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Safety-valve debate: DOJ favors in-person debriefings; defenders warn written submissions could be safer for detained defendants
Summary
The Sentencing Commission heard contrasting views on proposed commentary that would acknowledge written safety-valve submissions. DOJ witnesses urged in-person debriefings remain primary; defense and some advisory witnesses argued written submissions are needed for detained clients afraid of retaliation in crowded jails.
WASHINGTON — The Commission's proposed change to the safety-valve commentary — whether to acknowledge written submissions as an alternative to in-person debriefings — drew sharply divided testimony on Oct. 12.
DOJ position: Assistant U.S. Attorney Kimberly Sanchez (Eastern District of California) told the Commission she opposes highlighting written submissions in the safety-valve commentary because in-person debriefings generally produce more complete and verifiable information. Sanchez said many districts conduct safety-valve debriefings in person and that the back-and-forth fostered by an in-person meeting increases candor and…
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