Just days after word emerged that the billionaire Koch brothers will spend nearly a billion dollars to elect conservatives in the 2016 elections, Charles Koch sent a top adviser to Washington to urge Republicans to work with Democrats on a key issue: criminal-justice reform.
Justice reform is not a cause for which the Kochs are normally in the news. The billionaire brothers are known for their lavish giving to conservative candidates and causes, for which they are celebrated on the right and reviled by the left. But for more than a decade, the Kochs have quietly pumped several million dollars into efforts to fix a criminal-justice system that many on both sides of the aisle believe is broken.
Last month, Charles Koch co-authored an op-ed for Politico decrying the "overcriminalization of America." Now the Kochs are teaming up with some unlikely allies on the left in hopes of rectifying the problem. And their presence in the emerging bipartisan coalition for justice reform underscores the issue's rare—perhaps unique—status as a cause that has united liberals and conservatives in an era of bitter partisanship.
"There’s just so much movement here," Mark Holden, senior vice president and general counsel at Koch Industries, tells TIME. "It’s sweeping in a lot of unusual, non-traditional allies, and I think it’s a good thing."
Holden was standing on Wednesday under the glittering chandeliers and Corinthian columns of a caucus room in the Russell Senate building, where he had just wrapped up a prison-reform discussion organized by The Constitution Project. The event offered the rare tableau where a bipartisan group of activists gathered in Washington to agree on policy, rather than fling accusations.
The motley panel included liberal and conservative senators and congressmen, activists and commentators, who warmly complimented one another's leadership. Holden was seated next to Van Jones, a former Obama environmental adviser who once accused the Kochs of running a "plantation." The oddball pair seemed bemused at the strange alliance. "Dogs and cats sleeping together," Holden joked.
It's easy to see why the issue attracts both sides. The U.S. has the highest rate of incarceration of any industrialized country in the world (second overall, behind the tiny Seychelles). It has 2.2 million total inmates—more than any other nation, and an increase of 500% over the past three decades. There are some 4,500 federal criminal laws on the books. More than half of the federal prison population consists of nonviolent drug offenders.
"Conservatives and liberals, Democrats and Republicans alike, have come to the conclusion that the system that has developed over the course of the last few decades in this country isn't working," said David Keene, a longtime conservative activist. "We've come to the conclusion that we have to work together."
Activists on the left have long been vocal opponents of the justice system's failings, which disproportionately affect minority groups and the poor. But their right-leaning counterparts have also fought hard to combat the pipeline to prison, for reasons ranging from the big-government bloat to the waste of taxpayer dollars to the dehumanizing conditions that strip individual liberties.
"Most people assume that conservatives are motivated to reform by economics," says Pat Nolan, the director of the Center for Criminal Justice Reform at the American Conservation Union Foundation. "My experience is not that. It's the moral issues...There's no form of government domination greater than imprisonment."
Holden has been interested in criminal justice since his days working as a jail guard in his hometown of Worcester, Mass. He was in high school and college at the time, and some of the inmates were former classmates. He witnessed the ways the system can suck people in. "These were the kids who were always in trouble," Holden recalls. "I've always kind of been around these issues."
The Kochs' commitment in criminal-justice reform dates to the mid-1990s, when the company became embroiled in a court case related to alleged environmental crimes at a a refinery in Corpus Christi, Tex. In 2001, a subsidiary of the company pleaded guilty to concealing environmental violations at the refinery; a multitude of other charges were dropped, but the company paid a $20 million fine to settle the matter. The owners believed they had been victimized by overzealous prosecutors and unclear statutes. "Our view was if we, a large company with many resources, were treated this way, what's happening to the average American?" Holden says.
The Kochs began donating money to the National Association of Criminal Defense Lawyers (NACDL) to combat prosecutorial abuses. "Once we got involved," says Holden, "we couldn't stop." Since 2004, the Kochs have made annual donations (in the "significant six figures," according to Holden) to the NACDL. The money is designed to address a broad range of justice issues, from mandatory minimums for drug crimes to the right to competent representation and sentencing disparities for the disadvantaged.
Last month, Holden and Koch laid out a five-point reform plan to change the criminal justice system. It includes ensuring that indigent defendants receive adequate legal counsel, reducing criminal liabilities for inadvertent violations, and restoring rights to youthful and non-violent offenders to help them re-enter the job market after their release. Such beliefs have led the Kochs to team up with liberal organizations like the American Civil Liberties Union to combat issues like harsh sentencing and Sixth Amendment rights. "It’s very, very rare where we have a moment that the stars have aligned in this way," said Jones.
Progress looks possible at the federal level. Several justice-reform bills have been introduced in Congress. They're often the product of strange partnerships: one Senate effort, which would adjust mandatory sentencing guidelines, was sponsored by Dick Durbin of Illinois, a leading liberal, and Utah Senator Mike Lee, a Tea Party darling. Another sweeping Senate bill, introduced by Kentucky Republican Rand Paul and New Jersey Democrat Cory Booker, would seal and expunge juvenile records for nonviolent offenders and restrict the use of solitary confinement. But so far the legislation has languished.
The Kochs have the power to change that. Their clout on the right could help sway more conservatives to support criminal justice efforts. Most of the likely 2016 Republican presidential hopefuls have supported some kind of criminal-justice reforms. Given the Kochs' commitment to the issue, candidates might be wise to make issues like curbing the prison population a larger campaign theme.
Holden says the Kochs won't make criminal justice a political litmus test, in the way that they have focused attention on issues like health-care reform or environmental regulations. At the same time, "to the extent that there are candidates that are working on these issues we care about," Holden says, "we’re probably going to want to support candidates who are in favor of helping people, helping the disadvantaged with their policies."
Compared to their spending on elections, the money the Kochs are funneling toward justice reform is modest. Their network plans to fork out nearly $900 million in advance of the 2016 election, according to reports—nearly as much as Barack Obama and Mitt Romney corralled in 2016 to support their campaigns. And Holden says there are no plans at the moment to increase the financial support for justice reform or form a new nonprofit devoted to the issue, although he wouldn't rule it out. "It depends on what the opportunities are. If we see coalitions building and real change coming, and it’s consistent with our values and beliefs," Holden says, "we’ll be all over it. We don’t necessarily start out saying we’re going to spend this much this year."
And the momentum is building. "It's not a left-right issue," Holden says. "It’s all about what’s right for the country. There’s so much that everyone fights about, and there’s a commonality here."