Two weeks ago, the newly-minted Attorney General, Pam Bondi, issued a newly-minted memorandum directed at federal prosecutors across the nation: General Policy Regarding Charging, Plea Negotiations, and Sentencing. The commandments echo similar memos from previous Republican administrations (think Ashcroft, not Holder), though the tone is, to be sure, original.
The main takeaways include this passage, which will affect every trial and plea negotiation:
[I]n the absence of unusual facts, prosecutors should charge and pursue the most serious, readily provable offense. The most serious offenses are those punishable by death, or those with the most significant mandatory minimum sentences (including under the Armed Career Criminal Act and 21 U.S.C. § 851) and the most substantial recommendation under the Sentencing Guidelines.
And this command targeted at sentencing recommendations:
In most cases, if charged appropriately based on the considerations set forth [in this memorandum], a sentence within the applicable recommended range of the U.S. Sentencing Guidelines will . . . be consistent with the factors listed in . . . the [Department pf] Justice Manual.
And, finally, we find this harsh directive aimed at immigration cases:
Consistent with the core principle of pursuing the most serious, readily provable offense, U.S. Attorney’s Offices and the other Department components shall pursue charges relating to criminal immigration-related violations when such violations are presented by federal, state, or local law enforcement or the Intelligence Community.
The memorandum is filled with grievances about the DOJ’s (alleged) recent history of weaponizing the criminal legal system against political foes, about local law enforcement agencies’ (alleged) complicity in unlawful immigration, and more. You will find the entire document here.
One last note: Our high-level sources have confirmed that the United States Attorney’s Office in the NDGA will provide a (very) limited period of time for lawyers and clients to accept plea offers that the government extended before the new memorandum arrived.