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Crime and the Crime Bill
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Crime and the Crime Bill
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Records of the Office of Communications (Clinton Administration)
Elisa Millsap's Files
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FOIA Number: 2009-1305-F
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the William J. Clinton
Presidential Library Staff.
Collection/Record Group:
Clinton Presidential Records
Subgroup/Office of Origin:
Legislative Affairs
Series/Staff Member:
Elisa Millsap
Subseries:
OA/ID Number:
6524
FolderID:
Folder Title:
Crime and the Crime Bill
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S
26
3
11
2
3 is A ea S to Pa riotism
In Pushing Crime Package
Key Provisions Identical to Past Proposals
By Ann Devroy and Michael Isikoff
Bush rejected those Democrat-pro-
Washington Post Staff Writers
posed elements in 1989 and 1990.
"One of the biggest reasons the
President Bush, dressing up last
returning veterans are not safe on
year's crime package in this year's
the street is because of these as-
surge of patriotism over the Persian
sault weapons," Biden said, not be-
Gulf War, called on the Democratic
cause too many appeals are being
Congress yesterday to honor the
filed by inmates or because a fed-
nation's veterans by giving them
eral death penalty is lacking for
"an America where it is safe to walk
some crimes.
on the streets."
Rep. Charles E. Schumer (D-
Bush's crime package, sent to
N.Y.), chairman of the House sub-
Congress yesterday, contains some
committee on crime, and other gun-
new twists but offers basically the
control supporters have called a
m.
same elements as a proposal sent to
news conference for today to an-
at
Capitol Hill in 1989 and last year.
nounce a major new push for the so-
E
"The truth is the vast majority of
called Brady bill-named for Ronald
these core proposals are identical to
Reagan's press secretary James
pl
those that we sent up two years
Brady, seriously wounded during the
Si
ago," Bush told an audience of law
1981 attempt on Reagan's life-im-
enforcement officials brought to the
posing a seven-day waiting period on
White House for the unveiling of the
handgun purchases.
и
package.
Among the new elements in
C
In his appearance before a joint
Bush's bill are proposals to impose
H
congressional session last week to
the death penalty for crimes involv-
report on the war, Bush called for
ing "weapons of mass destruction."
passage of vital legislation, such as
expanded mandatory sentences for
this crime package, within 100 days.
violators of federal firearms laws,
0
The major elements of the leg-
and a special exception on top of the
islation include reviving the federal
good faith exemption to the "ex-
death penalty to cover a broader
clusionary rule" that would permit
S
range of crimes from serious drug
firearms to be used as court evi-
1
offenses to treason, espionage and
dence even if they were seized il-
a
certain terrorist acts; altering court
legally by federal agents.
-
rules that ban illegally seized evi-
To prevent abuse, federal agents
dence to allow such evidence at trial
who illegally seized firearms could be
if police acted in "good faith" in seiz-
subject to possible administrative
ing it; and an effort to strictly limit
penalties, including suspension, ad-
ministered by the attorney general.
the number of appeals convicted
The "weapons of mass destruc-
federal prisoners can file.
tion" provision would cover the use
What is principally new between
I
of bombs, gas or radioactive mate-
last year-when controversial ele-
/
rials in crimes here or abroad and is
ments such as these were stripped
(
aimed at Iraqi terrorists and other
out of the bill in Congress-and this
groups that might use such meth-
year is the president's soaring pop-
ods, said Andrew G. McBride, as-
ularity in the wake of the gulf victory
sociate deputy attorney general. "If
and his repeated references to vet-
somebody blew up a Macy's or Met-
erans of that war in promoting the
ro Center right now, there's no
package.
death penalty," he said.
