Category Archives: Freedom

Rep. Charlie Dent, R-Pa. a co-chairman of the Tuesday Group, arrives at the office of Speaker of the House Paul Ryan, R-Wis., at the U.S. Capitol on March 23, 2017.(Photo: Chip Somodevilla, Getty Images)

WASHINGTON Moderate House Republicans haveapparently rejectedhaving group negotiations about a possible compromise on health care withthe conservative House Freedom Caucus the most critical group in sinking the Republican bill to repeal and replace Obamacare.

Rep. Chris Collins, R-N.Y. one of President Trump's closest allies in the House told reporters Thursday that the moderates' caucus, called the Tuesday Group,met and "unequivocally" decided not to meet with the Freedom Caucus.

Its not changing the opinions in our conference. Weve moved on, Collins said. We have to move on to tax reform. My own hope is they will be more pliable for tax reform having the conference suffering this defeat on health care reform. I truly believe health care has moved onand wont be dealt with until 2019, if then.

I am not negotiating with anyone.Ive seen stories that there are discussions about certain negotiations between the Tuesday Group and the Freedom Caucus. Thats not the case, Rep. Charlie Dent, a co-chairman of the Tuesday Group, said Wednesday morning on CNN. Do I talk to other members? Absolutely. Am I negotiating with anyone about the bill that was just put aside? No.

Dent said it was time to bring Democrats to the table and work on a bipartisan solution to fix Obamacare rather than repeal it entirely.

Another co-chairman, New Jersey Republican Rep. Tom MacArthur, said individual members are still talking with each other. But the Tuesday Group ruled out group negotiations because factions within the GOP conference negotiating with each other could result in changes that erode support from others who are not in either faction, he said.

"On the one hand, we do not want to offend our friends in the Freedom Caucus, on the other hand we do not want to enter into negotiations," MacArthur said."When it comes to specifically trying to make changes, I will continue to work with the speaker and the president and other members of Congress and certainly my colleagues in the Tuesday Group. That's the proper way to do this.

When side groups state to negotiate, the risk is upsetting other people who are not part of the process," he said.

The Freedom Caucus is a group of around 30hardline conservatives who threatened en bloc to vote against the legislation because they felt it didnt go far enough. Their demands a couple of which were met in last-minute negotiations but still didnt sway most of them proved a bridge too far for a handful of moderates.

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Republicans give up on Obamacare repeal bill, move on to other issues

Collapse of Obamacare repeal plan puts Freedom Caucus in complicated spot

With Obamacare repeal dreams dashed, what can GOP accomplish?

With no Democrats backing the bill, Republicans could only lose about 20 votes, soHouse Speaker Paul Ryan, R-Wis., and Trump decided to pull the bill Friday afternoon instead of see it defeated on the floor.

But this week, leadership and the Freedom Caucus have exhibited a new willingness to reopen negotiations.

On Tuesday, Freedom Caucus Chairman Mark Meadows, R-N.C.,told USA TODAY that he was working with MacArthur to set up a meeting between the two groups who had been against the bill.

To actually just talk one-on-one with no leadership, no anybody, other than just members in the room and say OK what are your objections? What gets you to yes from a more moderate side of our spectrum? What gets us to yes from a more conservative side of the spectrum? Meadows said. We feel like if we can get those two then everybody in between will get to a yes. We should have been doing this all along.

House Freedom Caucus Chairman Mark Meadows leaves a closed-door strategy session with House Speaker Paul Ryan and others on Capitol Hill on March 28, 2017.(Photo: J. Scott Applewhite, AP)

On Thursday, Freedom Caucus memberRep. Trent Franks, R-Ariz., said it was incumbent on everyone in the party to go back to the drawing board.

I think every group Freedom Caucus, Tuesday Group, every group has a responsibility to write down their fundamental convictions and say here is a proposal that would get us to yes. We have that responsibility, Franks told reporters at the Capitol.

But theFreedom Caucuslost the support of another key ally this week: the president. The group had gone almost entirely around House leadership and negotiated directly with Trump ahead of the bill being pulled. Meadows was an early supporter of Trumps and campaigned with him during the election.

The caucus and Trump also share a similar base of supporters, but after the failure of the bill Trump seemed to have lost his patience. He tweeted a couple jabs over the weekend and on Monday, and on Thursday hethreatened Freedom Caucus membersin the 2018 election.

