DC pulls soft sentencing bill from Congress as Senate defeat looms

WASHINGTON — The Council of the District of Columbia withdrew its rewritten criminal code from congressional consideration Monday after President Biden pledged last week to support Republicans and override the effort.

Council Chairman Phil Mendelson informed Vice President Kamala Harris in her capacity as president of the Senate that the council would pull its legislation that lowers the maximum penalties for carjacking and some gun crimes.

“The Home Rule Act requires that in order for council acts to become law, they must be transmitted to both houses of Congress,” he said. “Since the Senate has not yet taken action on [the DC crime bill], my withdrawal of this legislation means that [the bill] is not properly before Congress at this time.”

The House voted 250-173 on Feb. 9 to overturn the revamped code, which called for lowering the maximum sentence for carjacking from 21 years — 40 if armed with a gun — to 18 years or 24 if armed.

The max penalty for armed robbery would also be more than halved, from 45 years in prison to 20 years.

Originally opposed by DC Mayor Muriel Bowser but forced through after her veto, the council’s bill attracted criticism from across the political spectrum.

Thirty-one House Democrats voted to overturn the sentencing guidelines hours after Rep. Angie Craig (D-Minn.) was attacked in the elevator of her apartment building.

The Senate was scheduled to vote on the bill Wednesday, six days after Biden told chamber Democrats that he would sign the override legislation.

“The president doesn’t support changes like lowering penalties for carjacking,” press secretary Karine Jean-Pierre told reporters at the time. “He believes, you know, this is a way for him to keep the community safe in DC.”

Biden’s announcement angered House Democrats who had supported the council as part of the party’s commitment to DC gaining statehood, with one anonymous lawmaker telling the Hill that “the White House f–ked this up royally.”

Despite opposing the sentencing revamp, Bowser herself tweeted earlier this month calling “on all senators who share a commitment to the basic democratic principles of self-determination and local control to vote ‘NO’ on any disapproval resolutions involving duly enacted laws of the District of Columbia.”

Mendelson told Harris on Monday the council had decided to withdraw the bill to revamp the code and make it more amenable to critiques.

“Withdrawal enables the council to work on the measure in light of Congressional comments and to resubmit it later,” he wrote. “In order for this legislative measure to become law, I will have to re-transmit it to both houses of the Congress for the required Congressional review.”

It is unclear whether Wednesday’s scheduled Senate vote will go ahead.

From Jan. 1 through March 6 of this year, DC had recorded increases in homicide (31%), sexual abuse (113%), motor vehicle theft (110%), theft from autos (21%), other theft (17%), and arson (300%) over the same period last year, according to police.