Here is what followed:
Kennedy: "Does the Justice Department ever make recommendations that prisoners like this have their sentence commuted?"
Kruger: "I am not aware of the answer to that, Justice Kennedy."
Kennedy: "Isn't the population of prisoners in the Federal prisons about 185,000 now? I think it is. And how many commutations last year? None. How many commutations the year before? Five. Does this show that something is not working in the system? 185,000 prisoners? I think that is the number."
Kruger: "I'm not prepared to speak to that question today."See Gerstein's full piece here.