There is a lie that's being perpetuated: after the old crack law was found to be unconstitutional and racist on its face and made retroactive via The First Step Act, the African-American prisoners who were crushed by the law in the form of draconian prison sentences (for a handful of crack) were released from prison.

WRONG.

Yes, that crack cocaine was punished 100 times more harshly than powered cocaine, was found to be a racist law that destroyed the African-American community.

Yes, the First Step Act made the change in the law that reversed this injustice retroactive. But it did not grant Black prisoners, who are serving decades in federal prison under a law that has been found unconstitutional and racist, their freedom. 

In particular, the sentencing judge has near-untrammeled discretion to deny a sentence reduction or immediate release - and excercise that discretion they do.

It works like this. A Black man was given 40 years in federal prison, with no parole, for a handful crack. After the punishment scheme was found to be unconstitutional, the prisoner's new sentencing range under the new law was seven years in prison, down from 40 years in prison.  The prisoner has been in prison for 20 years. Thus, he asks, in a motion filed with the court, for immediate release. Not so fast.

If the judge finds that releasing the prisoner or reducing his sentence under the new law, would put the "public in danger, " then the judge can deny the prisoner relief, even though he’s serving an illegal prison sentence under a law that has been found to be unconstitutional & racist.

To convince the judge not to release the prisoner or even reduce his sentence, the federal prosecutor files his own legal brief. The prosecution vehemently opposes any such relief, taking the position that it would put the "public at risk." To support its position, the prosecution, absurdly, highlights 30- to 40-year-old juveline charges, dismissed charges, uncharged crimes, and petty prison disciplinary reports.

The judge agrees with the prosecution: releasing the prisoner would put the "public at risk." Motion denied. Case closed. Never mind the law was found to be unfair.

There are thousands of prisoners who were sentenced under the old crack law, which has been found to be wholly without legal or scientific basis, resulting in the law being reversed. 

People are buying into the lie that The First Step Act once and for all, reversed this senseless law. Yes, some people were released, but many are languishing in prison because they were deemed a "threat to the public", largely based on irrelevant information and petty prison disciplinary reports. 

We implore you to support our push to help these men and women receive a sentencing commutation from the President of the U.S.