Supreme Court nominee Judge Ketanji Brown Jackson said in the early days of the pandemic it would be "reasonable" to release "each and every" person in District of Columbia jails, and she went on to grant COVID-related releases to defendants and inmates implicated in serious crimes.
In the early days of the pandemic, Judge Jackson made a passionate appeal on behalf of inmates in Washington, D.C., jails and said pandemic conditions could justify releasing them.
"The obvious increased risk of harm that the COVID-19 pandemic poses to individuals who have been detained in the District’s correctional facilities reasonably suggests that each and every criminal defendant who is currently in D.C. DOC custody—and who thus cannot take independent measures to control their own hygiene and distance themselves from others—should be released," she wrote . She went on to urge Congress to take action to help.
In one instance, Jackson granted pretrial release to a defendant allegedly involved in a deadly fentanyl-trafficking ring, requiring only that he comply with a 10 p.m. curfew. In another case, she released an inmate with multiple bank robbery convictions. Prosecutors opposed both moves.
COVID outbreaks were common in prisons across the country and prompted authorities to reduce jail populations to slow transmission. As of this writing, 292 inmates have died of COVID out of 135,000 in the federal system—less than one quarter of one percent—according to the Bureau of Prisons. Some researchers suggest this move contributed to the late spike in violent crime.
Republican opposition to Jackson during her confirmation hearing was pinned to her lenient sentencing, particularly to individuals convicted on charges related to child pornography. In many cases, she imposed sentences far below sentencing guidelines and the recommendations of prosecutors. Her call to release dangerous criminals back onto the streets due to the pandemic could further those concerns.
Jackson made the remark on COVID releases in the course of denying a request for release from a defendant named Sean Ray Wiggins, a high-level heroin dealer. But her pro-inmate appeal was the opening passage of the decision, apparently serving as the frame for all that followed. And she urged Congress to take steps to facilitate release of inmates.
"It is crystal clear that the dangers of the moment call for more systematic action than a judge can grant in any one case," she wrote.
Jackson sprung several inmates from jail due to COVID despite serious underlying offenses.
One such defendant was Devon Dabney, who was arrested for distribution of fentanyl in Washington, D.C., on Jan. 28, 2020. Dabney was allegedly part of a drug ring based in an area of Washington, D.C., that authorities were surveilling and pursuing. At least one fentanyl overdose was connected to the ring.
Fentanyl is an extremely dangerous opioid that is often fatal above the very smallest doses. There were 56,516 overdose deaths reported in the United States in 2020, primarily the result of fentanyl, according to the National Institute on Drug Abuse.
Dabney asked Jackson to release him on March 27, 2020, because of the pandemic. Dabney provided medical records showing he had asthma. The jail infirmary issued him an inhaler for the condition, but they had trouble keeping it full.
Jackson granted Dabney’s request in an April 13 ruling and released him to home detention, citing his condition as well as the fact that Dabney had been a secondary target in the investigation. An associate was the primary target.
Despite his stated fear of contracting COVID, Dabney then asked Jackson to relax the conditions of his house arrest and replace it with a nightly curfew of 10 p.m. Jackson granted that request on Aug, 4, 2020.
Prosecutors believed Dabney was a flight risk and emphasized he had a pending firearms charge at the time of his arrest for fentanyl distribution.
The weight of evidence against Dabney was overwhelming. Two undercover police officers were prepared to testify that he sold almost $500 worth of fentanyl to them, with audio and video of the transaction captured by hidden camera. Given the evidence, and the fact he was facing upwards of a decade in prison, prosecutors believed Dabney was at higher risk of becoming a fugitive.
At the time of his arrest—which took place during a traffic stop shortly after the alleged sale to undercover officers—Dabney was on release from a Washington, D.C., case in which he was charged with carrying a pistol without a license and possession of a large capacity ammunition feeding device. And when he was arrested on the fentanyl charge, police found a handgun at his feet. He was also carrying two cell phones and $700 in cash.
"The defendant has now been arrested twice for serious charges—weapons and narcotics related—both within a fairly short time period and one while he was under pretrial supervision by another court," prosecutors wrote.
Once Dabney provided medical records to the court, prosecutors didn’t take affirmative steps to keep him in jail. But they opposed his requests—which Jackson granted—to relax the terms of his release, citing his growing rap sheet and the seriousness of the offense. The case is ongoing as of this writing.
In another case, Judge Jackson granted early release to a defendant, D’Angelo Dunlap, who pled guilty to robbing two banks and who had three years yet to serve on his prison sentence when Jackson sent him home.
Dunlap robbed two Washington-area banks, one in 2015 and another in 2017, to fund his addiction to heroin. He pled guilty to both crimes and Jackson sentenced him to just under five years in prison, followed by three years of supervised release. He was incarcerated at a medium-security federal prison in Pennsylvania.
