Sterling was counsel to the House Judiciary Committee in 1986 and helped develop the mandatory minimum sentences that sent these persons to prison for decades-long sentences. From 1979 to 1989, he was responsible for Federal anti-drug matters for the committee, among other issues.

“President Clinton has shown great political courage for releasing Amy Pofahl, Serena Nunn, Louise House, Shawndra Mills and Alain Orozco – low-level, non-violent, first-time offenders convicted under the mandatory minimum laws of the 1980s. The framers of the Constitution gave the President the pardon power in the same section of the Constitution that makes him Commander-in-Chief (Art. II, Sec. 2. first sentence). It is a very important power.

“The President plays a vital role in our system of justice – not only overseeing the prosecutors, but correcting miscarriages of justice and expressing mercy on behalf of the entire nation. Congress hastily handcuffed the Federal judiciary with the mandatory minimum sentences of the 1980s. Though these laws have been condemned by Chief Justice Rehnquist and most of the Federal judiciary, by law professors, by numerous legal and lay observers, Congress has failed to reform them, fearing the label ‘soft on drugs.’ Only the President has the power to correct the individual injustices or to express the mercy of the nation toward those who don’t belong in prison.

“The year 2000 is a Jubilee year in Judaism and Christianity. People of faith are called upon in this year to forgive debt and to free prisoners (Leviticus 25:10).

“There were 40,000 Federal prisoners in 1986 when these laws were passed, there are 143,000 prisoners today, over 80,000 of them drug prisoners. The U.S. Sentencing Commission has found that 55% of the Federal prisoners are low-level offenders, but they are often serving sentences of 10, 20 or more years. Over the next six months the President should free thousands of prisoners who have served at least five years in prison, who have no prior records, who did not use violence, and who were low-level offenders.

“Congress should take the cue from the President and eliminate the mandatory minimum sentences. Let us trust judges appointed by the President and confirmed by the U.S. Senate to identify and properly punish major offenders pursuant to sentencing guidelines. Mandatory minimum sentences do more harm than good,” said Sterling.

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Eric E. Sterling, an attorney, was counsel to the U.S. House Judiciary Committee from 1979 to 1989, where he was principally responsible for anti-drug legislation and other anti-crime matters. Since 1989, he has been President of The Criminal Justice Policy Foundation, a non-profit center that promotes innovative solutions to criminal justice problems.