"We stood by our troops and today
The firearms proposals include a
it's time to stand up for America's
five-year mandatory sentence for
prosecutors and police," Bush said
any person previously convicted of
after opening his speech with a trib-
a drug offense or violent crime
ute to the Desert Storm veterans.
caught possessing a gun, doubling
Sen. Joseph R. Biden Jr. (D-Del.),
to 10 years the mandatory jail time
chairman of the Senate Judiciary
for using a semi-automatic firearm
Committee, suggested that war vic-
in a violent crime, and increasing
tory or not, Bush is likely to have
the penalties for theft of a firearm
the same problem this year with his
or knowingly making a false state-
crime package that he had last year.
ment while buying a firearm. These
Biden said the Democrats are
are all supported by the National
"ready right now" to approve vir-
Rifle Association, but NRA lobbyist
tually all the elements of the White
James Jay Baker said yesterday that
House bill, as long as Bush will ac-
the group is opposed to another
cept new federal controls on assault
provision that would bar the sale of
weapons and more federal funding
gun magazines that enable the fir-
for state and local law enforcement.
ing of more than 15 rounds.
WASH
POST
Senators Move on Crime Bill
Biden, Mitchell work on two different compromise efforts to pass gun control measure
Delaware, the other by Senate
ranking Republican committee
ure, and the competing proposal
majority leader George Mitchell
member. will meet to plan future
- defeated in the House - to re-
By Robert P. Hey
(D) of Maine.
action on the measure.
quire an instant check on wheth-
Staff writer of The Christian Science Monitor
President Bush previously sig-
Both Republicans and Demo-
er a would-be gun purchaser was
WASHINGTON
maled his willingness to compro-
crats want to be able to tell the
a criminal, in which case he would
mise during House consideration
voters in November of 1992 that
be ineligible to purchase a wea-
I
TS compromise time for gun
of the Brady bill, with its center-
they oppose crime; thus political
pon.
control.
piece seven-day delay before a
analysts expect Congress and the
Mitchell would institute a sev-
Advocates of the House-
handgun purchaser can pick up
president to reach accommoda-
en-dav waiting period to permit
approved Brady bill will have to
his weapon. The president said
tion before then on a compromise
that check, require that the check
compromise if the Senate is to
he might approve a gun control
measure.
be done (the Brady bill makes a
pass a handgun control bill, and
proposal if it were part of an over-
Biden has agreed to Bush's de-
check discretionary with local
if President Bush is to sign it.
all crime bill that was to his liking.
mand to have the Senate combine
officials). "encourage" states to
They know it. and two different
He asked Congress to approve
the Brady and crime measures.
computerize their criminal
compromise efforts now are
the crime measure by June 15.
However, the blending is unlikely
records, press all states to share
under way in the Senate. One is
Senator Biden has promised to
to occur in the Judiciary Commit-
these records with the federal
by Senate Judiciary Committee
move swiftly on the crime bill: His
tee. It is not expected to vote or
government. and provide federal
chairman Joseph Biden (D) of
committee is likely to complete
even hold hearings on the Brady
funds to meet computerization
action on it within a
bill, named for former presiden-
costs.
month. SO that the meas-
tial secretary Jim Brady, wound-
Mitchell says the Brady bill
ure could go to the Sen-
ed in the 1981 assassination at-
would not meet the objective of
ate floor by late June or
tempt on President Reagan.
preventing criminals from pur-
July. Whether in content
Committee sources say Biden
chasing handguns, in part be-
it will be close enough to
and others will wait until the
cause the identification check is
CSM
Mr. Bush's liking to gain
crime bill reaches the Senate floor
voluntary.
his support is difficult to
before trying to attach the Brady
He calls the instant check bill
know at this point.
seven-day waiting period to it.
"obviously unrealistic" because on
5/13
By the end of this
Numerous other amendments
average only 60 percent of states'
week more may be
are likely, including a gun control
criminal records are com-
known about both tim-
amendment by Senator Mitchell,
puterized: thus. in many states
ing and content. Follow-
if, meanwhile. he can muster suf-
there would not be a reliable
ing the committee's final
ficient support for his newly spel-
source of information with which
hearing on the crime bill
led-out compromise proposal.
to make an instant check. -\1 one
this Wednesday [May
At a Monitor breakfast the sen-
point Mitchell referred to the
151. Biden and Sen.
ator unveiled his five-point plan,
measure as the "NRA bill": the
Strom Thurmond of
which he savs combines features
National Rifle Association lobbied
South
Carolina,
the
of current law. the Brady meas-
heavily for it in the House.
