now we have to be deprogrammed? We've heard this over and over and over and over again, for months," said Glenn Beck on the radio program Tuesday. He read through the shocking details of the Washington Post op-ed and discussed the extraordinary dangers of the latest anti-conservative movement in America.

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