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Criminal Justice Policy

Public disputes concerning sentencing, incarceration, prison conditions, probation and parole, reentry, and the policies and institutions that govern how the criminal justice system treats people who are charged, convicted or formerly incarcerated.

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Portrait of Robert Garcia

Robert Garcia

Role at the time: Ranking member of the House Oversight Committee, in a statement reported by ABC News and CNN

Condemned

Response to this claim

The facts gathered during the committee's investigation do not suggest President Trump is implicated in any of Epstein's crimes, and the committee found no documents implicating him in criminal activity related to Epstein and Maxwell.

“Oversight Republicans have released a report based on an incomplete investigation and zero public hearings on Jeffrey Epstein”
Open source (opens in a new tab)ABC News: House panel rebukes DOJ's handling of Epstein case · ABC NewsArticle text, as published on ABC30
Why we used this label

Garcia calls the majority's report the product of an incomplete investigation with no public hearings and says Democrats will keep investigating, which condemns the report.

Logo of United States Department of Justice

United States Department of Justice

Role at the time: Justice Department spokesperson, in a statement to ABC News

Challenged the characterization

Response to this claim

The committee's recommendations to the Justice Department have already been addressed, and the FBI already has a process for crime victims and their representatives to obtain their files.

“With all due respect, the Chairman's recommendations have already been addressed. The Attorney General has repeatedly said that the Epstein case is not closed and there is no statute of limitations on human trafficking.”
Open source (opens in a new tab)ABC News: House panel rebukes DOJ's handling of Epstein case · ABC NewsArticle text, as published on ABC30
Why we used this label

The report says the department must reinterview witnesses, investigate Epstein's associates and give survivors access to their records. The department answers that those recommendations have already been addressed, which disputes the report's account of what is still left to do.

Portrait of Lucy Powell

Lucy Powell

Role at the time: Deputy leader of the Labour Party and education secretary, interviewed on LBC

Condemned

Statement summary

Asked on LBC about the defence's questioning of the women, Powell said she found it depressing and thought that culture was long gone, and praised the judge's sentencing remarks that sex without consent is rape whatever a woman wore or drank.

Quotation excerpt

“I found reading some of that incredibly sort of depressing. I thought we'd long gone past that sort of culture and that phase of things. ... And the judge's remarks were also incredibly powerful in sentencing: that it doesn't matter what…”
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“I found reading some of that incredibly sort of depressing. I thought we'd long gone past that sort of culture and that phase of things. ... And the judge's remarks were also incredibly powerful in sentencing: that it doesn't matter what you wear, how you behaved, how drunk you are, you know, you have the right to give your consent or not give your consent. And if it's not given, then that is rape and that is a sexual offence, pure and simple.”
Open source (opens in a new tab)Police receive further criminal allegations against Russell Brand · The GuardianFull article

What this label refers to

Powell criticizes the way the women were questioned and endorses the judge's statement that sex without consent is rape, so we labeled it as condemning Brand's conduct.

Portrait of Bear Grylls

Bear Grylls

Role at the time: Adventurer and television presenter, posting on his own X account

Condemned

Statement summary

Bear Grylls, who attended Brand's baptism, posted that Brand's faith had seemed genuine to him at the time, that it was right that justice had been served, and that the victims were the heroes of the day.

“Brand's faith seemed genuine to me at the time when I was a guest at his private baptism. ... It is right that justice has now been served. I can't imagine how hard this time has been for the victims, the heroes of the day.”
Read the original post (opens in a new tab)Bear Grylls's X post on Brand's convictionOriginal X post 2118646243362525461, full text

What this label refers to

The reference point is Brand's conduct toward the women in the case and his denial that any of his sexual encounters were nonconsensual. Grylls says Brand's faith seemed genuine but that justice has been served and calls the victims heroes, which accepts the verdict and condemns the conduct.

Lee V. Coffee

Role at the time: Shelby County Criminal Court judge, ruling from the bench on the recusal request

Denied

Response to this claim

At the trial-court level in Andrew Hayes's post-conviction case, the district attorney's office, not the Tennessee attorney general's office, is the proper party to represent the state.