Almost two years into his sentence, Dunlap requested "compassionate release," claiming he was at heightened risk of a serious COVID infection due to obesity and comorbidities like heart disease.
Prosecutors strongly opposed his request, and suggested his request was based on misrepresentations. In court papers, they said Dunlap’s height was "mistakenly listed" as 5’5 on some forms, when his actual height is 5’9 according to intake photos and other records. Correctly accounting for his height indicates he was not obese. Similarly, prosecutors said his medical records showed his cardiac health was sound overall.
Authorities also warned he was a danger to the community, citing a Bureau of Prisons assessment that he was a "medium risk" of recidivism and the need to complete a more extensive drug treatment program.
Jackson granted Dunlap’s request and reduced his sentence to time served, but maintained the three-year supervised release requirement. She justified her decision by noting that Dunlap had repeatedly complained of chest pains while incarcerated, had some damage to a heart valve, and had elevated levels of calcium in his heart, which is sometimes a precursor to a heart attack.
As of August 2020, when Dunlap’s release was under consideration, the Pennsylvania jail housing him reported just one positive COVID case. Jackson acknowledged as much in her ruling, but said close quarters in prisons pose inherent and continuing risks of transmission.
The Senate Judiciary Committee is set to consider Jackson’s nomination on Monday morning. She is expected to receive near unanimous opposition from Republican Senators, but has already won the support from at least one, Sen. Susan Collins (R., Maine), clearing the path towards her confirmation.
6 Dead, Numerous Injured During Shooting in Gun-Controlled California ANDRI TAMBUNAN/AFP via Getty 1:56
Six people were killed and numerous others injured during a Sunday morning shooting in gun-controlled California’s city of Sacramento.
CNN reports the deadly incident occurred “in the area of 10th and J Streets.”
Details on the shooting are scant. At 3:52 a.m. Sacramento Police tweeted , “Conditions unknown at this time. Please avoid the area as a large police presence will remain and the scene remains active.”
California is the most stringently gun-controlled state in the Union, and Michael Bloomberg-affiliated Everytown for Gun Safety ranks CA No. 1 for “Gun Law Strength.”
California gun controls include universal background checks, a gun registry, an “assault weapons” ban, a 10-day waiting period on gun purchases, a limit on the number of guns a law-abiding citizen can purchase each month, a “good cause” requirement for concealed carry permit issuance, a red flag law, a ban on campus carry for self-defense, and a ban on K-12 teachers possessing guns for classroom defense.
The AP observes California also “requires background checks for people buying ammunition.”
On March 29, 2022, Breitbart News pointed out robberies with a gun were up 44 percent in gun-controlled Los Angeles.
AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkins , a weekly newsletter focused o n al l things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio and a Turning Point USA Ambassador. Follow him on Instagram: @awr_hawkins . Reach him at awrhawkins@breitbart.com . You can sign up to get Down Range at breitbart.com/downrange .
Joe Biden Responds to Sacramento Shooting by Pushing Existing California Gun Controls Brendan Smialowski / AFP 2:42
President Joe Biden responded to the Sacramento shooting by pushing gun laws the state of California already has in place.
Breitbart News reported six people were killed and numerous others injured early Sunday morning when gunfire rang out near 10th and J Streets.
Police noted there were multiple gunmen involved in the shooting and the incident was preceded by a fight.
CNN quoted Sacramento Police Chief Kathy Lester saying, “We know that a large fight took place just prior to the shootings. And we have confirmed that there are multiple shooters.”
Moreover, KCRA points out that police recovered a stolen gun at the scene of the shooting.
FOX News observed Biden responded by pushing Congress to pass more gun control. The president said:
Ban ghost guns. Require background checks for all gun sales. Ban assault weapons and high-capacity magazines. Repeal gun manufacturers’ immunity from liability. Pass my budget proposal, which would give cities more of the funding they need to fund the police and fund the crime prevention and intervention strategies that can make our cities safer. These are just a few of the steps Congress urgently needs to take to save lives.
California already bans ghost guns.
California has required background checks for all gun sales since the 1990s.
California has banned “assault weapons” since the 1990s.
California bans “high capacity” magazines.
Gov. Gavin Newsom (D) is pushing to allow private citizens to sue gun makers.
Additionally, California has a red flag law, gun registration requirements, a 10-day waiting period on gun purchases, a “good cause” requirement for concealed carry permit issuance, a ban on campus carry for self-defense, a ban on teachers carrying on K-12 campuses for classroom defense, and a limit on the number of guns law-abiding citizens can buy each month.
California also requires would-be purchasers to pass a background check before acquiring ammunition.
AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkins , a weekly newsletter focused o n al l things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio and a Turning Point USA Ambassador. Follow him on Instagram: @awr_hawkins . Reach him at awrhawkins@breitbart.com . You can sign up to get Down Range at breitbart.com/downrange
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