Freedom Caucus spokeswoman Alyssa Farah tweeted Thursday that it was not just caucus members who opposed the bill; key Republican moderates also announced their opposition, including Appropriations Chairman Rodney Frelinghuysen, R-N.J.

Rep. Raul Labrador, R-Idaho, a founding Freedom Caucus member and board member sought to remind Trump that many of the Freedom Caucus members had remained his staunchest defenders even during the toughest times of the campaign.

Heritage Foundation, a conservative advocacy group that was against the legislation, responded to Collins' comments Thursday.

Conservatives are acting in good faith to deliver on longstanding campaign promises and drive down premiums for Americans struggling under Obamacare," said Dan Holler,Vice President of Heritage Action for America. "The refusal of some within the Republican Conference to reciprocate is stunning and will only help the Democrats presidential nominee in 2020.

Ryan was asked about Trump's tweet at a press conference Thursday.

"Look, I understand the president's frustration," Ryan told reporters. "I share his frustration. About 90% of our conference is for the bill ... and about 10% are not. What I encourage members to do is to keep talking with each other until we get to a consensus."

Ryan said he couldn't say when Republicans might try again to pass legislation to repeal and replace Obamacare.

"I'm not going to commit to when and what the bill is going to look like," he said. "What I'm encouraging our members to do is get to a solution ... This is too big of an issue to not get right. I'm not going to put some artificial deadline on it."

Ryan said that working with Democrats won't do any good because they have opposing goals.

"The Democrats aren't for replacing Obamacare. We are," Ryan said. "Something tells me the Democrats aren't going to help us repeal Obamacare - because they wrote it."

Ryan's comment angered Democrats and at least one Republican, Tennessee Sen. Bob Corker.

Contributing: Erin Kelly

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Republican moderates reject talks with House Freedom Caucus - USA TODAY

The American Health Care Act might not be dead after all at least not entirely.

The Obamacare repeal-and-replace plan failed to get enough support in the House of Representatives for Speaker Paul Ryan (R-WI) to hold a vote on it. But its most vocal critic, conservative Freedom Caucus Chair Rep. Mark Meadows (R-NC), now says the American Health Care Act is still a viable vessel for health care reform.

You have to make the assumption that the speaker put out a plant that was agreed to by the majority of the majority, Meadows told reporters Wednesday. To modify that is a better starting point than most. As of last Friday, Meadows was a no vote on AHCA, along with more than two dozen other Republicans, many of them from the Freedom Caucus.

House Republicans have quietly continued negotiations on health care reform this week. But the belief was that AHCA was dead, as Rep. Greg Walden (R-OR) said after Ryan was forced to pull the bill from the floor last Friday.

On Wednesday, Republicans began hinting the opposite. White House press secretary Sean Spicer said Republicans were starting with where we are and trying to move that forward a sentiment Meadows said was prudent.

But Meadows is operating on a shaky assumption: that AHCA has the support of a majority of Republican legislators. House Republicans were more unified behind AHCA before Meadows and the Freedom Caucus got involved in negotiations.

The original version of the American Health Care Act would have caused 24 million people to lose coverage by 2026, according to a nonpartisan analysis from the Congressional Budget Office. For the Freedom Caucus, the problem was that it didnt do enough to repeal Obamacare, which they wanted entirely gutted.

But the more House leadership and the White House gave in to the Freedom Caucuss conservative demands on the health bill, the less popular the bill became with other members of Congress.

By Friday afternoon, it became clear that if AHCA were given a floor vote, it would lose. It was a Catch-22, said Rep. Chris Collins (R-NY).

For every vote you pick up on the right, you lose two on the left; for every vote you pick up on left, you lose two on the right, Collins said during the height of negotiations last week. This is the sausage making of compromise ... there is nothing you can do to help the right that doesnt lose on the left, and vice versa.

Speaker Ryan made large concessions to the bill, to try to appease the partys most conservative faction, but still the partys conservatives could not get on board, and the amendments lost votes among the partys more moderate members.

At the time, Collins, a close ally of President Donald Trump, said any changes to AHCA would have this effect: I will just say rhetorically, what changes between tomorrow and another day? And the answer is nothing. The answer is nothing.

