what guidelines did us attorney general eric holder issue regarding the enforcement of federal laws

What did Attorney General Eric Holder do wrong?

Mar 13, 2014 · In testimony delivered before the U.S. Sentencing Commission Thursday, Attorney General Eric Holder endorsed a proposed change to the Federal Sentencing Guidelines that would reserve the harshest penalties for the most serious drug offenders. The Sentencing Commission proposal, first unveiled in January, would lower by two levels the base offense associated with …

What are Eric Holder's most disputed moves?

Jan 16, 2015 · Attorney General Prohibits Federal Agency Adoptions of Assets Seized by State and Local Law Enforcement Agencies Except Where Needed to Protect Public Safety Today, Attorney General Eric Holder issued an order setting forth a new policy prohibiting federal agency forfeiture, or “adoptions,” of assets seized by state and local law ...

What is the job of the Attorney General?

Sep 25, 2014 · Holder mandated the modification so that low-level, non-violent drug offenders with no ties to gangs or cartels would no longer be charged with offenses that “impose draconian, mandatory” sentences, and would instead be sentenced on an individual basis.

Did Attorney General Holder try to prosecute journalists?

Sep 24, 2014 · Holder directly addressed the wider repercussions of disproportionately harsh law enforcement. “As we saw all too clearly last month—as the eyes of the nation turned to events in Ferguson, Missouri—whenever discord, mistrust, and roiling tensions fester just under the surface, interactions between law enforcement and local residents can quickly escalate into …

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Feb 26, 2014 · Corruption: Attorney General Eric Holder wants his counterparts at the state level to treat the rule of law with the same contempt and selectivity that he and his boss in the White House employ ...

What are the powers of the US attorney general?

As the chief officer of the Department of Justice, the attorney general enforces federal laws, provides legal counsel in federal cases, interprets the laws that govern executive departments, heads federal jails and penal institutions, and examines alleged violations of federal laws.

What is the Ogden memo?

“On October 19, 2009, Deputy Attorney General David Ogden issued a memorandum (the “Ogden Memorandum”), that gave U.S. Attorneys 'guidance and clarification' on how to enforce the Controlled Substances Act in states where medical marijuana had been legalized.

Does the Department of Justice enforce federal laws?

DOJ prosecutes federal law offenders and represents the U.S. Government in court; its attorneys represent the rights and interests of the American people and enforce federal criminal and civil laws, such as combating terrorism- related crimes, violent crime, and drug related crimes, and enforcing immigration laws.

What are the three major responsibilities of the Department of Justice?

To enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial ...

What did the 2013 Cole memo say about federal enforcement?

The 2013 memorandum represented a significant shift of government priorities away from strict enforcement of federal cannabis prohibition and toward a more hands-off approach in the case of "jurisdictions that have enacted laws legalizing marijuana in some form and that have also implemented strong and effective ...

Is the Cole memo technically still in effect?

Many of these states share borders, and producer states could serve several nearby markets without ever entering a state that does not allow cannabis in any form. Furthermore, the Cole Memo, which was rescinded by Jeff Sessions in 2018, has not been replaced by any guidance whatsoever.

Who does the DOJ regulate?

The mission of the Office of the Attorney General is to supervise and direct the administration and operation of the Department of Justice, including the Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, Bureau of Prisons, Office of Justice Programs, ...

What is one role of the federal government's Department of Justice?

The Department of Justice serves to prevent terrorism and promote the Nation's security consistent with the rule of law; prevent crime, protect the rights of the American people, and enforce federal law; and ensure and support the fair, impartial, efficient, and transparent administration of justice at the federal, ...

What is the role of DOJ?

As such, the DOJ serves as the government's prosecution arm and administers the government's criminal justice system by investigating crimes, prosecuting offenders and overseeing the correctional system.

What issues does the Department of Justice deal with?

Investigations & prosecutions: The DOJ deals with every type of federal crime, from bank robbery and kidnapping to financial crimes like money laundering, bribery and corruption, and the financing of terrorism.

What are the main issues it is concerned with Department of Justice?

DOJ prosecutes federal law offenders and represents the U.S. Government in court; its attorneys represent the rights and interests of the American people and enforce federal criminal and civil laws, including antitrust, civil rights, environmental, and tax laws; its Immigration Judges ensure justice for immigrants in ...

Why was the Justice Department created?

The Department of Justice (DOJ) is a United States executive department formed in 1789 to assist the president and Cabinet in matters concerning the law and to prosecute U.S. Supreme Court cases for the federal government.

