Politics
Column: Tinkering with Prop. 47 won't lower crime. Fixing San Quentin will
In 2020, after the tragic murder of George Floyd, there was a moment when it seemed as if America, California included, was ready to reform our broken and discriminatory criminal justice system.
In 2024, as the California Legislature returns from vacation, criminal justice is once again at the forefront. But now, the proverbial pendulum has swung and a new tough-on-crime era seems to be creeping up through the cracks of our good intentions.
Proposition 47, which helped lower California’s prison population by changing certain nonviolent crimes from felonies to misdemeanors, is likely to be rolled back, if not undone this year.
The California Highway Patrol has been called in to stop retail theft, despite the fact that no one is entirely sure just how big a problem it is.
Drug dealers are being charged with murder as deaths from fentanyl overdoses continue to spike, a new tactic in a new war on drugs, little different from the one that led to overincarceration of Black and brown people during the crack epidemic of the ’80s when we insisted we could arrest our way out of poverty and addiction.
It is a troubling reversal of both attitude and reform that, as history has proven, will not lead to the safer communities we all want.
But what is about to happen inside San Quentin State Prison has the potential to fundamentally change crime and punishment in the Golden State, and beyond.
Because as much as we want to believe that a single law, more police or a tougher sentence can protect us, the truth is that the best way to cut crime is to stop it from happening in the first place — not with the pounding fist of punishment that for decades has left us with jails and prisons where more than a third of people return within a few years of release.
But instead by helping people to find other paths, and giving them opportunities to survive in ways that uplift rather than prey upon our communities — an approach with proven results both in the U.S. and other countries, where incarceration decades ago embraced rehabilitation not as an option but a mandate.
Last year, Gov. Gavin Newsom announced that he wanted to transform San Quentin, California’s oldest and most famous prison, into a new kind of incarceration facility modeled after Scandinavian principles of rehabilitation, where that mandate for changing lives is written into law.
With his love of catchphrases, he dubbed it the California Model and left the details for later. On Friday, a long-awaited explanation of what the California Model will look like in practice was released, providing both an ideal and a blueprint for what is a radical, subversive and important shift in what it means to be in prison.
“This is a big deal,” Darrell Steinberg told me. He helped chair the committee that created the recommendations, and is the mayor of Sacramento, a city as plagued as any by the drug addiction, mental illness and homelessness that have driven much of the shift in attitudes around crime. So he knows as well as any that voters want results, not experiments.
“This will enhance public safety for the self-evident reason that when people have the tools to succeed on the outside they will have better lives and are much less likely to commit another crime,” he said.
It is visionary, he said, but also doable.
A core part of the transition involves changing the job of correctional officers from enforcers and adversaries to participants in rehabilitation, a metamorphosis that the union representing correctional officers supports. Under the plan, officers would take college-level classes on trauma-informed practices, and be expected to interact with inmates as mentors and guides.
San Quentin itself would also receive a makeover, albeit one curtailed by our current economic realities. Cramped cells that currently house two people in 46 square feet, about half the size of a decent bathroom, would be removed to allow for single-occupancy spaces that Steinberg said are the minimum dignity demands.
Correctional officers would also see an upgrade. Housing prices are so high in Marin County, where San Quentin is located, that it is impossible for many to live close enough for a daily shift (a two-bedroom averages more than $3,000 a month), leaving them with hours-long commutes.
So some officers have resorted to “dry camping” in trailers with homeless-like conditions that lack running water, electricity or even sewers. They are packing a week’s worth of work into a few days just to get by. The new plan would give correctional officers a campground with basic facilities and access to showers and safe spaces to relax — perhaps making the job less stressful.
For incarcerated people, the change will mean that on Day 1 of their sentences, there is a coordinated effort to arrange services — mental health care, education, job training, substance abuse treatment. And that there are people to implement those plans, and support them.
While that seems basic, it doesn’t happen now. People are largely left to their own devices to navigate an opaque and inefficient system that is so archaic that some of it isn’t even computerized. Wait lists are long and information can be hard to come by.
If the ideas laid out in the plan makes it through the upcoming budget negotiations (in a year with a large and unexpected deficit), it will be a culture change inside the most infamous prison in the country’s second-largest state prison system (Texas is the only state with a larger incarcerated population).
Though taking the California Model from paper to practice is the work of years, the proposal for San Quentin has the potential to be the largest and most meaningful criminal justice reform in decades — if we get it right, which of course is always an if when it comes to government.
But it is a big swing with the potential for real payoff — not the knee-jerk anger and fear of proposals like gutting Proposition 47, which will only repeat the mistakes of the past.
There will always be predators and there will always be crime. And admittedly, it all sounds touchy-feely and nebulous, like we are about to spend a bunch on money on holding criminals’ hands while they talk about their childhoods and get their GED.
And to be honest, that’s part of it, one we shouldn’t ignore.
At its root, the California Model is about dignity and compassion, creating policy around the belief that healing isn’t just for the innocent, and it isn’t soft.
Fixing humans, especially ones broken enough to hurt others, is the hardest of tasks.
But it can be done.