“Because we have to avoid even an inference of impropriety. There's no subjective prejudice on this court at all. In fact, I could have denied this request without even giving you a hearing.”
Open source (opens in a new tab)WMC Action News 5: Judge recuses self while wrongfully convicted man remains in prison · WMC Action News 5Full article
Why we used this label

The reference point is Judge Lee Coffee's handling of Andrew Hayes's petition to vacate his conviction, including his remarks at the August 2026 hearing on the district attorney's role, which Hayes's lawyers cited as evidence of bias. Coffee rejects the claim that he was biased while agreeing to step aside, which denies the allegation.

Portrait of Ed Miliband

Ed Miliband

Role at the time: Foreign Secretary of the United Kingdom, in a statement from his spokesman

Condemned

Statement summary

A spokesman for Foreign Secretary Ed Miliband told the BBC that Brand had been found guilty of horrific crimes and that Miliband's sympathy was with the victims, and repeated Miliband's 2023 statement that he regretted being interviewed by Brand.

“These are horrific crimes that Russell Brand has been found guilty of and Ed's profound sympathy is with the victims.”
Open source (opens in a new tab)Burnham responds to BBC question over Labour's past links to Brand · BBCStatement from a spokesman for Ed Miliband

What this label refers to

The reference point is Brand's conduct toward the women in the case and his denial that any of his sexual encounters were nonconsensual. The statement calls the crimes horrific and offers sympathy to the victims, which condemns that conduct.

Portrait of Andy Burnham

Andy Burnham

Role at the time: Prime Minister of the United Kingdom, speaking to the BBC

Condemned

Statement summary

Asked by the BBC about a post supporting Brand that he wrote in 2014, Prime Minister Andy Burnham said Brand's crimes were horrific and that he had rightly been held to account, and credited the victims and the journalists who exposed him.

Quotation excerpt

“crimes are horrific, he's rightly been held to account, justice for the victims and that is the right course that's been taken here. ... Credit to the victims, huge credit, the courage that it's taken, but also the journalists who've…”
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“crimes are horrific, he's rightly been held to account, justice for the victims and that is the right course that's been taken here. ... Credit to the victims, huge credit, the courage that it's taken, but also the journalists who've exposed this.”
Open source (opens in a new tab)Burnham responds to BBC question over Labour's past links to Brand · BBCBurnham's remarks to the BBC on Brand's crimes

What this label refers to

The reference point is Brand's conduct toward the women in the case and his denial that any of his sexual encounters were nonconsensual. Burnham calls the crimes horrific and says Brand was rightly held to account, which condemns that conduct.

Portrait of J.K. Rowling

J.K. Rowling

Role at the time: Author, posting on her X account

Condemned

Statement summary

Rowling wrote that saying Brand's conviction must be wrong because he did not rape you after you went home with him makes as much sense as arguing Fred West was innocent because you left his house alive.

Quotation excerpt

“I don't want to shame any particular woman here, but publicly announcing that the #RussellBrand conviction must be wrong because you went home with him and he didn't rape you makes about as much sense as saying 'well, I left 25 Cromwell…”
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“I don't want to shame any particular woman here, but publicly announcing that the #RussellBrand conviction must be wrong because you went home with him and he didn't rape you makes about as much sense as saying 'well, I left 25 Cromwell Street alive, so Fred West's innocent.'”
Read the original post (opens in a new tab)J.K. Rowling on X about women defending Brand after his conviction · J.K. RowlingX post

What this label refers to

Rowling rejects the argument that Brand's conviction must be wrong because some women who spent time with him were not assaulted, so we labeled it as condemning his conduct.

Portrait of Michael Tracey

Michael Tracey

Role at the time: Journalist and commentator, posting on his own X account

Challenged the characterization

Statement summary

Journalist Michael Tracey posted that one of the rapes Brand was convicted of allegedly took place after what the woman described as a consensual threesome with Brand followed by consensual vaginal sex, putting the word rapes in quotation marks.