Meadows, however, has changed his tune. He is making the case that the Republican Party is more unified on the policy provisions than last week.

I think its possible to get to a solution in the next hour, he said when asked if House Republicans could strike a deal by next week. The differences are not that different policy-wise. Its more political in nature.

But Meadows refused to give details on any policy specifics that would go into that solution.

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The Freedom Caucus chair wants to keep trying with AHCA - Vox

Tea Party leader Mark Meckler on Thursday told The Hill he is disgusted by President Trumps attacks on the conservative House Freedom Caucus over the GOPs failed healthcare bill.

The man who promised to Drain the Swamp now appears to be the Creature from the Black Lagoon, said Meckler, who co-founded the Tea Party Patriots and whose new group, Citizens for Self Governance, has a database of 2 million conservative activists.

He is now on the side of the swamp monsters, Meckler added.

Trump earlier Thursday issued a threat to the Freedom Caucus, warning them to get on the team or he would target them in the 2018 midterm elections.

The Freedom Caucus will hurt the entire Republican agenda if they don't get on the team, & fast. We must fight them, & Dems, in 2018!

Meckler and others on the right have warned that Trump risked losing his grassroots base by whipping support for the healthcare bill.

Many conservatives have so far directed their anger at Ryan and GOP leadership, who they say misled the president on the legislation.

But Trumps attack on the Freedom Caucus could open up a rift with grassroots conservatives, who have defended the president against criticism over his support for the bill.

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Tea Party leader 'disgusted' by Trump's attack on Freedom Caucus - The Hill

Washington Post

What you need to know about Trump's feud with the Freedom Caucus Washington Post March 30, 2017 8:41 PM EDT - President Trump on March 30 tweeted that he would fight the House Freedom Caucus in the 2018 midterm elections after the group blocked the health-care bill. (Bastien Inzaurralde / The Washington Post) ...

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What you need to know about Trump's feud with the Freedom Caucus - Washington Post

New York Times

Freedom of Expression: United, Puma and the Leggings Furor New York Times Freedom of Expression: United, Puma and the Leggings Furor. Vanessa Friedman. ON THE RUNWAY MARCH 30, 2017. Continue reading the main story Share This Page. Continue reading the main story. Photo. Puma is offering a discount on leggings to ... Featured Tweets by United (@united) | TwitterTwitter all 27 news articles »

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Freedom of Expression: United, Puma and the Leggings Furor - New York Times

Reporting on the so-called "Freedom Caucus" in the U.S. Congress, BBC journalist Katie Shepherd asked on March 28, "Do these 29 white men run America?" Shepherd was referring to the group of lawmakers who have been credited with (or blamed for) derailing President Donald Trump's effort to repeal and replace Obamacare.

"The Freedom Caucus can make or break a bill," she said.

In an appearance March 29 on MSNBC's Morning Joe programwhich turned testyfour-term Rep. Raul Labrador (R-Idaho), a founding member of the Freedom Caucus, doubled down on his opposition to the White House plan, dubbed "Trumpcare."

"Look, the White House gave us a 'take it or leave it' message," Labrador said. "Because I had a binary choice, I chose to leave it."

The conversation got heated after Morning Joe co-host Mika Brzezinski pressed Labrador on another health care matter: The debate over paid family leave.

"I owned a business for 10 years. I paid for the insurance of the people that worked for me," said Labrador. "I gave them leave whenever they needed leave, and I helped them out."

When Brzezinski challenged that Labrador was talking about vacation or sick time, not paid leave, Labrador bristled.

"Look, that's not what I was told we would be talking about," Labrador said. "They had vacation, they had sick days and a bunch of things. Those things cost me money, and I did it willingly. I don't think the government should be forcing that. I know that you want the government to force more spending, but I don't."

Meanwhile, the Idaho Statehouse can expect more of the same arguments in the wake of a March 27 announcement from two freshmen legislators that they'll form an Idaho House Freedom Caucus.

Reps. Mike Kingsley (R-Lewiston) and Bryan Zollinger (R-Idaho Falls) appointed themselves co-chairmen of the group and said they had identified 10 other House members as potential Idaho Freedom Caucus members24 current House members, including Speaker Scott Bedke (R-Oakley), were interested enough in the concept, they packed a March 27 meeting to hear more.

