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.

Fox News host Greg Gutfeld joined Glenn on "The Glenn Beck Podcast" this week to talk about his new book, "The Plus: Self-Help for People Who Hate Self-Help."

Greg admits he is probably the last person who should write a self-help book. Nevertheless, he offers his offbeat advice on how to save America during what has become one of the most tumultuous times in history, as well as drinking while tweeting (spoiler: don't do it).

He also shares his "evolution" on President Donald Trump, his prediction for the election, and what it means to be an agnostic-atheist.

In this clip, Greg shares what he calls his "first great epiphany" on how dangerous cancel culture has become.

"I believe that cancel culture is the first successful work-around of the First Amendment," he said. "Because freedom of speech doesn't protect me from my career being ruined, my livelihood being destroyed, or me getting so depressed I commit suicide. Cancel culture is the first successful work-around of freedom of speech. It can oppress your speech with the scepter of destruction. We don't have freedom of speech anymore."

Watch the video clip below or find the full Glenn Beck Podcast with Greg Gutfeld here.

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Dr. Simone Gold joined Glenn Beck on the radio program Thursday to set the record straight about hydroxychloroquine -- what it is, how it works, and the real reason for all the current controversy surrounding a centuries-old medication.

Dr. Gold is a board certified emergency physician. She graduated from Chicago Medical School before attending Stanford University Law School. She completed her residency in emergency medicine at Stony Brook University Hospital in New York, and worked in Washington D.C. for the Surgeon General, as well for the chairman of the Committee on Labor and Human Resources. She works as an emergency physician on the front lines, whether or not there is a pandemic, and her clinical work serves all Americans from urban inner city to suburban and the Native American population. Her legal practice focuses on policy issues relating to law and medicine.

She is also the founder of America's frontline doctors, a group of doctors who have been under attack this week for speaking out about hydroxychloroquine during a news conference held outside the U.S. Supreme Court in Washington D.C.

On the program, Dr. Gold emphasized that the controversy over hydroxychloroquine is a "complete myth."

"Hydroxychloroquine is an analogue or a derivative of quinine, which is found in tree bark. It's the most noncontroversial of medications that there is," she explained.

"It's been around for centuries and it's been FDA-approved in the modern version, called hydroxychloroquine, for 65 years. In all of that time, [doctors] used it for breast-feeding women, pregnant women, elderly, children, and immune compromised. The typical use is for years or even decades because we give it mostly to RA, rheumatoid arthritis patients and lupus patients who need to be on it, essentially, all of their life. So, we have extensive experience with it ... it's one of the most commonly used medications throughout the world."

Dr. Gold told Glenn she was surprised when the media suddenly "vomited all over hydroxychloroquine", but initially chalked it up to the left's predictable hatred for anything President Donald Trump endorses. However, when the media gave the drug Remdesivir glowing reviews, despite disappointing clinical trial results, she decided to do some research.

"[Remdesivir] certainly wasn't a fabulous drug, but the media coverage was all about how fabulous it was. At that moment, I thought that was really weird. Because it's one thing to hate hydroxychloroquine because the president [endorsed] it. But it's another thing to give a free pass to another medicine that doesn't seem that great. I thought that was really weird, so I started looking into it. And let me tell you, what I discovered was absolutely shocking," she said.

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According to the mainstream media's COVID-19 narrative, the president is "ignoring" the crisis.

On tonight's "Glenn TV" special, Glenn Beck exposes the media's last four months of political theater that has helped shape America's confusion and fear over coronavirus. And now, with a new school year looming on the horizon, the ongoing hysteria has enormous ramifications for our children, but the media is working overtime to paint the Trump administration as anti-science Neanderthals who want to send children and teachers off to die by reopening schools.

Glenn fights back with the facts and interviews the medical doctor Big Tech fears the most. Dr. Simone Gold, founder of America's Frontline Doctors, stands up to the media's smear campaign and explains why she could no longer stay silent in her fight against coronavirus fear.

Watch a preview below:


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It's high time to leave the partisan politics behind and focus on the facts about face masks and whether or not they really work against COVID-19.

On the radio program Tuesday, Glenn Beck spoke with Drs. Scott Jensen and George Rutherford about the scientific evidence that proves or disproves the effectiveness of mask wearing to stop the spread of the coronavirus. Then, Dr. Karyln Borysenko joined to break down where the massive political divide over masks came from in the first place.

"I think if we were to talk about this a couple months ago, I might have said, 'Well, there's the science of masks, and there's the emotions of masks.' But, unfortunately, there's something in between," Jensen said. "I would have thought that the science of masks would have to do with the physics of masks, so I did a video a couple months ago where I talked about the pore side of a cotton mask or a surgical mask."

He explained that properly worn masks can help reduce the spread of virus particles, but cautioned against a false-sense of security when wearing a mask because they are far from providing complete protection.

"If you have a triple-ply mask, the pore size will end up being effectively five microns. And five microns, to a COVID-19 virus particle, is 50 times larger. That's approximately the same differential between the two-inch separation between the wires of a chain-link fence, and a gnat," Jensen explained.

"But now what we're seeing is if we have some collision of COVID-19 viral particles with the latticework of any mask ... if you're breathing out or breathing in and the viral particles collide with the actual latticework of a mask, I think intuitively, yes, we can reduce the amount of virus particles that are going back and forth."

Dr. Rutherford said masks are essential tools for fighting COVID-19, as long as you wear them correctly. He laid out the three main reasons he believes we should all be wearing masks.

"So, we're trying to do three things," he said. "First of all, we're trying to protect the people around you, in case you are one of the 60% of people who have asymptomatic infection and don't know it. The second thing we're trying to do is to protect you. The third thing we're trying to do is, if you get infected, you'll get infected at a lower dose, and then you're less likely to develop symptoms. That's the threefer."

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