“Here is one of the "rapes" that Russell Brand has just been convicted of. It allegedly occurred after what the woman says was a consensual threesome with Brand, followed by consensual vaginal sex.”
Read the original post (opens in a new tab)Michael Tracey's X post on one of Brand's rape convictionsOriginal X post 2118373861062222092 and its attached image

What this label refers to

The reference point is Brand's conduct toward the women in the case and his denial that any of his sexual encounters were nonconsensual. Tracey questions whether the conduct behind one conviction was rape by stressing the consensual sex the woman described before it, which challenges the characterization of that conduct.

Portrait of Megyn Kelly

Megyn Kelly

Role at the time: Commentator and broadcaster

Challenged the characterization

Statement summary

Kelly acknowledges the guilty verdict and challenges the credibility of the account underlying the rape conviction.

“the one count of rape that this jury appears to have bought is what I thought was by far the least credible account.”
Watch the original video (opens in a new tab)Russell Brand Found GUILTY on Multiple Counts of S*xual Assault00:05-01:09, 10:00-13:18 and 17:24-18:40; complete segment 20:16

What this label refers to

Kelly contests the prosecution's account and the credibility underlying a conviction. The quoted passage does not justify nonconsensual conduct.

Crown Prosecution Service

Role at the time: Prosecution service, statement by senior crown prosecutor David Roberts

Condemned

Statement summary

The CPS, through David Roberts, condemns Brand's conduct as predatory abuse of celebrity status.

“Russell Brand was predatory and used his celebrity status to commit sexual crimes.”
Read the official statement (opens in a new tab)Russell Brand convicted of non-recent sexual offences against four womenStatement by David Roberts; Building the case; Notes to editors

What this label refers to

The prosecution expressly criticizes the conduct at issue, rather than merely reporting the verdict.

Metropolitan Police Service

Role at the time: Investigating police force, statement by Detective Superintendent Andy Furphy

Condemned

Statement summary

The Metropolitan Police, through Andy Furphy, condemns Brand's conduct and says fame did not put him above the law.

“Brand used his influence, status and fame to exploit and sexually offend against women.”
Read the official statement (opens in a new tab)Russell Brand convicted of rape and other sexual offencesConvictions list; statement by Detective Superintendent Andy Furphy; investigation account

What this label refers to

The statement expressly condemns the sexual offending under scrutiny and describes exploitation through fame and influence.

Alexander Thomson

Role at the time: Assistant clinical professor of anesthesiology and pain medicine, Cornell College of Veterinary Medicine

Mixed or conditional

Statement summary

Thomson opposes sweeping censure before the Yates review clarifies responsibility. He also declines to conclude that university leaders have done enough.

“We simply don't know yet, and I hope the Yates investigation will provide more clarity on this question.”
Open source (opens in a new tab)Cornell's Faculty Senate Is Playing With FireGuest column, paragraphs on the confidence resolution and the pending Yates investigation

What this label refers to

On Cornell's response, Thomson resists blanket condemnation while making his judgment about leadership's adequacy depend on the pending investigation.

Portrait of Andre Wharton

Andre Wharton

Role at the time: Attorney for Tyrin Johnson's family, speaking to WMC Action News 5

Challenged the characterization

Response to this claim

Tyrin Johnson turned on the two Tennessee National Guard members who were chasing him and pointed a handgun at them before they fired.

“What is absent is that he was running away, and that is critical to this investigation”
Open source (opens in a new tab)DA releases 4 videos of National Guard shooting that killed Tyrin Johnson in downtown Memphis · WMC Action News 5Full article
Why we used this label

The reference point is the July 5, 2026 fatal shooting of Tyrin Johnson by two Tennessee National Guard members and the official account that he pointed a gun at them. Wharton questions whether the Guard members faced an imminent threat and says Johnson was running away, a challenge to the account that he turned on them with a gun.

Douglas DePodesta

Role at the time: Former special agent in charge of the FBI's Chicago field office, in an interview with the ABC7 Chicago I-Team

Condemned

Response to this claim

U.S. Attorney Andrew Boutros falsely told his Justice Department superiors that Douglas DePodesta and his sister-in-law, defense lawyer Nancy DePodesta, conspired to destroy the Broadview Six case, and the pressure Boutros created led FBI leaders to order DePodesta to resign.

