John,

In the wake of the DC policing takeover, reporting has highlighted how federal authorities have aggressively prosecuted low-level offenses that would normally be handled at the local level. Throwing a sandwich at an FBI agent can result in an attempted indictment for federal felony assault on an officer in the hands of an overzealous prosecutor. But this isn’t a threat unique to DC.

In our new report, “Over-Federalization: Federal Intrusion Into State Criminal Law,” we discuss how overbroad federal laws allow federal authorities to prosecute offenses normally left to local prosecutors, including street crimes and even minor offenses. This over-federalization threatens democracy and increases incarceration. Given that federal prosecutions of traditionally local offenses are focused disproportionately on Black urban neighborhoods, over-federalization also deepens racial disparities in sentencing.

The report offers background on the longstanding bipartisan criticism of the over-federalization of criminal law and provides clear solutions to halt the expansion and begin to undo some of its injustices—such as responding to concerns about crime by investing in community-based solutions and abolishing federal mandatory minimum sentences.

The Sentencing Project urges the public to recognize that federal overreach in local criminal justice systems is not an abstract legal issue—it’s a threat to local governance, the right to protest, and equity.