« Some notable local death penalty headlines from two very different localities | Main | Prez Obama issues clemency to 273 more individuals (209 commutation and 64 pardons) and Chelsea Manning among those getting a commuted sentence »

January 17, 2017

NY Times editorial rightly notes Prez Obama's clemency failings, especially with respect to pardons

This New York Times editorial, headlined "Mr. Obama, Pick Up Your Pardon Pen," properly laments the fact that Prez Obama has used his clemency power much more for commutations than for pardons, and it even takes some astute shots at the Prez for how his has gone about his commutations.  Here is some of the criticism:

For more than four decades, Sala Udin lived under the shadow of a federal firearms conviction, the result of a search by the Kentucky police who found an unloaded shotgun in the trunk of his car in 1970.

Mr. Udin, who had been a Freedom Rider during the civil rights era, carried the gun for protection as he drove around the South.  After eight months in prison, he lived an exemplary life, serving on the Pittsburgh City Council and playing a role in the city’s redevelopment.  But when President Obama visited Pittsburgh in 2009, Mr. Udin wasn’t allowed to meet him: His criminal record prevented such an encounter.

Last month, Mr. Obama issued Mr. Udin a pardon — one of just 148 pardons the president has granted during his two terms in office.  It is an abysmally low number for a president who has stressed his commitment to second chances and the importance of helping convicted people re-enter society.

The White House has been trumpeting Mr. Obama’s use of his clemency power in the last two years, especially his nearly 1,200 commutations of prison sentences, more than the last several presidents combined.  Most of these inmates were serving outrageously long terms, including life without parole, for nonviolent drug crimes. Commuting those sentences is meaningful progress, even if Mr. Obama could and should have started much earlier and released thousands more deserving people.

But when it comes to the other type of executive clemency — pardons — Mr. Obama hasn’t been an improvement over his predecessors. Unlike a commutation, which shortens or ends a prison sentence, a pardon is an act of forgiveness granted to someone who has completed a sentence. Pardons remove the stigma of conviction and restore the right to hold office, to vote, to obtain certain business licenses and to own a gun — all activities that can be denied those with criminal records.

The reluctance to grant pardons makes even less sense than a reluctance to give out commutations, since the sentences have already been served and there is no public safety concern. In both cases, the trouble rests with the people acting as the gatekeepers of mercy. The clemency process is run out of the Justice Department, where career prosecutors have little interest in reversing the work of their colleagues. It’s a recipe for intransigence, dysfunction and injustice on a mass scale....

There is a better way. In both liberal and conservative states, from Delaware and Connecticut to Nebraska and Georgia, the pardon process is more predictable and transparent. Some states require independent boards to make pardon recommendations to the governor; others hold regularly scheduled public hearings. All take the executive’s job of granting mercy seriously, which makes those grants both more fair and more common.

On Mr. Obama’s first Inauguration Day, in 2009, President George W. Bush gave him a good piece of advice: Pick a pardon policy and stick with it. Perhaps President-elect Donald Trump will learn from Mr. Obama’s failure to heed that wisdom.

Though this is an effective editorial, it might also have noted that federal law lacks any mechanism for getting a criminal record sealed or expunged and thus a Presidential pardon is the only method for a former federal offenders to get his record cleaned. This reality makes pardon practice all that much more important at the federal level, though it also should at some point prompt federal lawmakers to consider creating a needed statutory mechanism for record sealing or expungement as exists in so many states.

January 17, 2017 at 04:49 PM | Permalink

Comments

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB