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March 31, 2015

Prez Obama starts to "walk the walk" on clemency by granting 22 new drug offense commutations

Long-time readers know I have long complained about Prez Obama's failure to make regular use of his clemency power, and I have been especially critical over the last year when we have heard the President and his agents "talk the talk" a lot about a new clemency initiative, but not actually "walk the walk" by granting relief in a significant number of cases.  But today, as reported in this USA Today article, may finally mark the start of a truly new clemency era:

President Obama commuted the sentences of 22 convicted federal prisoners Tuesday, shortening their sentences for drug-related crimes. Eight of the prisoners who will have their sentences reduced were serving life sentences. All but one of the 22 will be released on July 28.

The White House said Obama made the move in order to grant to older prisoners the same leniency that would be given to people convicted of the same crimes today. "Had they been sentenced under current laws and policies, many of these individuals would have already served their time and paid their debt to society," White House Counsel Neil Eggleston said in a statement. "Because many were convicted under an outdated sentencing regime, they served years—in some cases more than a decade—longer than individuals convicted today of the same crime."

In issuing the commutations Tuesday, Obama has more than doubled the number he's granted in his presidency. Before Tuesday, he had issued just 21 and denied 782 commutations in his more than six years. It was the most commutations issued by a president in a single day since President Clinton issued 150 pardons and 40 commutations on his last day in office.

And it could represent the crest of a new wave of commutations that could come in Obama's last two years in office. Last year, the Justice Department announced a new clemency initiative to try to encourage more low-level drug offenders to apply to have their sentences reduced. That resulted in a record 6,561 applications in the last fiscal year, at least two of which were granted commutations Tuesday, according to the Justice Department....

Obama wrote each of the 22 Tuesday, saying they had demonstrated the potential to turn their lives around. "Now it is up to you to make the most of this opportunity. It will not be easy, and you will encounter many who doubt people with criminal records can change," Obama wrote. "I believe in your ability to prove the doubters wrong."

Of the 22 commutations granted Tuesday, 17 were for possession or trafficking in cocaine. The others were for methamphetamine, heroin and marijuana. One was also convicted of a gun charge in addition to cocaine possession. Their convictions cover a 14-year span from 1992 to 2006.

A list of the 22 individuals receiving commutations today is available via this official White House press release, and the White House blog has this new entry by Neil Eggleston titled "Upholding the Principle of Fairness in Our Criminal Justice System Through Clemency." Here is an excerpt from that entry:

Building on his commitment to address instances of unfairness in sentencing, President Obama granted 22 commutations today to individuals serving time in federal prison. Had they been sentenced under current laws and policies, many of these individuals would have already served their time and paid their debt to society. Because many were convicted under an outdated sentencing regime, they served years — in some cases more than a decade — longer than individuals convicted today of the same crime.

In total, the 22 commutations granted today underscore the President’s commitment to using all the tools at his disposal to bring greater fairness and equity to our justice system. Further, they demonstrate how exercising this important authority can remedy imbalances and rectify errors in sentencing. Added to his prior 21 commutations, the President has now granted 43 commutations total. To put President Obama’s actions in context, President George W. Bush commuted 11 sentences in his eight years in office....

While today’s announcement represents important progress, there’s more work ahead. The Administration will continue to work to review thoroughly all petitions for clemency. And, while commutation is an important tool for those seeking justice and fairness in our penal system, it is nearly always an option of last resort, coming after a lengthy court process and many years behind bars. That is why President Obama is committed to working with Democrats and Republicans on sensible reforms to our criminal justice system that aim to give judges more discretion over mandatory minimum sentencing. As the Department of Justice has noted, mandatory minimum sentences have at times resulted in harsher penalties for non-violent drug offenders than many violent offenders and are not necessary for prosecutions at this level.

Already, one significant reform has become law. In 2010, the President signed the Fair Sentencing Act, which reduced the disparity in the amounts of powder cocaine and crack cocaine required for the imposition of mandatory minimum penalties. The President is encouraged by the bipartisan support for improving our criminal justice system, including promising legislation that would implement front-end changes in sentencing. In addition, he supports bipartisan efforts to provide back-end support through better education and job training for those currently incarcerated and to reform of our juvenile justice system to build on the significant reductions in the number of youth being held in secure facilities.