62
A18
JOURNAL
TUESDAY.
STREET
12.
THE
REVIEW & OUTLOOK
War-Reparations
The-Tax-and-s
Need Not Bleed
The Crime Agenda
By STEPHEN MOORE
has the
Iraq's People
A and a half ago nothing would
The
19
leade
have seemed more improbable than'a hb
simply reluses to
Those civil libertarians who suffer
By JEFFREY
in his Gulf victory speech to Con-
eral New York Democrat spearheading a
cession. tax-reduction
Much has been written about whether
gress. President Bush laid down one
from proceduralitis will no doubt al-
populist tax-cut Initiative. except for a con-
lowering the excessive
Iraq should pay war reparations. but little
domestic marker: Pass a crime bill in
ways object to any move to dilute the
about how the reparations actually would-
servative Texas Republican leading the op-
capital th the U.S.
exclusionary rule. But Mr. Bush is
position. Yet today these,are precisely the
what WE are now with
Idays. And yesterday he offered up
be collected and the injured paid.
strange circumstances unfolding on Capitol
of the root canal Reput
a needest proposal: In gun-control vio
right that the Supreme Court has of-
Though parallel is often drawn with
Hill as Sen. Damel Patrick Moynihan con-
that pain IS the precur
lations. let the juries see all the evi-
ten said that nothing in the Constitu-
the German people's burdens after World
times to rally Democratic support for his
Luckily. within the
dence. Errant policemen could be dis-
tion requires the extreme step of sup-
War 1. Iraq should be considered differ
plan to provide 130 million working Ameri-
still an embattled pro
pressing improperly seized evidence.
ently. The allies imposed obligations on the
cans with Social Security tax relief. while
ing to promote an aggr
cigimed without excluding valid evi-
dence of a criminal's guilt. Legal
Indeed. the court has strongly urged
Germans that-could be met only by taxing
Sen. Phil Gramm. usually a champion of
program. There
their labor: But has a huge pool of lit
strategists will recognize this as a
the political branches of government
the free market. attempts to convince his
ideas. Delaware Sen.
erally liquid under its deserts that
Republican colleagues that now is not the
to expand taxpayer e:
Temahawk missile aimed at the ex-
to come up with what justices have
can be garnished to pay the injured.
ual retirement accoun
time to be cutting taxes.
clusionary rule.
called "more efficacious sanction."
Garnishing oil reserves is morally dif-
If. as some suspect, Sen. Moynihan's
ings. Wisconsin Sen. E
So it IS not quite true that the Pres-
So the Bush proposal sets up sanc-
ferent from taxing the-labor of a nation: It
principal objective in proposing his tax re.
Rep. Dick Armey are
ident has 1:0 domestic agenda. We do
tions to punish federal agents who
IS more closely analogous to seizing money
duction scheme last year was to create tur.
can version of payrol
think he needs an economic policy. As
commit unlawful searches and sei-
in bank accounts. and as a technical mat-
moil within the Republican,ranks, then he
ambitious of all, Wy,
ter can be-accomplished about as easily.
Stephen Moore demonstrates along-
zures and also creates a way to com-
has succeeded in spades:- a remarkable
The United Nations can garnish a percent
size. while Budget Director Richard
pensate the innocent victims. The bill
Senate vote late last year, two-thirds of the
How Bush Co
age of each shipment of Iragi oil by tanker
would set up a Justice Department
Republicans opposed the Moynihan tax
Parman was out negotiating tax in-
or pipeline, for a term of years. making
Taxes and Spending b:
rollback plan. while the "tax-and-spend"
creases. federal spending has been
Review Board to oversee this alterna-
the purchaser's receipt of its shipment con-
Democrats overwhelmingly backed it. For
(Annual averages. fisc
running out of control. The much-be-
tive to the exclusionary rule. This
stingent' on paying the garnishment into a
the first time in more than a decade it was
meaned $300 billion deficit is almost
group would impose disciplinary ac-
U.N. account. The fixing of the percentage
the Republicans. not the Democrats. who
exactly equal to the S300 billion spend-
tion directly on the federal agents who
to be garnished and the term of years is
aligned themselves against the Interests of
IRE increase under Bush-Darman
broke the rules. It would also adminis-
for the Security Comell to decide. under
taxpayers
the authority of customary international
budget scrutiny.
ter a new program to pay damages to
The Republicans rejection of payroll
1990-91 Bush
law and recent resolutions.