And if California turns San Quentin into a place where that happens, we will all be safer.
Politics
Trump ally diGenova tapped to lead DOJ probe into Brennan over Russia probe origins
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The Justice Department is turning to former Trump attorney Joeseph diGenova to spearhead a probe into ex-CIA Director John Brennan and others over the origins of the Trump-Russia investigation, as the department reshuffles leadership of the sprawling inquiry.
Acting Attorney General Todd Blanche has tapped diGenova to serve as counsel overseeing the matter, according to a New York Times report, putting a former Trump attorney in a key role in the high-profile probe. A federal grand jury seated in Miami has been impaneled since late last year.
The Department of Justice did not immediately respond to Fox News Digital’s request for comment.
DOJ ACTIVELY PREPARING TO ISSUE GRAND JURY SUBPOENAS RELATING TO JOHN BRENNAN INVESTIGATION: SOURCES
Joseph diGenova represented President Donald Trump during special counsel Robert Mueller’s investigation. (Tom Williams/CQ-Roll Call/Getty Images)
DiGenova, a former U.S. attorney in Washington, D.C., who represented Trump during special counsel Robert Mueller’s investigation, has repeatedly accused Brennan of misconduct tied to the origins of the Russia probe—allegations that have not resulted in criminal charges.
He also said in a 2018 appearance on Fox News that Brennan colluded with the FBI and DOJ to frame Trump.
The origins of the Russia investigation have been the subject of ongoing scrutiny by Trump allies, who have argued that intelligence and law enforcement officials improperly launched the probe.
BRENNAN INDICTMENT COULD COME WITHIN ‘WEEKS’ AS PROSECUTORS REQUEST OFFICIAL TRANSCRIPTS
Joseph diGenova has previously said that ex-CIA chief John Brennan colluded with the FBI and DOJ to frame Trump. (Tom Williams/CQ-Roll Call/Getty Images)
DiGenova’s appointment follows the ouster of Maria Medetis Long, a national security prosecutor in the South Florida U.S. attorney’s office. She had been overseeing the inquiry, including a false statements probe related to Brennan and broader conspiracy-related investigations.
As the investigation continues, federal investigators have issued subpoenas seeking information related to intelligence assessments of Russian interference in the 2016 election.
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John Brennan has denied any wrongdoing related to the Russia investigation. (William B. Plowman/NBC/NBC NewsWire via Getty Images; Alex Wong/Getty Images)
Brennan has previously denied wrongdoing related to the Russia investigation and has defended the intelligence community’s assessment that Moscow interfered in the 2016 election.
Politics
Supreme Court weighs phone searches to find criminals amid complaints of ‘digital dragnets’
WASHINGTON — A man carrying a gun and a cellphone entered a federal credit union in a small town in central Virginia in May 2019 and demanded cash.
He left with $195,000 in a bag and no clue to his identity. But his smartphone was keeping track of him.
What happened next could yield a landmark ruling from the Supreme Court on the 4th Amendment and its restrictions against “unreasonable searches.” The court will hear arguments on the issue on April 27.
Typically, police use tips or leads to find suspects, then seek a search warrant from a judge to enter a house or other private area to seize the evidence that can prove a crime.
Civil libertarians say the new “digital dragnets” work in reverse.
“It’s grab the data and search first. Suspicion later. That’s opposite of how our system has worked, and it’s really dangerous,” said Jake Laperruque, an attorney for the Center for Democracy & Technology.
But these new data scans can be effective in finding criminals.
Lacking leads in the Virginia bank robbery, a police detective turned to what one judge in the case called a “groundbreaking investigative tool … enabling the relentless collection of eerily precise location data.”
Cellphones can be tracked through towers, and Google stored this location history data for hundreds of millions of users. The detective sent Google a demand for information known as a “geofence warrant,” referring to a virtual fence around a particular geographic area at a specific time.
The officer sought phones that were within 150 yards of the bank during the hour of the robbery. He used that data to locate Okello Chatrie, then obtained a search warrant of his home where the cash and the holdup notes were found.
Chatrie entered a conditional guilty plea, but the Supreme Court will hear his appeal next week.
The justices agreed to decide whether geofence warrants violate the 4th Amendment.
The outcome may go beyond location tracking. At issue more broadly is the legal status of the vast amount of privately stored data that can be easily scanned.
This may include words or phrases found in Google searches or in emails. For example, investigators may want to know who searched for a particular address in the weeks before an arson or a murder took place there or who searched for information on making a particular type of bomb.
Judges are deeply divided on how this fits with the 4th Amendment.
Two years ago, the conservative U.S. Court of Appeals for the 5th Circuit in New Orleans ruled “geofence warrants are general warrants categorically prohibited by the 4th Amendment.”
Chief Justice John Roberts sided with the court’s liberals in a 4th Amendment privacy case in 2018.
(Alex Wong / Getty Images)
Historians of the 4th Amendment say the constitutional ban on “unreasonable searches and seizures” arose from the anger in the American colonies over British officers using general warrants to search homes and stores even when they had no reason to suspect any particular person of wrongdoing.
The National Assn. of Criminal Defense Lawyers relies on that contention in opposing geofence warrants.
