- The Washington Times - Thursday, March 2, 2023

President Biden told Senate Democrats on Thursday that he would sign a GOP-backed bill that would overturn Washington’s new criminal code that reduces penalties for violent crimes and critics say is a threat to public safety in a city already wracked with violent crime.

Some Democratic senators have joined their Republican colleagues in supporting the bill that is expected to reach the Senate floor next week. It would have been a tough vote for any Democratic lawmakers leery of being accused of taking a soft-on-crime stance amid a nationwide crime wave — the very combination that prompted Chicago voters to reject Democratic Mayor Lori Lightfoot’s reelection bid this week.

Mr. Biden’s tacit support for overturning the D.C. crime laws gives all his Democrats cover for the vote.



Congressional Democrats typically back the District’s autonomy, despite Congress having oversight of some major aspects of the city’s government, including its criminal code.

The resolution now working its way through Congress would rescind a package of D.C. laws that lowered or eliminated mandatory minimum sentences for violent crimes, including robberies and carjackings.

Mr. Biden told Democratic senators during a private lunch Thursday that if the bill heads to his desk, he will sign it, sources told the Associated Press.

When asked by reporters if he supported the bill as he left the meeting, Mr. Biden declined to comment.

The White House has previously expressed opposition to the bill but has not issued a direct veto threat.

“Congress should respect the District of Columbia’s autonomy to govern its local affairs,” the Biden administration said in a statement last month.

At least one Democrat, Sen. Joe Manchin III of  West Virginia, said he opposed the District’s new sentencing laws. That would leave Republicans just one vote short of sending the bill to the White House.

“None of that makes sense to me,” Mr. Manchin said about lowering mandatory minimum sentences. “I would rescind letting people out.” He added that offenders “know what they can get by with all over the country.”

Several Democrats, including Sen. Jon Tester of Montana, Gary Peters of Michigan and Sherrod Brown of Ohio, say they haven’t decided whether to reject the new D.C. criminal code.

With the absence of Sen. John Fetterman, a Pennsylvania Democrat who is on medical leave for treatment of severe depression, Mr. Manchin’s support could be enough for the measure to clear the Senate.

The House passed the bill last month with 31 Democrats voting yes.

If Mr. Biden signs the bill, it would roll back legislation unanimously passed by the D.C. council last year. The bill, however, has been criticized by Mayor Muriel Bowser, a Democrat, because of the city’s rising homicide rates. She vetoed the change but the council overrode the veto.

“I expect all national Democrats are looking at this closely and are making a calculus on what’s best for the party,” she said, adding that she remains in contact with the White House about the issue.

Under Washington’s status as a district, Congress has the ultimate say over many of its laws.

Critics of the new criminal code warn that it will undercut public safety in the nation’s capital. Through the first two months of 2023, there have been 37 homes in Washington, a 37% spike from 27 during the same period last year. Crime, in general, is up 25% compared to the same period in 2022, according to data from the Washington Metropolitan Police.

Supporters of the new criminal code say the revisions were necessary to replace outdated, century-old laws and lower penalties they say have been disproportionately imposed on the Black community.

• Matt Delany contributed to this report.

• Jeff Mordock can be reached at jmordock@washingtontimes.com.

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