The Marshall Project

Trump Justice, Year One: The Demolition Derby

Here are nine ways the law-and-order president has smashed Obama’s legacy.

On criminal justice, Donald J. Trump’s predecessor was a late-blooming activist. By the end of President Barack Obama’s second term, his administration had exhorted prosecutors to stop measuring success by the number of defendants sent away for the maximum, taken a hands-off approach to states legalizing marijuana and urged local courts not to punish the poor with confiscatory fines and fees. His Justice Department intervened in cities where communities had lost trust in their police.

After a few years when he had earned the nickname "Deporter-in-Chief," Obama pivoted to refocus immigration authorities — in effect, a parallel criminal justice system — on migrants considered dangerous, and created safeguards for those brought here as children. He visited a prison, endorsed congressional reform of mandatory minimum sentences and spoke empathetically of the Black Lives Matter movement. He nominated judges regarded as progressives.

In less than a year, President Trump demolished Obama's legacy.

In its place, Attorney General Jeff Sessions has framed his mission as restoring the “rule of law,” which often means stiffening the spines and limiting the discretion of prosecutors, judges and law officers. And under President Trump’s “America first” mandate, being tough on crime is inextricably tied to being tough on immigration.

“I think all roads in Trump's rhetoric and Sessions’ rhetoric sort of lead to immigration,” said Ames Grawert, an attorney in the left-leaning Brennan Center’s Justice Program who has been studying the administration’s ideology. “I think that's going to make it even harder for people trying to advance criminal justice reform because that's bound up in in the president's mind, in the attorney general's mind, as an issue that they feel very, very passionately on -- restricting immigration of all sorts.”

Here are nine ways Trump has transformed the landscape of criminal justice, just one tumultuous year into

You’re reading a preview, subscribe to read more.

More from The Marshall Project

The Marshall Project7 min readMedical
Lax Masking, Short Quarantines, Ignored Symptoms: Inside a Prison Coronavirus Outbreak in ‘Disbeliever Country.’
The latest COVID-19 surge is happening behind bars, too. Here’s three accounts from an upstate New York prison hit by the pandemic.
The Marshall Project10 min read
Superpredator
Twenty-five years ago, the media invented a phrase: “superpredator.” The time for reckoning is overdue.
The Marshall Project5 min readCooking, Food & Wine
Why My First Thanksgiving in Prison Was The Best One I’d Had In Forever
Between being sober, getting a visit and having a surprise feast with the mean girls in my unit, I still cherish that day.

Related Books & Audiobooks