Compared to the "29 white men" in D.C., Zollinger said he looked forward to a "kinder, gentler" Idaho version.

"We aren't going to throw grenades," he said.

In the meantime, Zollinger was anxious to promote a Friday, March 31 GOP fundraiser in eastern Idaho. The event at the Idaho Falls headquarters of the Melaleuca Corporation promises a "shotgun giveaway" and will feature an appearance from Fox News host Jeanine Pirro, who has been agitating for the ouster of U.S. Speaker of the House Paul Ryan based on his support of Trumpcare.

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The Freedom to Say No - Boise Weekly

During the past 20 years, eight British universities -- among them Oxford and Cambridge -- have taken more than $292 million from Saudi Arabia and other Islamic governments. These contributions represent the largest source of external funding to UK universities, according to the director of Brunel Universitys Center for Intelligence and Security Studies.

This phenomenon is also not isolated to the United Kingdom: Harvard alone has received more than $30 million from the Saudi government.

Stop and think about this.

Money used to fund professorships, scholarships and centers of study is coming from regimes with long histories of violating religious freedoms. As well-intentioned as the contributors might be, it is clear these contributions are not arriving without strings attached. A cynic might say that they are buying off professors and universities in order to advance their own agenda, even while forbidding similar activities within their own countries. They are happy to exploit Western freedoms in order to strengthen their own theocracies.

Theyre not just doing it via the academy, either.

Saudi Arabia also plays a significant role in the establishment of mosques -- the centerpieces of Muslim communities -- across the world. According to a hearing conducted before the Subcommittee on Terrorism, Technology and Homeland Security in 2003, the vast majority of mosques in the United States were then under Saudi influence. In all, it is estimated that Saudi Arabia has spent more than $100 billion to spread the countrys worldview.

Saudis want and enjoy freedoms around the world, but we must ask ourselves: Where is the equal religious freedom offered by the Saudi government toward people of Buddhist, Hindu or Christian faith, or even atheists, in their own country?

Rather, Saudi Arabia remains one of the most oppressive regimes in the world when it comes to freedom of conscience. A recent USCIRF report on the country says Saudi Arabia continues to prosecute, imprison and flog individuals for dissent, apostasy, blasphemy and sorcery. The Kingdom has been designated as a country of particular concern by the United States Commission on International Religious Freedom.

Not long ago, I learned about a group of Indian Christians who were arrested in Saudi Arabia during a raid conducted on a private home worship service. While they were all eventually released, the Saudi authorities notified them that their permits for working and living in the country would not be renewed. Once they expire, the Indian Christians have to leave the country.

On the other hand, right now an extremist religious preacher wanted by the Indian government -- who has received massive funding from the U.K. and Saudi Arabia -- enjoys safe haven in Saudi Arabia.

And while cases like these freely happen in Saudi Arabia, the Kingdom is allowed to funnel billions of dollars to countries to promote their brand of Islam --that exportation certainly contributed to the 9/11 attack on New York.

This hypocrisy must end. The free exportation of extremist ideologies -- religious or atheistic -- is what drives people to violence and the curtailment of freedoms.

The international community must adopt a reciprocal approach to religious tolerance in response to those nations that abuse our freedoms while forbidding freedom among their own. It is high time that the West, with its evolved understanding of freedom of conscience and liberty, begins to ask for this kind of reciprocity in bilateral relations with nations.

The Religious Freedom International Reciprocity Enhancement Act, introduced last July to the U.S. Congress, is an example of the type of action that nations may take to protect themselves from the inadvertent importing or exporting of ideology promoting bigotry, intolerance and persecution. The act would forbid a national of any country that limits the free exercise of religion from spending money in the United States to promote a religion. Money is also raised in America and the U.K. among diaspora communities to fund religious extremist groups (not just Islamic groups) in Asia, the Middle East, Africa and Europe.

More countries need to adopt similar and other measures now that three-quarters of the worlds population lives in a country with high or very high restrictions or hostilities on the freedom of conscience.

Religious tolerance and the freedom of conscience and belief are cornerstones of human rights affecting all other rights. We must hold nations accountable for the safeguarding of these freedoms, and those who restrict them ought not to be able to freely promote their ideology -- in any form -- abroad.

America needs to act and not be focused on economic considerations only.

