Walker’s misleading claim about Warnock’s support for ending cash bail and releasing prisoners

Campaigning in the runoff phase of his challenge to Sen. Raphael Warnock, D-Ga., Republican Herschel Walker accused Warnock of wanting to keep criminals on the streets.

The Georgia contest was the only Senate race not decided in the Nov. 8 election. Neither candidate won more than 50% of the vote, so under Georgia law, a Dec. 6 runoff election will be held.

Walker made the attack during a "Verdict with Ted Cruz" podcast interview with hosts Sen. Ted Cruz, R-Texas, and conservative commentator Ben Ferguson.

Asked about crime, Walker cited endorsements he received from Georgia sheriffs and said he would "always back" law enforcement officers. 

"We’ve got to hold people to responsibility," he said, adding that Warnock "believes in no-cash bail" and "in having open prisons, letting people out of prison that are going to make us prisoners in our own home. And I said I cannot let that happen." 

Walker’s claim misrepresents Warnock’s stance.

Warnock does not support eliminating cash bail for all, but he does back ending it for nonviolent offenders. He does not support widespread releases of prison inmates, but supported a law that reduces sentences for some drug offenses and for prisoners who show good conduct.

Warnock does not want to end cash bail in all cases. 

Warnock has said he wants to keep the requirement that people charged with serious crimes post cash bail to be released from jail while their cases are pending in court. He supports ending cash bail for nonviolent misdemeanor crimes and municipal violations, such as traffic offenses.

Walker’s campaign cited excerpts from comments Warnock made in 2018 about ending cash bail for "low-level offenses." At the time, Warnock advocated for an Atlanta ordinance seeking to eliminate the requirement that people accused of nonviolent misdemeanor charges, or city ordinance violations, post cash bail. The city council passed the ordinance.

Walker’s campaign also pointed to an October 2020 tweet from Warnock that didn’t qualify his position. 

"No one should be stuck in jail just because they can’t afford cash bail. Poverty is not a crime, we must end cash bail," Warnock tweeted.

Warnock’s campaign website lists "ending mass incarceration" among his priorities, but it does not mention bail.

Warnock wants to reduce the prison population not by simply releasing inmates, but by decriminalizing marijuana and reducing mandatory minimum sentences.

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Walker’s campaign cited Warnock’s support for the bipartisan First Step Act, which President Donald Trump signed in 2018. It ushered in several criminal justice reforms. The law focused on reducing mandatory sentencing and led to the release of thousands of inmates who demonstrated good behavior during their incarceration.

The law also retroactively reduced some sentences for crack cocaine offenders, who tended to get longer sentences than people convicted of powder cocaine offenses.

The law also ordered the Justice Department to create a risk- and needs-assessment system aimed at identifying and reducing each prisoner’s chance of recidivism.

Walker claimed that Warnock "believes in no-cash bail" and "letting people out of prison that are going to make us prisoners in our own home."

Warnock supports eliminating cash bail in limited cases — only for nonviolent offenders. Warnock does not support widespread releases of prison inmates, but supported a law that reduces certain sentences, including for inmates who earn credits for good behavior.

Walker’s claim contains an element of truth but ignores critical facts that would give a different impression. We rate it Mostly False.