As we wrote last week, the Koch brothers’ campaign for criminal justice reform is an entirely selfish endeavor. Their efforts to “ban the box” aren’t about helping reformed criminals find work; they’re about hiding their company’s long rap sheet of environmental and workplace violations.
But as negotiations on criminal justice reform continue, it appears the brothers are in a giving mood. Or at least that’s what Koch lawyer Mark Holden wants us to believe.
According to NBC News, the Kochs are willing to compromise when it come to their proposal to change mens rea, or criminal intent laws:
One issue that has threatened to derail progress on criminal justice reform: mens rea, which is that a person’s intention when committing a crime is taken into account during sentencing. The Koch brothers and conservative groups say mens rea has disappeared from criminal proceedings and want it reinstated.
Holden says he “reiterated” the position that the Koch brothers “are not advocating for it” this year.
“We don’t want it to stand in the way of the other reforms that we are really focused on,” Holden said.
That’s a nice sound bite, but Holden isn’t telling the whole story. The Kochs have been lobbying Republicans in Congress hard to refuse any bill that doesn’t include intent reforms. Just last month the Kochs released this statement on their criminal justice campaign:
We favor comprehensive criminal justice reform, which includes criminal laws with intent and knowledge standards. We believe that no one should be deprived of their life, liberty, property, or pursuit of happiness unless the government can prove beyond a reasonable doubt that the person intended to commit the crime at issue. This is a fundamental constitutional principle and the bedrock of a just and fair criminal justice system. We look forward to additional reform measures being introduced by this Committee.
Even if they eventually let mens rea go for now, there is little doubt that they won’t campaign even harder for it later on. The Kochs’ focus on reforming the justice system has selfish roots, and without intent reform Koch Industries can still face criminal charges for what they’re known best for: destroying the environment.
Read more about the Kochs’ criminal justice reform agenda in Bridge Project’s recent report, Koch Advocacy For Criminal Justice Reform Is Driven By The Motivation To Protect Their Own Corporate Interests & Profits.