Most Rev. Dr. Joseph DSouza is the Moderating Bishop of the Good Shepherd Church and Associated Ministries of India. He also serves as the President of the All India Christian Council. He is the recipient of numerous awards and accolades for his work as a human rights activist, and especially on behalf of Indias Dalits (sometimes called untouchables). He is also the founder and International President of the Dalit Freedom Network. He can be reached at: moderator@gsoim.org

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Religious freedom, not money, should drive West in dealing with Saudi Arabia - Fox News

WASHINGTON Weary from a weeks-long battle over the GOP health care bill, the House Freedom Caucus is regrouping, reassessing, looking at an upcoming spending bill and wondering whether they have another immediate fight in them.

Congress has just over a month before lawmakers have to pass a short-term funding bill to keep the government open, and there are a number of questions conservatives have to answer about that legislation. Will they block any continuing resolution that continues to fund Planned Parenthood? Will they stand strong on spending increases? How much additional money could they swallow, particularly if its not for defense?

An exhausted Mark Meadows, chairman of the roughly three-dozen-member group, emerged Monday night to pump the brakes on any talk of the Freedom Caucus taking a hard stance right now on the so-called continuing resolution to keep government agencies operating.

Everybodys pretty weary right now. I know I am, Meadows (R-N.C.) said. And so I think anytime that youre weary, youve got to be careful about two things: One, making a poor decision, and the other is making a quick decision.

He said the HFC would make a very methodical decision in the days and weeks to come on the continuing resolution (CR)and that Planned Parenthood funding would be one of the things conservatives look at. But he made it clear that he was still thinking about the health care bill.

Ive spent the last 48 hours probably reviewing this and analyzing a whole lot of different situations, Meadows said.

The CR is so far from the Freedom Caucus mind at the moment that when The Huffington Post asked Rep. Raul Labrador (R-Idaho) where the caucus was at on including Planned Parenthood funding in the spending bill, his response was, I still think we can get this done, referring to the health care bill.

Were not talking about the CR right now, Labrador said.

Asked whether there was a feeling that the Freedom Caucus maybe needed to let the spending bill go without another fight, Labrador went right back to health care. Were resolute to get this solved.

Tom Williams via Getty Images

But dont mistake the Freedom Caucus continued focus on health care as a sign of weakness. Plenty of members reported that they werent war weary.

Im not war weary, Rep. Scott Perry (R-Pa.) reported. You ever been shot at before? (Perry, a brigadier general in the Pennsylvania Army National Guard, flew 44 combat missions in Iraq.)

Other members reported that they, too, wouldnt shy away from a fight, and they promised that personal worries and concerns that their caucus could become a scourge of the GOP wouldnt factor into their legislative decisions.

I dont get concerned, Rep. Dave Brat (R-Va.) said. Thats a feeling. Calvinists have rationality.

And while other members may not share Brats religion, they took the same cool-headed approach.

Hopefully you know me well enough to know that I do things almost exclusively on a policy basis, what I believe is best for America, Rep. Mo Brooks (R-Ala.) told HuffPost on Monday night. And it makes no difference to me who the sponsor of a bill is, who the opponents to a bill may be, or which groups may or may not be behind it.

The Freedom Caucus, like Congress itself, has a long list of hurdles for the remainder of the year. Former chairman Jim Jordan (R-Ohio) laid out a busy schedule Monday night of dealing with the CR, then the budget, then tax reform, then individual appropriations bills, then the infrastructure bill, then another spending bill, and then the debt ceiling.

But Jordan also mentioned that he could see a border and defense supplemental becoming part of the CR, raising the possibility that the Freedom Caucus will draw that as their hard line, potentially threatening a government shutdown over Democratic objections about funding a border wall but perhaps winning over one newfound critic: President Donald Trump.

As much as the conservative caucus pretends all is well with its group, it is taking some heat from Trump and GOP leadership. Over the weekend, one of its most moderate members, Rep. Ted Poe (R-Texas), quit the caucus, citing a mob mentality that had become destructive toward legislating.

Meadows poured on the praise for Poe on Monday night, but he said the strength of any group is in its ability to stick together. I wouldnt classify that as a mob, Meadows said.

But true to their pugnacious style, some members couldnt help taking a slight dig at Poe and a larger but more amenable conservative group, the Republican Study Committee.