Its lawyers argued the government obtained Chatrie’s “private location information … with an unconstitutional general warrant that compelled Google to conduct a fishing expedition through millions of Google accounts, without any basis for believing that any one of them would contain incriminating evidence.”
Meanwhile, the more liberal 4th Circuit in Virginia divided 7-7 to reject Chatrie’s appeal. Several judges explained the law was not clear, and the police officer had done nothing wrong.
“There was no search here,” Judge J. Harvie Wilkinson wrote in a concurring opinion that defended the use of this tracking data.
He pointed to Supreme Court rulings in the 1970s declaring that check records held by a bank or dialing records held by a phone company were not private and could be searched by investigators without a warrant.
Chatrie had agreed to having his location records held by Google. If financial records for several months are not private, the judge wrote, “surely this request for a two-hour snapshot of one’s public movements” is not private either.
Google changed its policy in 2023 and no longer stores location history data for all of its users. But cellphone carriers continue to receive warrants that seek tracking data.
Wilkinson, a prominent conservative from the Reagan era, also argued it would be a mistake for the courts to “frustrate law enforcement’s ability to keep pace with tech-savvy criminals” or cause “more cold cases to go unsolved. Think of a murder where the culprit leaves behind his encrypted phone and nothing else. No fingerprints, no witnesses, no murder weapon. But because the killer allowed Google to track his location, a geofence warrant can crack the case,” he wrote.
Judges in Los Angeles upheld the use of a geofence warrant to find and convict two men for a robbery and murder in a bank parking lot in Paramount.
The victim, Adbadalla Thabet, collected cash from gas stations in Downey, Bellflower, Compton and Lynwood early in the morning before driving to the bank.
After he was robbed and shot, a Los Angeles County sheriff’s detective found video surveillance that showed he had been followed by two cars whose license plates could not be seen.
The detective then sought a geofence warrant from a Superior Court judge that asked Google for location data for six designated spots on the morning of the murder.
That led to the identification of Daniel Meza and Walter Meneses, who pleaded guilty to the crimes. A California Court of Appeal rejected their 4th Amendment claim in 2023, even though the judges said they had legal doubts about the “novelty of the particular surveillance technique at issue.”
The Supreme Court has also been split on how to apply the 4th Amendment to new types of surveillance.
By a 5-4 vote, the court in 2018 ruled the FBI should have obtained a search warrant before it required a cellphone company to turn over 127 days of records for Timothy Carpenter, a suspect in a series of store robberies in Michigan.
The data confirmed Carpenter was nearby when four of the stores were robbed.
Chief Justice John G. Roberts, joined by four liberal justices, said this lengthy surveillance violated privacy rights protected by the 4th Amendment.
The “seismic shifts in technology” could permit total surveillance of the public, Roberts wrote, and “we decline to grant the state unrestricted access” to these databases.
But he described the Carpenter decision as “narrow” because it turned on the many weeks of surveillance data.
In dissent, four conservatives questioned how tracking someone’s driving violates their privacy. Surveillance cameras and license plate readers are commonly used by investigators and have rarely been challenged.
Solicitor Gen. D. John Sauer relies on that argument in his defense of Chatrie’s conviction. “An individual has no reasonable expectation of privacy in movements that anyone could see,” he wrote.
The justices will issue a decision by the end of June.
Politics
Trump renews bridge, power plant threat against Iran in push for deal, mocks ‘tough guy’ IRGC
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President Donald Trump mocked the Islamic Revolutionary Guard on Sunday morning for staking claim to a Strait of Hormuz “blockade” the U.S. military had already put in place.
“Iran recently announced that they were closing the Strait, which is strange, because our BLOCKADE has already closed it,” Trump wrote on Truth Social. “They’re helping us without knowing, and they are the ones that lose with the closed passage, $500 Million Dollars a day! The United States loses nothing.
“In fact, many Ships are headed, right now, to the U.S., Texas, Louisiana, and Alaska, to load up, compliments of the IRGC, always wanting to be ‘the tough guy!’”
Trump declared Saturday’s IRGC fire was “a total violation” of the ceasefire.
“Iran decided to fire bullets yesterday in the Strait of Hormuz — A Total Violation of our Ceasefire Agreement!” his post began.
“Many of them were aimed at a French Ship, and a Freighter from the United Kingdom. That wasn’t nice, was it? My Representatives are going to Islamabad, Pakistan — They will be there tomorrow evening, for Negotiations.”
Trump remains hopeful about diplomacy, but is not ruling out a return to force, where he once warned about ending “civilation” in Iran as they know it.
“We’re offering a very fair and reasonable DEAL, and I hope they take it because, if they don’t, the United States is going to knock out every single Power Plant, and every single Bridge, in Iran,” Trump’s stern warning continued.
“NO MORE MR. NICE GUY!
“They’ll come down fast, they’ll come down easy and, if they don’t take the DEAL, it will be my Honor to do what has to be done, which should have been done to Iran, by other Presidents, for the last 47 years. IT’S TIME FOR THE IRAN KILLING MACHINE TO END!”
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