“I was ordered by the highest levels of the FBI that I needed to leave my position.”
Open source (opens in a new tab)Ex-head of Chicago FBI alleges DOJ forced 'politically motivated investigations' against protestersI-Team interview with Douglas DePodesta, in the article and the video report
Why we used this label

The case concerns DePodesta's allegation that Boutros blamed him for the collapse of the Broadview Six case and that he was forced out as a result. DePodesta says he was forced to resign on orders from the top of the FBI, which condemns how he was pushed out.

Portrait of Marcy Wheeler

Marcy Wheeler

Role at the time: Independent journalist, writing her own analysis at emptywheel

Condemned

Statement summary

Wheeler argues that Blanche's alleged participation creates a conflict for DOJ leadership in supervising a potential criminal inquiry. She reads Perry's certification demand as testing that problem.

“Blanche’s participation in that October 7 meeting disclosed today by DePodesta means there’s no one who can do so.”
Read the original text (opens in a new tab)Wheeler argues DOJ leadership cannot supervise the inquiry impartiallyAnalysis after the list of Perry's orders

What this label refers to

She condemns what she views as conflicted supervision of the misconduct inquiry.

Portrait of Marcy Wheeler

Marcy Wheeler

Role at the time: Independent journalist, writing her own analysis at emptywheel

Condemned

Statement summary

Wheeler argues that the October 7 meeting alleged in DePodesta's complaint matters because it preceded the first grand-jury presentation. She sees him as a potential witness to outside involvement.

“the top officials at DOJ and FBI were discussing the case before any attempt to charge it.”
Read the original text (opens in a new tab)Wheeler assesses the pre-charge meeting alleged by DePodestaParagraphs following complaint paragraph 48

What this label refers to

She challenges the prosecutors' account of contacts with Main Justice, based on DePodesta's allegations.

Portrait of April Perry

April Perry

Role at the time: U.S. District Judge for the Northern District of Illinois, presiding over United States v. Rabbitt, in a written order

Condemned

Statement summary

Perry writes that Boutros had to approve presenting the case to the grand jury again after it declined to indict, and that the idea he made that decision without reviewing the best available evidence of what went wrong is nearly unfathomable.

“The idea that USA Boutros would have made such a significant decision without reviewing the best evidence available to him about what went wrong in the grand jury is nearly unfathomable.”
Read the original text (opens in a new tab)Order, United States v. Rabbitt, No. 1:25-cr-00693 (N.D. Ill. Nov. 2, 2026), ECF 287 · April PerryECF 287, Part I (pages 1 to 5)

What this label refers to

The reference point is Andrew Boutros's conduct in the Broadview Six prosecution and its aftermath, including his office's accounts of it to the court and DePodesta's allegation that Boutros blamed him for the case's collapse. Perry criticizes Boutros's account to the court as hard to credit and nearly unfathomable, and finds more than an adequate basis to inquire whether willful false statements were made, with testimony set before she makes findings.

Nancy DePodesta

Role at the time: Sister-in-law of Douglas DePodesta and lawyer for Broadview Six defendant Michael Rabbitt, in a statement reported by the Chicago Sun-Times

Condemned

Response to this claim

U.S. Attorney Andrew Boutros falsely told his Justice Department superiors that Douglas DePodesta and his sister-in-law, defense lawyer Nancy DePodesta, conspired to destroy the Broadview Six case, and the pressure Boutros created led FBI leaders to order DePodesta to resign.

“It is both heartbreaking and shameful that he was forced out of his position based on what appear to be utterly false rumors spread by the U.S. attorney for the Northern District of Illinois”
Open source (opens in a new tab)'Broadview 6' case heats up again as ex-FBI boss sues, top federal prosecutor ordered to testify · Chicago Sun-TimesNancy DePodesta statement; Douglas DePodesta interview; Perry order section
Why we used this label

The reference point is Andrew Boutros's conduct in the Broadview Six prosecution and its aftermath, including his office's accounts of it to the court and DePodesta's allegation that Boutros blamed him for the case's collapse. Her statement criticizes the forced departure as heartbreaking and shameful and attributes it to false rumors spread by the U.S. attorney.

