D.C. Attorney General Karl Racine made moves Wednesday to oppose the prosecution of local gun cases in federal court, arguing that the policy undermines the District’s ability to try local cases in local court and disproportionately harms African Americans due to the federal courts’ harsher sentencing guidelines.
In two court briefs, Racine urged the dismissal of two felon-in-possession cases: U.S. v. Reed and U.S. v. Simmons.
“The U.S. Attorney’s policy to prosecute local gun crimes in federal court intentionally sidesteps our local courts, thus denying offenders the benefits of these reforms, and reverts to a failed federal tough-on-crime approach,” Racine said in a news release. “The District has strong laws to punish felons in possession of a gun and must be allowed to enforce them without interference.”
D.C. Mayor Muriel Bowser announced the felon-in-possession, or FIP, policy in February 2019 at a news conference featuring D.C. Police Chief Peter Newsham and then-U. S. Attorney for D.C. Jessie Liu. Officials described the policy as an effort to reduce violent crime and homicides by repeat offenders.
Racine said the policy conflicts with steps taken to enact data-driven criminal justice reforms “that hold offenders accountable and address problems of overincarceration and racial inequities,” Racine said in the release.
According to the AG’s office, D.C. has a higher per capita rate of incarceration than any U.S. state: 1,153 of every 100,000 people in the District are incarcerated, compared with the national average of 698 per 100,000 people.
Racine argued that United States Attorney’s Office’s current criminal policy hurts District residents.
“Congress created a local court system for the District to try local criminal offenses and granted the Council the authority to enact local criminal laws,” the attorney general’s office said in a news release. “The Council has carried out that authority by enacting strict gun laws, which are sufficiently strong to punish felons in possession in the District. By prosecuting FIP cases in federal court, the USAO ignores the will of local policymakers and undermines the District’s interest in governing itself.”
Additionally, Racine said the policy unfairly hits African Americans.
“African Americans in the District are significantly more likely to have a prior felony conviction. Application of the FIP policy will thus lead to much higher sentences for African Americans,” the office said.
Racine also argued that the policies deny young offenders access to sentencing reforms and strain federal court resources.
