Election 2026: Cooper steps away from responsibility of historic prison release

By Alan Wooten
The Center Square

U.S. Senate candidate Roy Cooper, whose name was on a lawsuit against the NAACP that ended in 2021, on Monday took a clear step away from responsibility for an historic settlement that led to 3,500 prisoners being released from incarceration.

Cooper, with his race against Republican Michael Whatley under a national spotlight, told a gaggle of reporters he fought the release of the inmates.

“First, the court ordered this,” Cooper said immediately when asked if he had regrets of his decision. “The court likely would have ordered a lot more at the end of the day. The fact is, I fought this. The fact is, prison officials made the decisions regarding specific prisoners, and the fact remains that Michael Whatley and his friends have been lying about this at almost every single turn, particularly with people that they bring up when we know that they were not released under this settlement.

“So I’m ready to talk about the issues. I’m proud of my record on crime, making sure that we keep prisoners behind bars. As governor, I signed a number of bail laws on gangs and I will continue to make sure that I keep families safe when I get to the U.S. Senate.”

In addition to his name on the lawsuit as defendant in his official capacity – that means ultimate final approval of any resolution before a trial – Cooper had responsibility for appointing the secretary to lead the Department of Public Safety that included oversight of the Department of Corrections. Erik Hooks was that man at the time of the prisoner release; he was replaced nine months later by Eddie Buffaloe Jr.

Legislative testimony from his administration confirmed Cooper chose the settlement rather than risking trial. His comments Monday indicated his belief that a trial would have led to more prisoners released.

Analysis by The New York Post has revealed 18 of those released went on to be charged with murder. Other published reports linking to prison records say more than 600 went on to pick up charges in homicides, sex offenses “or other violent crimes.”

The Feb. 25, 2021, statement from the Department of Public Instruction included no public release of names or searchable database. It said criteria for the release was those who may be pregnant, already on home leave with a 2021 projected release date, already on work release with a 2021 release date, or have a 2021 projected release date.

Specifically, it said for inmates to be considered, “offenders must NOT be serving a sentence for a crime against a person.”

Dozens did have such sentences.

While he mentioned signing laws on Monday, Cooper’s record number of vetoes – more than all other North Carolina governors combined – also includes several tied to public safety. He also favored cashless bail that has since been rescinded.

On the list of his vetoes are Require Cooperation with ICE Detainers (House Bill 370 in 2019-20); Pistol Purchase Permit Repeal (House Bill 398 in 2021-22); Prevent Rioting and Civil Disorder (House Bill 805 in 2021-22); Concealed Carry Permit Lapse/Revise Law (House Bill 49 in 2021-22); Require Cooperation with ICE 2.0 (Senate Bill 101 in 2021-22); Juvenile Justice Modifications (House Bill 834 in 2023-24); and Require ICE Cooperation & Budget Adjustments (House Bill 10 in 2023-24).