Campaign 08: Bob Barr in the Race

Yes, Bob Barr, Libertarian, says he is in the race! It appears that Mr. Barr has not left the longest trail of statements regarding the pardon power, and most of what seems to be out there is related to the fairly narrow topic of Bill Clinton and Marc Rich. Barr delivered a classic line on NewsHour, for example, in regard to the Clinton-feigned-ignorance routine and the Marc Rich pardon. Barr quipped:

It's like Keystone Cops. But I don't think it is. I think the President knew exactly what he was doing. You didn't request information so you could probably say, "I don't know." In other words, have you ever heard of the concept of deliberate ignorance? Well, maybe not. Most prosecutors have.

Barr also suggested the congressional report on the Marc Rich pardon should be entitled, "Justice Undone. Corruption Well Done." In the aftermath of the last-minute Clinton pardons (or as Mr. Barr put it, "the pardon orgy), he sent a letter to the U.S. Attorney General which read, in part:

Contrary to long-established and consistent precedent, former President Clinton did not issue separate clemency grants for each individual. Instead he signed a single document entitled, 'Executive Grant of Clemency,' listing 138 persons by name, under the following statement: AFTER CONSIDERING THE REQUESTS for executive clemency of the following named persons, I hereby grant full and unconditional pardons to the following named persons for those offenses against the United States described in each such request: As a result, and as further explained in my February 9, 2001 letter, these 44 persons "could not" - and did not - receive pardons" ... This is patently - and constitutionally - improper.

"Master" warrants of this type have actually been used, on a consistent basis, since the Eisenhower administration. So, it is safe to assume the complaint didn't go very far. Still hanging on, in 2005, Barr wrote an editorial which criticized the Bush administration because:

... it chose not to inquire into the stench surrounding several of outgoing President Clinton's last-minute pardons, despite evidence that at least one --- fugitive fraud financier Marc Rich --- may have been procured at least in part by sizable donations through Rich's ex-wife, Denise, to the Clinton "presidential library" fund.

Perhaps we can learn more about Mr. Barr's opinions regarding the pardon power generally - if he has any - in the days and weeks to come. PardonPower may even send an e-mail his way and see what happens. Look for an update.

Arkansas: 9 Pardons

Governor Mike Beebe has announced that he will grant nine pardons. One will go to a woman who was convicted in 1992 of possession of cocaine with intent to deliver. The grant is opposed by the Pulaski County sheriff. The other pardons cover such offenses as forgery, theft of property, breaking and entering, receiving and possession of an instrument of a crime and delivery of marijuana. It is also reported that an additional 21 clemency requests were denied and 40 received no action. See story here.

Watch List: Some Movement

We have some movement on our Pardon Watch List. The 15-year sentence of Lawrence Hutchins III has been commuted to 11 years. See details on Hutchins' case here. There is also an editorial on the case here.

Presidential Pardon Watch List - P.S. Ruckman, Jr.

- Clarence Aaron (drug dealing)
- Willie Mays Aikens (sold drugs to an undercover agent)
- Conrad Black (fraud and obstruction of justice)
- Duane Chapman (deprivation of liberty) X - won extradition battle (11/6/07)
- Roger Clemens
- Jose Compean (illegal arrest of an alien)
- Edwin Edwards (convicted of racketeering)
- John Forte (cocaine)
- Gilmer Hernandez (civil rights violation)
- Lawrence Hutchins (soldier, murder X - sentence commuted to 11 years (5/9/08)
- Ron Isley (tax evasion)
- Jack Johnson (violated the Mann Act)
- Marion Jones (steroids)
- Scooter Libby (perjury, obstruction of justice)
- John Walker Lindh (terrorism)
- David H. McNab (smuggling and money laundering)
- Michael Milken (securities and reporting violations)
- Julius Nasso (conspiracy, extortion)
- O.Henry (embezzling bank funds)
- Lance Persson (drug dealing)
- Leonard Pielter (double murder of FBI agents)
- The Pig (tasting so good) X - White House spokesman says "no" (11/18/07)
- Jonathan Pollard (delivering classified information to foreign government)
- Ignacio Ramos (illegal arrest of an alien)
- George Ryan (corruption)
- Richard Scrushy (corruption)
- Don Siegelman (corruption)
- Jeffrey Skilling (fraud, conspiracy, insider trading)
- Martha Stewart (obstruction of justice)
- Michael Vick (conspiracy to operate interstate dogfighting ring)
- Robert Steve Vukelic (knowledge of a felony, failing to reporting it to authorities)
- Mark E. Whitacre (wire fraud, tax fraud, and money laundering)
- Jason Charles Yeager (methamphetamine charges)