Still, the crime agenda is not noth-
the people who suffered unlawful
tax cuts for middle-income workers is only
1982-89 Reagan
The world community would debate and
the latest example of the party's full-scale
it.g. The Republic certainly does need
searches or seizures.
decide on a fair amount to set aside for
1978-81 Carter
retreat from its pro-growth fiscal agenda.
the "domestic tranquility envisioned
For the first time, then. we would
damages. in light of the horror of Iraqi
Since 1980 when Ronald Reagan and Jack
1976-77 Ford
by the Founding Fathers. Making the
end the situation where when two peo-
atrecities For example, since Iraq is con-
Kemp persuaded old-guard Republicans to
sidered to have spent half or more of its oil
1970-75 Nixon
criminal-justice system work and re-
ple commit offenses-the criminal
shed the party's politics of austerity for the
ducing the crime problem would cer-
and the law-enforcement officer-both
wealth on its war machine for the past dec.
politics of growth. the single defining issue
1965-69 Johnson
minly serve the public interest. It
get to go free. The criminal can be
ade, assigning a similar percentage over a
for the GOP has been its staunchly anti-tax
period Wyears to compensate the people
1962-64 Kennedy
would also be a big political issue, as
convicted because the jury can see the
posture. But with President Bush raising
injured by that war machine could hardly.
Willie Horton demonstrated. And the
evidence. Then the officer would be
taxes last year and Republicans opposing
1954-61 Eisenhowe
be thought unfair. Iraq would have the
tax cuts this year. it is now time to ask the
way to start is try ending the notion of
subjected to internal punishment.
same percentage cicil wealth available for
1946-53
T
I
unavoidable question: Is the GOP still an
excluding evidence instead of disci-
As remarkable as this proposal IS.
civilian uses that it had What-
anti-tax party?
1990-93 estimate
plining policemen. This is a peculiar-
It could go further. We don't know
ever percentage was decided. the world
Sources National Center 10:
ity of the American criminal-justice
community could strike a rough balance:
The accompanying table would suggest
Congressions Budget Office
why guns should be the only evidence
system. applied by the Supreme Court
between the needs of the injured and Iraq 8
it is not. Thanks to George Bush's approval
subject to this alternative. Why not
need to rebuild.
of-last year's $170 billion tax hike, the av.
to the states only in 1961. and since
Once the world community makes the
erage tax burden on working Americans
Wallop and Texas F.
also include evidence of drugs, knives,
lead pipes? For that matter, SO long
decision that reparations must be paid and
during this Republican president's watch
introduced legislatic
elaborated into Miranda warning
ri.es and other ludicrous extremes.
sets the percentage, the more important
will be heavier than under any other mod-
the capital-gains rat
as confessions are voluntary why ban
I'm not a lawyer. but I put great
question arises of how to get the money to
"ern president-including Jimmy Carter.
tax rehef through
them just because the Miranda warn-
stick in common sense." President
the people-entitled to it.
Yet when Mr. Bush unveiled his postwar
and tax incentives
ing is garbled? Indeed. why not allow
domestic agenda last week. among the
Their problem 15
told a gathering of state attor-
There has been a tacit assumption in
all relevant evidence of a crime to go
the international law community that the
vast assortment of issues mentioned-edu-
thwarted at every
news general. "And it never did make
Mitchell and Torn F
sense that because a policeman has
to juries regardless of errors by law
model would be the widely praised Iran-
cation. crime. housing. transportation-tax
enforcement.
relief was notably absent.
gent "no-growth." b.