March 31, 2015 at 05:32 PM | Permalink

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Comments

Its certainly encouraging. Maybe it will grow some legs and spare many others.

Posted by: MidWestGuy | Mar 31, 2015 7:08:43 PM

Good Start. Keep 'em coming!

Posted by: Michael R. Levine | Mar 31, 2015 7:54:13 PM

Mid and Michael. Give us your home addresses. I want to condemn the houses next to yours, under Kelo, and start a halfway house for the released. Up to 8 unrelated people may live in a house without zoning board approval, your Supreme Court ruled. You are each getting the full quota.

Posted by: Supremacy Claus | Mar 31, 2015 11:30:48 PM

S.C. You keep forgetting to take the blue pill. I've told you many times: It's the one in the little bottle on the left side of he medicine cabinet.

Posted by: anon1 | Apr 1, 2015 1:32:57 AM

Anon1. What is your address? I want to condemn the houses on both sides of yours. And put 8 Obama loosed criminals on each side. That way, whichever way your children walk, they may be greeted by the Obama loosed criminals. "Good morning, Miss. You look nice today."

These are non-violent drug offenders. Maybe you can try selling some dope, on your own block. Report back.

Posted by: Supremacy Claus | Apr 1, 2015 1:49:38 AM

This has a flavor of randomness. Two of 6500+ applications over the past fiscal year? Even the full 22 is an insignificant number.

Posted by: observer | Apr 1, 2015 5:11:46 AM

According to the article, the commutations are grounded on the following point: "Had they been sentenced under current laws and policies, many of these individuals would have already served their time and paid their debt to society," White House Counsel Neil Eggleston said in a statement. "Because many were convicted under an outdated sentencing regime, they served years—in some cases more than a decade—longer than individuals convicted today of the same crime."

Based on this rationale, the President's commutations seem eminently reasonable and fair to me. Is there a serious counter argument? If so, let's hear it.

Posted by: Dave from Texas | Apr 1, 2015 12:52:12 PM

Dave. Again, these non violent drug dealers are coming to be next door neighbors. You got any problem with that?

Posted by: Supremacy Claus | Apr 1, 2015 1:24:48 PM

S.C. under your argument, no one should be let out of prison for any reason. Besides non-violent drug dealers are all around my neighborhood now: they're called doctors and pharmacists.

Posted by: Dave from Texas | Apr 1, 2015 1:30:10 PM

Of course Clemency is granted randomly. It would be nice to see a more systemic solution to our grand experiment with over-criminalization and over incarceration. There hundreds of nonviolent drug offenders serving life without parole for nonviolent offenses.

Congress and/or the President have come up with systemic solutions in the past to over come a systemic problem like this. Amnesty, pardons or commutations for a group or class of individuals who would otherwise be subject to prosecution and incarceration have been used to make sure that citizens felt that the justice system was in sync with the public conscience. It could be done again.

Posted by: beth | Apr 1, 2015 3:48:48 PM

Yes indeed uts a small number. But if you had a life sentence and got commuted.

Boy oh boy.

Or cut in half. It would have the effect of a God like act, a miracle. I would think.

Posted by: MidWestGuy | Apr 1, 2015 6:25:15 PM

To the scaremonger up-thread:

The vast majority of US citizens are not cowards. We don't sleep with the light on; we don't worry about the bogeymen hiding under our beds at night; and we don't wet our pants every time someone goes boo.

Unfortunately a small number of US citizens are cowards with a yellow streak down their back 10 feet wide. And then there are the people who like to scare the cowards for their own amusement or, worse, for profit.

Twenty-two people receiving commutations is nothing except to scaremongers and the handful of cowards they try to scare.

Posted by: Fred | Apr 1, 2015 9:43:56 PM

Fred:

Good comment. I don't rely on my local LE to "protect" me since both times my neighbors had need of them (in 38 years), they were worse than useless.

Who would I have as my next door neighbor? One of these individuals rather than a lawyer/politician anyday! Heck, if I had a AUSA as my neighbor, I would be more concerned about some trumped-up charges filed against me, after all, they have to justify their existence.

Posted by: albeed | Apr 2, 2015 8:45:06 AM

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