Mississippi: Another Request

The Mississippi Supreme Court has set May 21 as the execution date for Earl Wesley Berry, who was convicted of kidnapping Mary Bounds from the parking lot of a church in 1987, beating her to death and dumping her body in the woods. Berry's October 2007 execution was halted by the United States Supreme Court just 19 minutes in advance. Attorneys say he is mentally retarded and request more time to appeal and ask Gov. Haley Barbour (R) for clemency. Berry's attorneys would also like a review of the State's lethal-injection procedures. Gov. Barbour, however, has apparently suggested that he will not change his mind regarding the case, having rejected a similar request on Berry's behalf last fall. See article here.

Context: Mother's Day and the Pardon Power

He was active in party politics and his buddy is sometimes given credit for getting Mother's Day officially recognized in the United States. But he fell into some legal trouble, was convicted, and found himself looking at a $12,000 fine and a prison sentence of 5 months. Things didn't look very cheery in the appellate process either. But, you see, this fellow was "close" to high-ranking White House officials and "well connected." Hundreds of appeals for mercy, from prominent persons, were produced on his behalf.

So, the President of the United States reduced the fine and granted a pardon before the convicted felon spent a single minute in the federal penitentiary - you know, the kind of thing CNN's legal "experts" never heard of until Scooter Libby came along! Oh, and one of his co-defendants (Mr. Mother's Day) was also fined $4,000 and sentenced to four months in a federal house of detention, but pardoned in advance of the service.

As if all of that was not enough, the President's abrupt and unexpectd pardons brought a major government investigation to a grinding halt. Wow! Who could ever forget this stuff? Everyone!

Happy Mother's Day!

Arkansas: Pardon

Gov. Mike Beebe has announced his intent to grant a pardon to Harold White, who was convicted in 1987 of delivery of marijuana. However, prosecutor Robin Carroll is objecting to the pardon application. See story here.

Campaign 08: Deja Vu All Over Again

Pondering the current status of the Democratic race for the presidency, Bob Herbert, in today's New York Times, notes (among other things):

The last time the Clintons had to make a big exit was at the end of Bill Clinton’s second term as president — and they made a complete and utter hash of that historic moment. Having survived the Monica Lewinsky ordeal, you might have thought the Clintons would be on their best behavior.

Instead, a huge scandal erupted when it became known that Mrs. Clinton’s brothers, Tony and Hugh Rodham, had lobbied the president on behalf of criminals who then received presidential pardons or a sentence commutation from Mr. Clinton.

Tony Rodham helped get a pardon for a Tennessee couple that had hired him as a consultant and paid or loaned him hundreds of thousands of dollars. Over the protests of the Justice Department, President Clinton pardoned the couple, Edgar Allen Gregory Jr. and his wife, Vonna Jo, who had been convicted of bank fraud in Alabama.

Hugh Rodham was paid $400,000 to lobby for a pardon of Almon Glenn Braswell, who had been convicted of mail fraud and perjury, and for the release from prison of Carlos Vignali, a drug trafficker who was convicted and imprisoned for conspiring to sell 800 pounds of cocaine. Sure enough, in his last hours in office (when he issued a blizzard of pardons, many of them controversial), President Clinton agreed to the pardon for Braswell and the sentence commutation for Vignali.

