'A Christmas miracle': DOJ overturns prior memo, allowing prisoners transferred home during COVID to stay there
In what NPR calls a "rare reconsideration," the U.S. Justice Department's Office of Legal Counsel (OLC) has concluded the Bureau of Prisons has the "discretion" to permit the low-risk inmates released from prison and placed in "extended home confinement" to remain there once the COVID-19 emergency ends.
This reversal of a previous, Trump administration memo was engineered by Attorney General Merrick Garland, who "asked the OLC to reconsider the issue after personally reviewing the law," NPR reports. The decision arrives after "months of intense pressure from a coalition of advocates across the political spectrum." Inmates were sent home originally to ease crowding during the pandemic.
"Thousands of people on home confinement have reconnected with their families, have found gainful employment, and have followed the rules," Garland said in a statement. "We will exercise our authority so that those who have made rehabilitative progress and complied with the conditions of home confinement, and who in the interests of justice should be given an opportunity to continue transitioning back to society, are not unnecessarily returned to prison."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
![https://cdn.mos.cms.futurecdn.net/flexiimages/jacafc5zvs1692883516.jpg](https://cdn.mos.cms.futurecdn.net/flexiimages/jacafc5zvs1692883516-320-80.jpg)
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Assistant Attorney General Christopher Schroeder wrote in the new memo that the office did not "lightly depart from our precedents," but rather found that the prior opinion issued at the end of the previous administration "failed to address important and persuasive counterarguements."
"I screamed into the phone but who care's it's a Christmas miracle!!!" tweeted President of Justice Action Network Holly Harris in celebration of the news.
"Thousands of people can now breathe a sigh of relief knowing they will be able to remain in the communities where they have been living and working," wrote ACLU Justice Division Director Udi Ofer in a statement. But "while we celebrate today, we also commit to continuing to advocate for President Biden to use his power of clemency to commute these sentences."
Create an account with the same email registered to your subscription to unlock access.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Brigid Kennedy worked at The Week from 2021 to 2023 as a staff writer, junior editor and then story editor, with an interest in U.S. politics, the economy and the music industry.
-
Big Tech's answer for AI-driven job loss: universal basic income
In The Spotlight A new study reveals the strengths and limitations
By Joel Mathis, The Week US Published
-
'I will not be silent' on Gaza, says Kamala Harris
Speed Read In a meeting with Israeli Prime Minister Benjamin Netanyahu, Harris supported Israel's right to defend itself while expressing a desire to end Palestinian suffering
By Arion McNicoll, The Week UK Published
-
'How long can TikTok dominate as a social network?'
Instant Opinion Opinion, comment and editorials of the day
By Justin Klawans, The Week US Published
-
Can Starmer's plan solve the prisons crisis?
Today's Big Question Releasing inmates early is 'least worst option' to tackle overcrowding, but critics say it puts public at risk
By Harriet Marsden, The Week UK Published
-
Trump criminal trial starts with rulings, reminder
Speed Read The first day of his historic trial over hush money payments was mostly focused on jury selection
By Rafi Schwartz, The Week US Published
-
Parents of school shooter sentenced to 10-15 years
Speed Read Jennifer and James Crumbley are the first parents to be convicted in a US mass shooting
By Peter Weber, The Week US Published
-
Unlicensed dealers and black market guns
Speed Read 68,000 illegally trafficked guns were sold in a five year period, said ATF
By Peter Weber, The Week US Published
-
Bankman-Fried gets 25 years for fraud
Speed Read Former "crypto king" Sam Bankman-Fried will report to federal prison
By Peter Weber, The Week US Published
-
Feds raid Diddy homes in alleged sex trafficking case
Speed Read Homeland Security raided the properties of hip hop mogul Sean "Diddy" Combs
By Peter Weber, The Week US Published
-
'Goon Squad' cops sentenced for torturing 2 Black men
Speed Read The former Mississippi law enforcement officers pleaded guilty last year
By Peter Weber, The Week US Published
-
Michigan shooter's dad guilty of manslaughter
speed read James Crumbley failed to prevent his son from killing four students at Oxford High School in 2021
By Peter Weber, The Week US Published