U.S. Claims Tribunal, but IS not a good
made a mistake. a dangerous crimi-
own party. Tre
The other problem. of course. is
model for Iraq atrocity claims. In the Iran
The Back Burner
olas Bradyland othe
nal can get off scot-free. The Supreme
that some 95% of crimes are tried in
situation. there were complex legal issues
True. the administration IS still calling
men. for-instance.
Court has invited legislative experi-
mentation with a direct action to pre-
state courts. not in federal court. The
raised by both sides. and real disputes
for. reduction in the capital-gains tax
Congress to leave
over contract performance. An adversarial
vent illegal searches and seizures.
bill includes language aimed at state
But-by banishing the issue to the
1991.
proceeding. with Iran represented on the
back burner of a national study commis
The Republican
And so today. I'm announcing that we
and federal judges reminding them
arbitration. panel. made sense.
sion. It has virtually guaranteed that the
Hill is also fighting
are accepting that invitation.'
that the exclusionary rule is not a con-
The payment of claims for wartime
White House won't be leading any growth-
legislative table ano
Yesterday's Bush proposal. which
stitutional requirement SO long as
atrocides is both morally and technically
oriented economic agenda this year.
even resorting to dis
Attorney General Dick Thornburgh
there is a better way in place to pun-
different.from.tt settlement of transna--
For Republicans. reveling in their for-
guments to make it
and his top aides devised over the
ish errant policemen. This is a not-so-
tional contract performance disputes. The
eign policy triumphs. this absence of a pro-
liam Gradison. for
subtle hint that the states can abolish
legal issue of whether atrocity victims
past few weeks. says that when fed-
growth agenda should be more troubling
nority member of 1
their own exclusionary rules by adopt-
should get compensation has been decided.
than it seems to be. They should have been
mittee. recently urs
eral agents commit a Fourth Amend-
ing similar methods of disciplining of-
All that remains is to determine whether
jolted late/last year when public opinion
leagues in the Hou
ment violation in seizing a firearm,
each individual claimant did in fact suffer
the evidence can still be given to the
ficers and compensating victims.
pulls. taken shortly after Mr. Bush agreed
roll tax cuts becau
and what is the fair amount that should be
to $170 billion in new taxes. revealed that
ward pressure on it
jury in two situations. One is where
All this could come in time if the
received. recognizing that the reparation
for the-first time since the late 1970s.
est rates. and
the gun was used during a violent
initial Bush proposal is passed and
fund IS not unlimited. These are not the de-
Americans are equally divided as to
omy." If these are
crime or serious drug offense. Also,
works in practice. and it is of course
cisions for which an adversarial tribunal IS
whether they think the Democrats or the
famillar. that's bec:
politically clever to link the Issue with
needed:
regardless of the offense. when the de-
Republicans are better able to manage the
the attacks that libe
the liberal pet cause of gun control.
Fixing the total:sum to be taken by:
economy. These pull results contain the
Kemp-Roth.
fendant IS already disqualified by fed-
garnishment would have real advantages.
But the important point IS Judge Car-
seeds of a crisis for Republicans. The
But by far the n
eral law from possessing a firearm-
First, the question of how to avoid exces.
party's longtime asset, its handling of the
pro-growth forces
category that includes everyone who
dozo's classic remark that it makes
sive compensation would be settled at the
economy. IS in jeopardy of becoming a lia-
the defection of I
has already been convicted of a fel-
no sense to say "the criminal IS to go
ontset. Second. with the total sum fixed.
bility.
past decade Sen. G
eny. which means all repeat crimi-
free because the constable has blun-
the priority would shift to hearing and de-
Richard Rahn. chief economist for the
Norman Schwarzk
nals. Call this real gun control.
dered.'
termining the validity of claims as quickly
Chamber of Commerce and an economic
vative movement.
as possible. The model would be not a
consultant to the Bush campaign in 1988,
chilect of the thre.
court-but a claims settlement bureau.
The primary remaining considerations