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Attorney General Eric Holder gave a much-publicized speech recently calling for policy changes at the federal level to allow prosecutors to sidestep mandatory minimum laws – "executive actions" that don't require congressional approval. What he should have done was endorse legislation giving federal judges broad discretion in applying mandatory minimums. That bill, the Justice Safety Valve Act of 2013, is being sponsored in the Senate by Democrats Pat Leahy and Dick Durbin and, more interestingly, by Republicans Rand Paul and Mike Lee. Rand Paul is a libertarian and fiscal conservative; Mike Lee is a tea party favorite, a constitutional lawyer and the son of former Reagan Solicitor General Rex Lee. The House version is sponsored by Democrat Bobby Scott and Republican Thomas Massie, a fiscal conservative. Just as with Right on Crime, conservatives of all stripes have endorsed the idea.
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