Why do state and local law enforcement agencies turn over seized property to federal law enforcement agencies?

Consequently, when state and local law enforcement agencies seized criminal proceeds and property used to commit crimes , they often lacked the legal authority to forfeit the seized items. Turning seized assets over to federal law enforcement agencies for adoption was a way to keep those assets from being returned to criminals.

Who administers the Treasury forfeiture program?

Department of the Treasury, which has its own forfeiture program, is issuing a policy consistent with the Attorney General’s order and that policy will apply to all participants of the Treasury forfeiture program, administered by the Treasury Executive Office for Asset Forfeiture.

What is the prohibition on federal agency adoption?

The prohibition on federal agency adoption includes, but is not limited to, seizures by state or local law enforcement of vehicles, valuables, cash and other monetary instruments. This order is effective immediately and applies to all Justice Department attorneys and components, and all participants in the Department of Justice Asset Forfeiture ...

What is the new policy for forfeiture?

Today, Attorney General Eric Holder issued an order setting forth a new policy prohibiting federal agency forfeiture, or “adoptions,” of assets seized by state and local law enforcement agencies, with a limited public safety exception. A federally adopted forfeiture – or “adoption” for short – occurs when a state or local law enforcement agency ...

What is a federally adopted forfeiture?

A federally adopted forfeiture – or “adoption” for short – occurs when a state or local law enforcement agency seizes property pursuant to state law and requests that a federal agency take the seized asset and forfeit it under federal law.

When did Eric Holder give his keynote speech?

U.S. Attorney General Eric Holder delivers a keynote speech at New York University's law school, Sept. 23, 2014, in New York. — -- intro: Almost as soon as he was confirmed, it was clear that Attorney General Eric Holder’s tenure would be beset by controversy.

What is the job of an attorney general?

A U.S. attorney general, as head of the Justice Department, is responsible for enforcing federal laws. One critic of Holder, former Virginia Solicitor General William H. Hurd said, “These are important issues, but the job of an attorney general is not to act as a judge and decide them. His job is to act as an advocate and defend ...

Who oversees ATF?

The following May, Holder, who technically oversees ATF, testified before the House Judiciary Committee that he had only known about the sting, dubbed “Operation Fast & Furious,” for a few weeks. But after investigators uncovered memos on Fast & Furious sent to Holder in July 2010, congressional Republicans cried foul.

Did Eric Holder prosecute journalists?

Also in 2013, Holder denied attempting to prosecute journalists after reports revealed the Justice Department was monitoring Fox News reporter James Rosen following a story he published in 2009 on Iran.media: 25756073.

When did the Defense of Marriage Act get struck down?

In 2011, the Obama administration announced attorneys in the Department of Justice would not enforce the Defense of Marriage Act, which was later struck down in 2013 by the Supreme Court.

Do state attorneys general have to enforce laws?

Yesterday during an interview with The New York Times, Holder said state attorneys general do not have to enforce laws they disagree with, specifically when it comes to the issue of gay marriage.

How to establish a violation of the Equal Protection Clause?

To establish a violation of the Equal Protection Clause based on discriminatory law enforcement, a plaintiff must at minimum show either intentional discrimination or an adverse effect driven by some form of discriminatory animus on the part of law enforcement officials. [4]

What happened to the Border Patrol in 2012?

In Washington State, the agency settled a 2012 lawsuit that accused the Border Patrol of failing to establish reasonable suspicion before stopping drivers in the Olympic Peninsula and seemingly making decisions to stop people “based on nothing other than the ethnic and/or racial appearance of a vehicle’s occupants.”.

When was the International Convention on the Elimination of Discrimination ratified?

In accordance with US obligations under the International Convention on the Elimination of All Forms of Discrimination, ratified by the United States in 1994, the United States must not make distinctions that have the “purpose or effect ” of nullifying or impairing equal protection of the laws and enjoyment of rights. [3] .

Does the Department of Justice have racial profiling?

News outlets have recently reported that the Department of Justice will release new guidance on the use of racial profiling by federal law enforcement officers shortly. Human Rights Watch wrote to US Attorney General Holder and urged him to ensure the new guidance abolishes exemptions for national security and border integrity operations and that it covers all federal law enforcement agencies.

Does the National Security and Border Exemptions apply to current constitutional precedent?

However, the current national security and border exemptions in the guidance allow agents working under them to adhere only to current constitutional precedent. It is for this reason that reforms to the guidance should end both of these exemptions.