When Labrador was asked about the Freedom Caucus losing members, Labrador made it clear he looks down upon members who dont have the fight in them. If you dont want to do the hard work of legislating and taking a position, thats why we have the RSC, he said.

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Freedom Caucus Considers Its Next Fight: Planned Parenthood - Huffington Post

The State

Freedom Caucus blows its chance to govern The State A few days before the House Freedom Caucus brought down the American Health Care Act, N.C. Rep. Mark Meadows laid out the stakes for his group: This is a defining moment for our nation, but it's also a defining moment for the Freedom Caucus. He was ... Republican quits House Freedom CaucusThe Hill Texan Ted Poe quits Freedom Caucus over health care billDallas News (blog) Freedom Caucus member resigns from group over Obamacare riftPolitico Axios -Business Insider Nordic all 391 news articles »

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Freedom Caucus blows its chance to govern - The State

Poor people shouldnt be stuck here just because they cant afford bail.

3dmentat/iStock

As a defense attorney in Houston, Kim Ogg saw defendant after defendant forced to make a terrible choice. People charged with low-level crimes such as driving without a license or trespassing would often have their bail set at thousands of dollarstoo high for poor defendants to afford. The accused would have to decide between pleading guilty, even if they werent, and spending weeks or months in jail waiting for a trial. When given those options, its very hard to resist pleading guilty, Ogg said. Some of her clients insisted on pleading guilty at times because they wanted out. They were willing to say they were guilty and take the deal, even if they were innocent.

Prosecutors can and should prevent people accused of committing low-level crimes from being jailed due to a lack of money.

Its a common story in courts around the country: Because of sky-high bail amounts, less affluent defendants are stuck in jail for low-level crimes while wealthy ones can buy their freedom by writing a check.

This inequity has been the target of a vigorous reform movement. In legislative action and lawsuits from New Jersey to Texas to California, advocates are passing new laws or hoping to codify legal rights that establish that people charged with misdemeanors shouldnt be kept in jail only because they cant afford bail.

But theres a simpler and faster way to end cash bail: Prosecutors can just stop asking for it. Bail is set by judges, but prosecutors have huge influence on the process. When defendants appear for bail hearings, prosecutors are the ones making the bail recommendations. While defense attorneys can request lower bail, the prosecutors word tends to hold more weight.

Some big-city district attorneys have started to take that responsibility seriously. Ogg, who was elected DA of Harris County, Texas, last year, recently directed her prosecutors to recommend defendants be released on their own recognizance as the default in most misdemeanor cases.

The new policy exempts defendants who present a clear public safety risk, Ogg says, including those charged with domestic violence and driving while intoxicated. But in most of the 65,000 misdemeanor cases her office sees each year, prosecutors are now recommending defendants be released before trial. Any requests for bail must be based on evidence in the case.

Even if a prosecutor recommends releasing someone charged with a misdemeanor on his or her own recognizance, a judge can still choose to set whatever bail he or she wants. In the first week the new policy was in place, many Harris County judges pushed back on prosecutors, Ogg says, grilling them about why they werent recommending bail and in some cases ignoring their recommendations.

But Oggwho made bail reform a central issue in her campaign last yearhopes that as judges get used to the rare sight of prosecutors and defense attorneys agreeing on bail, theyll adjust to a new system.

Oggs decision comes as the county faces a high-profile class-action lawsuit over its bail practices. The lawsuit was filed by 22-year-old Maranda Lynn ODonnell, who was arrested in 2016 for driving with a suspended license and spent several days in a Harris County jail because she couldnt pay her $2,500 bond. ODonnell is arguing that it is unconstitutional for officials to jail someone for an inability to make a monetary payment.

During a hearing in the case this month, ODonnells attorneys played videos of judges callously setting bond amounts without even inquiring whether defendants had the means to pay them. Some of the bonds strain credulity, like $5,000 for someone arrested for illegally sleeping under a highway overpass. Ogg filed a pointed brief supporting the plaintiffs in the lawsuit. We do not want to administer punishment before the defendant has been adjudicated guilty, she wrote. It makes no sense to spend public funds to house misdemeanor offenders in a high-security penal facility when the crimes themselves may not merit jail time. Lawyers in the case say a ruling could come down at any time.