Hugh Rodham reportedly returned the money after the scandal became public and was an enormous political liability for the Clintons.

Both Clintons professed to be ignorant of anything improper or untoward regarding the pardons. Once, when asked specifically if she had talked with a deputy White House counsel about pardons, Mrs. Clinton said: “People would hand me envelopes. I would just pass them on. You know, I would not have any reason to look into them.”

See full editorial here.

South Dakota: Commutation Revisited

Debra Jenner has been denied parole seven times, but, will seek her freedom once again next week. In 1987, she stabbed her three-year-old daughter, Abby, 70 times with a Chicago Cutlery knife because the child was "fussy" (read more about the details of the murder here). In 2003, Jenner admitted her guilt in taped interviews and former Governor Bill Janklow (R) commuted her sentence to 100 years in prison. Chief Deputy Attorney General Mark Barnett opposes her release, however, because he says Jenner privately tells fellow inmates that she is innocent. As such, the 50-year old's sentence will end in 2039, with good behavior. Jenner's original sentence was life without the possibility of parole.

Montana: Canada and the Death Penalty

Ronald Allen Smith, a native of Red Deer, Alberta, Canada, was sentenced to death in March 1983 after he was found guilty of shooting two men in the back of the head just after they had offered him a ride while hitchhiking. Smith later said that he did it "to find out what it would be like to kill somebody." He also accepted his death sentence as an appropriate fate, but then changed his mind and engaged in a spirited round of appeals.

For years, Canada has lobbied foreign governments to show mercy to its citizens when they face the death penalty, requesting commutations of sentence (to life in prison) or that prisoners be returned to Canada to serve their term there. Canada got rid of the death penalty for its own citizens in 1976. Smith is the only Canadian on death row in the United States but, in November of 2007, the government of Canada announced a change in policy. It would not seek clemency for Smith. Today, however, a report at Canada.com notes:

Montana's governor told a top Canadian consular official last year that he was willing to consider commuting the death sentence of Alberta-born killer Ronald Smith - the only Canadian on death row in the U.S. - and transfer him to a Canadian prison if Canada would guarantee he'd be kept behind bars for at least five years. The revelation is contained in briefing notes prepared in November for Justice Minister Rob Nicholson and released on Friday after an Access to Information request by Canwest News Service.

As of now, no execution date has been set for Smith. See Canada.com report here.

Tennessee: New Path to Clemency Reform?

This report discusses consideration of legislation that would end state health benefits for General Assembly lawmakers convicted of a felony. The bill - the byproduct of arrests and convictions of lawmakers involved in the “Tennessee Waltz” federal bribery sting - has alread passed in the State Senate unanimously. According to the report:

Under the bill, neither the surviving spouse nor the dependent children of a convicted lawmaker would be eligible to continue health care coverage. The bill was amended to include any governor convicted of a felony. The benefits would be stopped on the date of conviction or plea, and the person would not be eligible for any refund of premiums, co-payments or other costs previously paid. In the event that a conviction was later overturned and the person was acquitted, or was granted a full pardon, then the person would be restored all rights in regard to continuation of health care coverage, according to the bill.

The State Fiscal Review Office calculated that if a single lawmaker was convicted of a felony during 2008-09, the state would save more than $700,000 over a 25-year period. PardonPower wonders if there might not be greater concern about atrophy in clemency powers if state legislators are required to take a greater interest in the topic via this kind of legislation!

Michigan: Editorial on Fugitive

The Detroit News has an editorial which provides the following commentary on Susan LeFevre, the fugitive from justice recently turned captive:

Under the Michigan constitution, Gov. Jennifer Granholm has the power to pardon LeFevre or commute the sentence. The process typically takes a month or two and begins with an application that goes to the 10-member state parole board. The panel reviews the case and recommends whether to commute the sentence or not. Governors and parole boards are generally wary of pardons and commuted sentences. There's a political and safety risk if the released prisoner commits a violent crime. There's no such risk here. LeFevre is expected to soon ask for the sentence to be commuted. Both the parole board and governor should approve the request. Writing mercy into the Constitution goes with the expectation it will be used at the appropriate time. This is one of those times.

