Star politics: What’s Josh Hawley really talking about when he talks about child porn?
The Senate on Thursday officially confirmed Judge Ketanji Brown Jackson to the U.S. Supreme Court in an historic vote that makes her the first Black woman to sit at the pinnacle of the judicial branch.
Though three Republicans — Utah Sen. Mitt Romney, Maine Sen. Susan Collins and Alaska Sen. Lisa Murkowski — joined the Democrats in supporting her confirmation, it came over the strenuous objections of a number of Republicans, most notably Missouri Sen. Josh Hawley.
Much ink has been spilled about Hawley’s role in Jackson’s confirmation hearings and his claims that she was too lenient on child pornography offenders. Even more was spilled rebutting his claims, pointing out that her sentencing practices align with the majority of federal judges and criticizing Republican senators for using the issue to drag down her nomination.
Less time has been spent on Hawley’s actual position on the issue.
In the aftermath of the hearing, he proposed a bill he said would help judges get tougher on child pornography offenses. It would take away some of the leeway judges have in sentencing child pornography offenders, requiring them to rule within guidelines set by Congress. The measure also would impose a five-year mandatory minimum sentence for possessing child pornography.
Hawley’s position, in essence, is that the sentencing commission, federal judges, prosecutors and defense attorneys — the entire judicial branch — are all wrong about people convicted of possessing and distributing child porn.
Let me explain.
Congress last updated their sentencing guidelines for child pornography crimes in 2003, when they stiffened the penalties. They decided that someone who was convicted of distributing or receiving child pornography should spend a minimum of five years in prison. Lawmakers did not apply the same minimum to convictions for possession.
In 2003, a majority of people on the internet at home were still using dial-up. Facebook was a year away, YouTube two years, the iPhone four. The Boston Red Sox still hadn’t won a World Series for 85 years.
So when Congress wrote out the six things they felt deserved more jail time for a child pornography offense, use of a computer to get images was one of them. They also set a scale for the number of images someone interacted with, based on a crime largely committed through the mail.
If someone possessed 10 to 150 images, their crime was increased two levels on the sentencing guidelines. It increased three levels for 150-300 images, four levels for 300-600 and five levels for more than 600.
But the internet transformed how the crime works. Now, with one click, someone can download or upload thousands of pornographic images.
A 2012 sentencing commission found that because of the technological advancements, “enhancements that were only intended to apply to the most serious child pornography offenses were routinely applied to most non-production child pornography offenders.”
By 2019, the majority of child pornography offenders were receiving less jail time than the range suggested by Congress. The median number of images involved in possession, receipt and distribution of child pornography crimes was 4,265.
The average minimum sentence per the guidelines increased by 27.9 percent between 2005 and 2019, to 136 months (11 years and four months). Meanwhile, the average sentence judges were imposing increased 11.6 percent to 103 months (eight years and seven months).
The sentencing commissions in both 2012 and 2019 advised that Congress change the standards for imposing stiffer sentences to focus on the content that was distributed, an offender’s involvement with the child pornography community and their engagement in sexually abusive or exploitative conduct.
Hawley’s bill doesn’t actually take into account the suggestions of the sentencing commission. It doesn’t get rid of the scale for the number of images sent or remove the use of a computer as an enhancement for the crime.
“I want to see higher sentences,” Hawley said.
He points to the proliferation of child porn images on the internet and said he believes the only way to prevent it is more prison time for the people who are consuming and distributing these images.
In answering Hawley’s questions, Jackson often pointed out that it was the role of the judge to weigh input from the sentencing guidelines, the probation officer, the prosecutor and the defense attorney before arriving at an appropriate punishment.
Hawley said he thinks the punishment should always be more time in prison. He said he approves of judges who go along with what the prosecution wants every time.
“That is correct,” he said, when asked if he thinks there should be more people in prison. “I want to see that across the board, but particularly when it comes to child porn offenders. Yes, I want to see them spend more time in jail.”
Hawley’s bill isn’t going anywhere. On Tuesday, he used a Senate maneuver called “unanimous consent” to bypass the committee process and force the bill through the chamber. But he was blocked by Illinois Sen. Dick Durbin, the chairman of the Senate Judiciary Committee.
Durbin said there should be consideration of the sentencing guidelines for child pornography, but said Hawley’s path wasn’t giving the issue the amount of deliberation it deserved and instead was merely a political gambit.
“It’s one more very transparent attempt to link Judge Ketanji Brown Jackson’s confirmation with this highly emotional issue of federal sentencing when it comes to child pornography or child exploitation.”
More from Missouri
A four-year-old exchange between a Missouri state senator and the Department of Public Safety director has taken on new significance with the allegations made by Sheena Greitens that former Gov. Eric Grietens physically and emotionally abused their family. It shows that at least once, state and local authorities were alerted to concerns about Greitens’ conduct at home.
