Thus every one of challenges to the extreme crack cocaine sentences has been struck down in the courts of appeals. As you know first hand from being the target of investigations of various independent counsels, prosecutors can be over-zealous and make mistakes of improper priorities. When extensive resources are spent investigating a case, prosecution will go forward even if innocent persons or only minor offenders go to trial. There is no correction when a prosecutor mistakenly selects an offender for a mandatory minimum offense. Our adversarial system of justice has become increasingly personalized.
Prosecutors are personally committed to go after anyone they perceive as an offender.
The courts are forced to carry forward prosecutorial mistakes. Federal judges can t throw out small cases or discharge minor defendants because the case is insignificant or does not warrant a Federal interest. Thus the courts are imposing sentences that are very long, and which the judges are powerless to modify in the interests of justice. The constitutional duty of correcting these mistakes rests upon you, Mr. President. Framers knew that mistakes would happen what Alexander Hamilton referred to as unfortunate guilt.