Ogg isnt the only DA whos made bail reform a priority. Earlier this month, Kim Foxx, the newly elected states attorney in Cook County, Illinois, which includes Chicago, announced her office will support the release of defendants who are locked up because they cant pay bonds amounting to less than $1,000. In Cook County, 250 to 300 people are jailed every day for misdemeanors under bonds of that value.

Foxx said she hopes those defendants will be able to get treatment services instead of languishing in a jail cell. This is a population who are disproportionately poor and also have some other underlying condition whether its a drug addiction or mental illness, she told the Chicago Tribune.

In San Franciscowhere another lawsuit against the bail system is working its way through the courtsDistrict Attorney George Gascn has called bail inherently unfair and archaic. In a statement issued to Slate, Gascn said, Defendants who pose little risk of re-offending, and who will appear for trial, should not remain in jail simply because they cannot afford bail.

Gascn and judicial officials in California started a pilot program using a computer algorithm to recommend bail amounts based on factors like pending charges and criminal records. The DAs office says the algorithm has led to twice the number of defendants being released before arraignment. But public defenders told the San Francisco Chronicle last year that some prosecutors still ask for high bail amounts even when the algorithm recommends release, and Gascn hasnt yet set any kind of departmentwide policy like the ones in Houston and Chicago.

Bail reform isnt just the province of big-city district attorneys. Last month, Christian Gossett, the DA in Winnebago County, Wisconsin, realized that many poor defendants who were arrested on weekends or holidays ended up sitting in jail because no prosecutors were available for a bond hearing; almost 80 percent of the arrestees were released on their own recognizance at their first hearing the next work day. In response, as Gossett explained in a letter to county judges, he waived all appearances by prosecutors for hearings on weekends and holidays, letting judges release low-level defendants right away.

The cases in question are those in which the individuals freedom currently hangs on their ability to post (typically) $150, $300 or $500 in cash, on a credit card or through a friend or family member, Gossett wrote in the letter. No other factor differentiates their ability to be released from custody than all other individuals taken into custody on similar misdemeanor offenses, hence my concern for equal protection.

Traditionally, its been rare for district attorneys to publicly criticize the money bail system as unfair and unjust, says Alec Karakatsanis, the founder of the criminal justice reform advocacy group Civil Rights Corps. Its one thing when activists say it, its another thing when its validated by the people in charge of the justice system, he said. It helps change the entire narrative when the chief law enforcement officers say it isnt fair and causes harm to our communities.

But Karakatsanis, one of the lawyers in the Houston bail lawsuit, cautions that even progressive policies like those set by Ogg and Foxx dont always make it to the courtroom. It can take some time for the policies of the head DA to sift down to the lower-level attorneys who actually try cases, he pointed out.

Meanwhile, some county sheriffs are also jumping on the reform bandwagon, in part because removing low-level pretrial offenders from their jails saves a lot of money and resources. Harris County Sheriff Ed Gonzalez and former San Francisco Sheriff Ross Mirkarimi have both openly supported lawsuits aimed at ending cash bail. Gonzalez even testified against Harris County in the lawsuit in his jurisdiction, telling the court, when most of the people in my jail are there because they cant afford to bond out, and when those people are disproportionately black and Hispanic, thats not a rational system. Mirkarimi pointed out that electronic monitoring technologies, which are being used in a growing number of court systems, make it easier to guarantee defendants come to court even if they dont have their money on the line.

The legal argument being tested in lawsuits like the one in Houston is that cash bail violates the Constitutions Equal Protection and Due Process clauses, as it provides a different set of judicial procedures for rich and poor defendants. The Supreme Court has ruled that bail amounts should be based on the circumstances of individual defendants, although it hasnt articulated a specific right to bail. Theres room to go further: In Indiana, for example, the state Supreme Court ruled last year that judges in almost all cases should not set any monetary bail unless defendants pose a substantial risk of flight or danger to themselves or others.

Broader changes could come to cash bail systems around the country if more judges make similar rulings. But Ogg and Foxx are showing that district attorneys shouldnt wait for that to happenprosecutors can and should prevent people accused of committing low-level crimes from being jailed due to a lack of money. Keeping people in jail just because theyre too poor to pay bail does not make the public safer, Ogg said. Its not the way our justice system was envisioned, and we can do better.

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Making Freedom Free - Slate Magazine