Here are headlines from across the state:
Officials may have missed opportunity to stop Greitens alleged domestic violence, Jonathan Shorman, Kacen Bayless and Daniel Desrochers
- Missouri House is inching toward their final $46 billion budget, Kacen Bayless
- Missouri’s child welfare leader says the agency needs help, Laura Bauer and Judy L. Thomas
Kansas City Chiefs Reps downplay move to Kansas in meeting with MO officials, Kacen Bayless
Lawmakers briefly slashed money to fix Missouri’s lead pipes from the budget, Kacen Bayless
And across Kansas
Kansas and Missouri are ready to fight. As Kansas lawmakers have moved to lure the Chiefs and Royals to Kansas, officials in Missouri have responded with outrage. It puts a three-year truce on economic incentives between Kansas and Missouri in jeopardy.
Border wars are back if Kansas funds a Chiefs move to KCK, Katie Bernard and Kevin Hardy
- A Kansas lawmaker is urging doctors to provide Ivermectin even though it is unproven, Jonathan Shorman
- Kansas cautions judge against throwing out new Congressional map, Jonathan Shorman
The Kansas legislature will pick up major items in late April, Katie Bernard
- Contaminants from fertilizer are driving up clean water costs in rural Kansas, David Condos, High Plains Public Radio
The latest from Kansas City
In Kansas City …
A jury awarded the largest ever medical malpractice payment in Kansas City, Robert A. Cronkleton
- Another lawsuit claims KC water department fails to address discrimination, Anna Spoerre
- What the heck is the logo for Kansas City? The answer won’t please everyone, David Hudnall
Have a news tip? Send it along to ddesrochers@mcclatchydc.com.
Odds and ends
Marshall’s Ukraine Presser
On Wednesday, Kansas Sen. Roger Marshall joined Iowa Sen. Joni Ernst in a press conference intended to highlight the risk of a global food shortage caused by the war in Ukraine. The country is one of the heaviest exporters of sunflower oil, honey, barley, corn and wheat.
With a war on, Ukrainian farmers will be unable to plant as much as they normally do, particularly in the northern and eastern parts of the country. There’s a shortage of the diesel fuel that’s normally used for tractors because it’s needed by the military. Ports in the Black Sea are blocked by Russians and there’s the possibility that they would bomb the train tracks used to export products.
Africa and the Middle East would be most affected, but the shortage has the potential to drive up food costs across the world. It’s uncertain that American farmers would be able to step up production because only 30 percent of the wheat produced this year is in good to excellent condition, according to John Newton, the chief economist for Republicans on the Senate Agriculture Committee.
Marshall and Ernst invited three Ukrainians to speak at the press conference and while they briefly addressed the food issues, it wasn’t what they wanted to talk about. Instead, their message was simple: we want more weapons for Ukraine.
“Please help us to win the war,” said Hanna Hopko, a Ukrainian expert in international relations. “Then we will feed the world with the best agriculture products.”
Duck boats
After a judge in Branson this week dropped charges against three employees who took a duck boat out ahead of a storm in 2018 that resulted in 17 deaths, Missouri Sen. Josh Hawley sent a letter to the Senate Commerce Committee urging them to pass his bill out of committee that would enhance safety measures for duck boats.
“As you consider the House-passed legislation and commence work on the reauthorization of the Coast Guard in your committee, I urge you to support and advance the provisions in my legislation codifying new safety requirements for duck boats,” Hawley wrote. “Congress must not delay any longer and must act to honor the lives lost by passing strong new safety and security measures for duck boats.”
Missouri Sen. Roy Blunt is also signed on as a co-sponsor of the bill.
Money for transit
The White House announced Wednesday that it was shelling out $27 million to the Kansas City area for transit programs through the bipartisan infrastructure bill. The money is part of a total of $141 million for transit in Missouri and $49 million for transit in Kansas.
There aren’t many specifics on which projects the money would specifically go to, but it’s designated for things like buses, street cars and other forms of public transportation.
In a statement patting himself and Biden on the back for the money, Rep. Emanuel Cleaver said it would maintain, upgrade and expand public transit in Kansas City.
“I see brand new electric buses, upgraded transit facilities, and, of course, good-paying jobs for workers who will be responsible for building, maintaining, and operating the future of transit in Kansas City,” Cleaver said. “That’s going to lead to lower emissions, cleaner air, and stronger communities that will continue to grow in an equitable fashion.”
Rock Chalk
Kansas lawmakers took a victory lap after the University of Kansas came from behind to beat the University of North Carolina and won the Men’s March Madness tournament on Monday. Sen. Roger Marshall was seen around the Capitol carrying around a basketball. He was taking it to the Health, Education, Labor and Pensions Committee to force North Carolina Sen. Richard Burr to sign it.
By Thursday, he was collecting on his bets. Some Pennsylvania lawmakers brought his office Yuengling and soft pretzels from Wawa. He was also waiting for nopales (a Mexican cactus dish) from Arizona Sen. Kyrsten Sinema because my Wildcats lost.
Kansas Rep. Sharice Davids got in on the fun as well. She first won a bet with Pennsylvania Rep. Dan Meuser and won Kit Kats (his district covers Hershey Pennsylvania, though I think she should have at least gotten a cheesesteak or Philly Soft Pretzel out of it). Then she won some BBQ from North Carolina Rep. David Price.
Happy Friday
Here’s an article about a guy who claimed to be an expert on serial killers before true crime fans called him out. This week I was told about a drink called the Martinez. Here’s a song by Brandi Carlile for the road.
Enjoy your weekend.
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This story was originally published April 7, 2022 at 6:59 PM.