You're listening to Bloomberg Law. I'm June Grasso. With less than two weeks left in his administration, President Barack Obama made history by becoming the first sitting president to write a law review article. He wrote the article for the Harvard Law Review, where he made history as a student by becoming the first black president of a legal journal. In the article is entitled the President's Role in Advancing Criminal Justice Reform, and it touts his administration's reforms of
the criminal justice system, among other things. My guest is Michael sell Me, professor at George Washington University Law School. Mike, we've seen President Obama trying in various ways to preserve his legacy. What's your reaction to this writing of a law review article touting his reforms in criminal justice. Well, it's a very interesting test that he took on writing a law article. And by the nature of lariev articles,
it's actually quite long. Um Larva articles tend to be around fifty pages, and this one is um fully footnoted, and so he really, um, you know, took the time to document what they have done in the criminal justice area and clearly within intent both to you know, preserve his legacy, but also I think to give a signal of the things that advocacy groups likely can do to try and preserve much of what the Obama administration has accomplished.
The president's chief legal advisor said that Obama also hoped the article would give the issue of criminal justice reform momentum as he leaves office. As as you just indicated, is that likely since the incoming president ran on a tough law and order platform and his selection for Attorney General, Senator Jeff Sessions, has, among other things, been one of
the opponents of bipartisan sentencing reform. Yes. Um, it certainly seems that the agenda that is laid out in the article is quite contrary to the agenda that the Trump administration is bringing in. But it's not so clear to
me that they will try to undo all that's been done. Um, particularly uh the emphasis on re entry of individuals who have gone through the criminal justice system, some of the bann the box where employers, and this has happened nationwide, have agreed not to hold criminal convictions against against applicants and also not to take into account that they might be unemployed when they're applying, and those initiatives which are good for the economy and also help relieve some of
the stigma of the criminal justice system may be preserved, and as well as some of the reduction in the criminal population in terms of prison the prison population in particular, which is also something that's been happening around the country. One of the things that was interesting in terms of the report is it does a lot of what the above administration has done and it's not clear who caused it.
Has also have been done in local and state jurisdictions around the country, and a lot of the initiatives have been as cost savants, and that's been true with an effort to reduce the prison population. So those things there will be interesting to see whether the momentum continues or not. Are there certain things that President Obama has done as far as you know what his heart felt concerns about reducing harsh sentences and are there certain things that cannot
be undone by the incoming administration. I don't. I don't know that there's anything that can't be undone in terms of the initiative. Certainly some of the things that they've accomplished and uh that's already passed can't be undone. One of the things that also comes across in the report is that the President of the executive branch has limited authority in this area, and a lot of the initiatives that the administration implemented were as a result of their
prosecutorial discrestion um. And that is certainly something that can change overnight. Es such as the epicus that prosecutors might put on which climbs to prosecute, which sentences to um seek, what plea deals to take, and the like um. And the President did lament in the article that he wasn't able to accomplish more given the resistance from Congress, in particularly with respect of sensing reform UM. And that's something that you know is probably unlikely to be picked up
anytime soon. But again, there is a nationwide movement to um reduce some of the harshness of the sentences from the sentencing acts that we're passing the eighties and nineties tell us a little bit about the police initiatives. Yeah, and this is another one where there's been some clear differences with the incoming administration. So one of the hallmarks of the administration's efforts, and this is slightly different than
the Criminal Justice reform. But it's referenced in the article is that the administration has been quite active and investigating police departments for discriminatory conduct and for excessive force UM. And they have probably been more active than any other administration, particularly towards the end of this administration. And they have sought to institute some reforms in particular police apartments, but also with task Force and the like in police departments
nationwide to reduce UM shootings and excessive force. And the Trump administration has UM at least during the campaign, was much more supportive of the police departments UM and less critical than the Obama administration has been. And that's another area that could be changed. But in certainly in some of the jurisdictions UM, the consent decrees already in place, and the investigations are completed, and those initiatives certainly go forward.
Do you expect to see when Senator Jeff Sessions is questioned as his in his fourth coming or as a nominee for Attorney general? Do you expect to see him questioned about police and initiatives and civil rights investigations? Oh?
I certainly would expect that the controversy with his appointment largely has to do with his positions on civil rights issues, and these initiatives are largely traditional civil rights initiatives focusing on the treatment of African American, particularly African American men by police departments. And I would think it would be an area of inquiry um and controversies that may come
up during the hearings. It's also another thing it's highlighted in the report, but it's not addressed in detail, but again giving signals to the abbassies groups and those who might be opposing UM centers sessions, UH that these are issues that should be you know, preserved and also should be a focus of the confirmation hearings. There's also what President Obama didn't talk about, and one of the areas that some had hoped to see him talk about was
capital punishment. Do you do you do you believe that it's because he doesn't his opinion has not changed, or because he didn't want to tackle that At this point, I don't know the reason why it's not discussed. One of the thing that's interesting with respect capital punishment is that the number of executions, in the number of death ends is handed out have dramatically declined around the country. There's only a handful of jurisdictions that actively are seeking
definitely or an executing individuals. So it seems like it's become less of an issue nationwide, and that might be one of the reasons why he didn't address it. And the federal government has limited authority, I mean, there's only certain crimes that that settle government can pursue the definitely, it's much more of a state issue, So that could be another possible reason. He He also seemed to be explaining why he hasn't been on the record for a
lot of different things. He said, presidents are not private citizens. We have to be careful about speaking about legal matters before all the facts are in. It is that message to the incoming president as well. Oh, it almost certainly is a message to the incoming president. And also I think he is trying to um address some of his critics and I've been critical in some respects of some of his civil rights policies for him not having done more,
although he has they have ramping the last couple of years. UM, but he has received criticism from the left for some of his policon I think he is also trying to explain why he maybe wasn't more active on some perious um. That is, you know the limits of the office. But I think you're also it's also correct that is a message to the incoming president. Well, thank you for being on with us. Michael Sell me professor at George Washington
University Law School. And this is actually a law review article that the average person can read and uh and get through quite easily because it's not your typical law review article coming up on Bloomberg Law. Star Trek has been a cult phenomenon for decades. Paramount Pictures and CBS just got the upper hand in a court fight to protect their money making franchise and stop an unauthorized fan made prequel to the nineteen sixties Star Trek series. I'm John Grosso. This is Bloomberg