See full editorial here.

Arkansas: A Huckabee Pardon

Here is a great article about one Jimmy Hinton, who dealt cocaine for five years and could be seen carrying around hundreds of thousands of dollars in cash, that is until a routine traffic stop in 1995. Hinton then spent five years in prison. And, when he left, former Governor Mike Huckabee (R)granted him a pardon. Now Hinton shares his story in elementary schools and in juvenile detention facilities. As he tells his listenters, "My calling now is, after all I've gone through, is to reach back and get you, so I want to stop you before you get to where I had to go."

Arizona: Rejection

On May 1, PardonPower reported on the clemency request of 78-year-old Max Dunlap, who was convicted of the 1976 car-bomb murder of Don Bolles, an Arizona Republic reporter. The Arizona Board of Executive Clemency has since denied Dunlap's commutation request despite the fact that he claims to be innocent. Dunlap is not eligible for parole until 2014. His family members said he should be released from prison because of his poor health, but Bolles' daughter said he should remain in prison.

Death Penalty Statistics

Georgia's execution of William Earl Lynd is the first of the year. Lynd was convicted of murdering his girlfriend in 1988. Here are some charts on Death Row and executions in the United States:

Death Row Population, 1953-2007
Executions, 1789-2008
Executions, 1953-2008
Death Row Population v. Executions, 1953-2007

Watch List: About the Watch List

Over the last couple of weeks, I have talked to reporters from the Washington Post and the Chicago Tribune who have expressed interest in PardonPower's Pardon Watch List. The legitimate questions were: What determines whether or not an individual gets on the list? and do I expect everyone on the list to be pardoned?

I have generally utilized the following criterion for adding individuals to the List: If an individual has been involved in a high-profile case or enjoys celebrity status, then I have put them on the list. I have especially done so if someone (a columnist, politician, or significant legal actor) has publicly called for clemency on their behalf, or has gone so far as to predict clemency. On the other hand, if public figures have called on the President to pardon relatively unknown persons in notable ways (speeches, editorials or publications), then I have also added names to the List. Likewise, if I have become aware of any organized effort to obtain clemency on someone else's behalf (petition drive, online petition, etc.)

Do I expect everyone on the List to be pardoned? I certainly do not. And that is all the more reason to keep it, and to attend to it regularly. We all know the boiler-plate criticisms of the criminal justice system: those that have the gold rule ... if you don't have the capital, then you get the punishment ... etc. While such rhetoric is not without grounding, it would be intellectually irresponsible to fail to recognize that prominent, well-connected, rich, celebrated persons do not always get what they want (apologies to Mr. Jagger and Co.). Justice Department officials are fond of addressing pardon "controversies" by noting that the typical pardon is granted to an unknown, an average person - if you will, in a non-controversial way. Although I am not aware of anyone having ever disputed that point, the Pardon Watch List, in effect, makes it more persuasively, and in advance of the oncoming storm.

And there's no need to worry or doubt. It will come.

Georgia: Rejection

CNN reports (here) that Georgia's Parole and Pardon Board has denied William Earl Lynd's request for clemency. If executed tomorrow evening, Lynd (who was convicted of murdering his girlfriend in 1988) would become the first person executed in the United States in more than seven months. Meanwhile, his lawyers have begun "a round of last-minute appeals."

Campaign 08: Another Radical Clemency Recipient

In today's Chicago Tribune, Steve Chapman carries on this campaign's tradition of poking around the world of pardons, making "connections" and drawing conclusions. As we know, Mrs. Clinton tried to tag Barack Obama with Weather Underground member Bill Ayers and Obama reminded her that her husband exercised the clemency power on behalf of Susan Rosenberg and Linda Evans - Weather Underground members who, unlike Ayers, actually spent time in prison. Adding to the fun, Chapman wonders about Republican candidate John McCain's relationship with another fairly radical individual, G. Gordon Liddy, whose prison sentence was commuted after four years by Jimmy Carter.