Douglas DePodesta

Role at the time: Former special agent in charge of the FBI's Chicago Field Office, in a complaint filed by his lawyers

Condemned

Response to this claim

U.S. Attorney Andrew Boutros falsely told his Justice Department superiors that Douglas DePodesta and his sister-in-law, defense lawyer Nancy DePodesta, conspired to destroy the Broadview Six case, and the pressure Boutros created led FBI leaders to order DePodesta to resign.

“To deflect attention from his own malfeasance, Boutros began a campaign within the Department of Justice to blame DePodesta for the unraveling of the case.”
Read the original text (opens in a new tab)Complaint, DePodesta v. Boutros, No. 1:26-cv-13506 (N.D. Ill. filed Nov. 2, 2026), ECF 1 · Douglas DePodestaECF 1, introduction (paragraphs 1 to 9) and Broadview Six allegations (paragraphs 43 to 59)
Why we used this label

The reference point is Andrew Boutros's conduct in the Broadview Six prosecution and its aftermath, including his office's accounts of it to the court and DePodesta's allegation that Boutros blamed him for the case's collapse. DePodesta's complaint accuses Boutros of shifting the blame for the case's collapse onto him to deflect from his own conduct, a direct criticism of that conduct.

Portrait of Marcy Wheeler

Marcy Wheeler

Role at the time: Independent journalist, writing her own analysis at emptywheel

Condemned

Statement summary

Wheeler criticizes Woodward and Carneiro for treating Perry's document request as an invitation. She calls their response contemptuous.

“a contemptuous response claiming that Judge April Perry’s order to turn over a bunch of information was, instead, an invitation.”
Read the original text (opens in a new tab)Wheeler criticizes DOJ's reading of Perry's requestOpening analysis before the reproduced government passage

What this label refers to

She condemns DOJ's resistance to the court's inquiry.

Logo of U.S. Department of Homeland Security

U.S. Department of Homeland Security

Role at the time: Federal department that oversees U.S. Customs and Border Protection, in a statement to POLITICO

Defended or excused

Statement summary

Asked about reports that the administration helped Bolsonaro reach the United States, the Department of Homeland Security said he and his family were inspected by Customs and Border Protection under applicable immigration laws and released. It did not address the reports of administration involvement.

Quotation excerpt

“Bolsonaro arrived in South Florida with his family and were met and inspected by U.S. Customs and Border Protection in accordance with applicable immigration laws and procedures. At the conclusion of the inspection, Mr. Bolsonaro and his…”
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“Bolsonaro arrived in South Florida with his family and were met and inspected by U.S. Customs and Border Protection in accordance with applicable immigration laws and procedures. At the conclusion of the inspection, Mr. Bolsonaro and his accompanying family members were released.”
Open source (opens in a new tab)Democrats demand answers from State about taking in BolsonaroPassages on the letter and the DHS statement

What this label refers to

The conduct under scrutiny is Bolsonaro leaving Brazil and being welcomed by the United States. DHS says his admission followed applicable immigration laws and procedures, which presents the U.S. handling of his arrival as lawful, so we labeled it as defending it.

John Sexton

Role at the time: Contributing editor at HotAir, in a signed blog column

Condemned

Statement summary

Sexton agrees with Lopes's petition and argues that a prosecutor who has indicated the accused are guilty should not lead the investigation into them.

“He's right, of course. If someone indicates the accused are guilty, they shouldn't be leading an investigation into whether the accused are guilty.”
Open source (opens in a new tab)Accused Cornell Student Asks Judge to Remove Biased Letitia James · HotAirParagraph after the quoted petition language

What this label refers to

The matter under scrutiny is James's appointment. Sexton endorses the petition to remove her and says her earlier comments disqualify her from leading the investigation.

Mark Eiglarsh

Role at the time: Criminal defense attorney, interviewed on NewsNation

Condemned

Statement summary

Eiglarsh says James's earlier post means she should not review the case, comparing her to a referee who has already announced the winner.

“You don’t ask a referee to review a call after the referee’s already announced who’s winning the game”
Open source (opens in a new tab)Letitia James should hand off Cornell frat case, defense attorney saysEiglarsh's remarks to Elizabeth Vargas, quoted after the subhead on picking anyone else

What this label refers to

The matter under scrutiny is James's appointment. Eiglarsh says she should have stepped aside once she was named, which opposes her leading the investigation.

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