Chapman notes Liddy held a fundraiser in his home for McCain in 1998 and has contributed $5,000 to his campaigns over the years. McCain has also visited Libby's radio show, where he was greeted as "an old friend." McCain told Libby, "I'm proud of you [and] congratulations on your continued success and adherence to the principles and philosophies that keep our nation great." Chapman writes:

Which principles would those be? The ones that told Liddy it was fine to break into the office of the Democratic National Committee to plant bugs and photograph documents? The ones that made him propose to kidnap anti-war activists so they couldn't disrupt the 1972 Republican National Convention? The ones that inspired him to plan the murder (never carried out) of an unfriendly newspaper columnist? Liddy was in the thick of the biggest political scandal in American history—and one of the greatest threats to the rule of law. He has said he has no regrets about what he did, insisting that he went to jail as "a prisoner of war." All this may sound like ancient history. But it's from the same era as the bombings Ayers helped carry out as a member of the Weather Underground. And Liddy's penchant for extreme solutions has not abated. In 1994, after the disastrous federal raid on the Branch Davidian compound in Waco, Texas, he gave some advice to his listeners: "Now if the Bureau of Alcohol, Tobacco and Firearms comes to disarm you and they are bearing arms, resist them with arms. Go for a head shot; they're going to be wearing bulletproof vests. . . . Kill the sons of bitches." He later backed off, saying he meant merely that people should defend themselves if federal agents came with guns blazing. But his amended guidance was not exactly conciliatory: Liddy also said he should have recommended shots to the groin instead of the head. If that wasn't enough to inflame any nut cases, he mentioned labeling targets "Bill" and "Hillary" when he practiced shooting.

Chapman concludes that Obama should "apologize for associating with a criminal extremist" just after McCain takes the lead! See the full column in today's Tribune here.

Oklahoma: Recommendation

The State's five-member pardon and parole board has recommended that the life sentence of Norma Jane Lumpkin be commuted to time served. In 1981, Lumpkin took out a $210,000 life insurance policy on her husband and, with the help of a teenage accomplice, beat him to death with a baseball bat. The police found the body in the trunk of her car when she was pulled over for speeding. Today, Lumpkin's supporters say she suffered from "battered spouse syndrome," although a U.S. Circuit Court of Appeals has already considered this defense and upheld the original sentence. Some consider it noteworthy that abuse was not a central consideration during the course of the original trial. Although Lumpkin has been "written up" for misconduct three times while in prison, she is credited with having started "religious groups" during her stay. See story here.

Context: Our Favorite Fugitive. Part I

PardonPower has been following some pretty interesting stories in recent weeks regarding fugitives from justice who have been caught or have turned themselves in to state officials and are now seeking clemency from their respective Governors. There is Jack Hazen, a Vietnam War veteran who robbed a 7-Eleven clerk at knife point and waited about 10 months before escaping from a prison work program. Three decades later, Hicks was caught in Las Vegas, living under the name "Charlie Free." And there is Russell Trawick, who skipped out on a 10-year sentence for stealing money orders and was also captured three decades later. Trawick now wants to be at home with his wife who is dying of cancer. Most recently, we have Susan LeFevre, arrested for cocaine trafficking as a 19-year old. LeFevre escaped after only eight months, married, raised some kids and has now been captured at the age of 53. Of course, these are all cases at the state level.

Currently, one can visit a web page at Salon (here) where an Emily Yoffe cites unnamed "legal scholars" who, at the time, could only name two fugitives "in recent history" who received presidential pardons. Of course, in the world of journalism, "recent history" is often code for "I do now know history" (see commentary here). As a result, Yoffe writes, "Individual pardons of fugitives are almost unheard of." While it is always hard to dispute an anonymous person's sense of "recent history," the fact of the matter is that the history of federal executive clemency (from 1789 to 2008) is littered well enough individual pardons that were granted to fugitives from justice. Put another way: where we have useful data, we find pardons of fugitives.

Need bookends? In 1799, John Adams pardoned a ringleader of the Whiskey Rebellion, David Bradford, who was indicted for treason and fled to Spanish Louisiana. In 2000, Bill Clinton granted a pardon to the fugitive Preston King, who went to England being convicted for draft evasion. And, yes, then there Marc Rich. But, in a 2001 professional paper, I observed:

In preparation for my forthcoming book, I scanned the Annual Report of the Attorney General over a twenty-five year period (1907 to 1932) with the specific goal of finding pardons that were given to “fugitives from justice.” Even though my approach was somewhat casual (essentially a lot of fast eyeballing of very, very small print), I found a dozen such instances. A one-every-other-year estimate for the period must certainly be low, or conservative, as I may very well have overlooked some relevant cases and, in some instances, the Report may simply not have mentioned the “fugitive” status of clemency recipients. Of the twelve fugitives I quickly identified, eight had escaped from prison and four fled either before their crimes were detected or during the appellate process (and they were presumably out on bond).

As I would later conclude, pardons for fugitives are not the "norm," but they are far from the most radical or freakish events in the world of clemency decision making.

Was 1932 a long time ago? You betcha. But the Annual Report of the Attorney General stopped reporting individual acts of clemency in 1933. Thus, our inability to generalize about pardons of fugitives is more due to a lack of data than it is any particular reason to think such activity just stopped instantly, in 1933, and became "almost unheard of" since.

The New U.S. Pardon Attorney

The Washington Post's Al Kamen is giving some attention where little attention is usually given: to the U.S. Pardon Attorney. Kamen suggests the recent appointment of Ronald L. Rodgers to the position (see PardonPower post here) is "possible good news" for convicted felons. Kamen also describes the Office of the Pardon Attorney as a "much criticized" and a "creaky" program. See Post article here.

Michigan: Clemency for Fugitive Mom?

In 1975, Susan LeFevre plead guilty to drug-trafficking charges and received a sentence of 10 to 20 years in prison. She was 19 years old at the time, but was making several thousand dollars a week selling cocaine. But LeFevre only served a single year of her sentence, because she climbed over a barbed-wire fence and hopped in a getaway car driven by her grandfather. LeFevre married, raised some kids and changed her name to Marie Walsh. Last week, 32 years after the escape, she was arrested in San Diego. Her attorney says that he now will petition Michigan's Democratic governor, Jennifer Granholm, to commute the nine years remaining on the 53-year old mom's sentence. Granholm has commuted only 20 sentences since taking office in 2003, and all but two of those were for medical related issues. That is to say, the inmates were terminally ill and not expected to live much longer. See story here and here.

Arkansas: Recommendation

The Arkansas State Parole Board is recommending that Govenor Mike Beebe (D) grant clemency to one Anthony F. Thrash, a convicted killer who escaped from prison in 1996, only to be recaptured within months. Trash is currently serving a life sentence without the possibility of parole for a 1980 murder. The Board,however, is recommending that that sentence be commuted to 23 years. Thrash maintains he is innocent but his clemency application says he has not been "sitting around simply holding resentments or festering anger, bitterness and hostility." The clemency application is also opposed by the Desha County sheriff's office and prosecutors. See story here.

South Carolina: Pardon

The Associated Press reports that a Clarendon County police deputy, Todd Avant, has been granted a pardon less than one year after he pleaded guilty to possessing a gambling machine. Avant, who was fined $500, is seeking to get back his law enforcement credentials. Story here.

Arizona: Request

The Arizona Republic reports that a state panel will soon consider clemency for 78-year old Max Dunlap who was convicted for the 1976 murder of Arizona Republic reporter Don Bolles. Bolles died 11 days after a bomb exploded beneath his white Datsun (now enshrined in a museum dedicated to journalism) and Dunlap was believed to have hired two men to do "the job." In his clemency application, Dunlap says that he does not expect to live long, that he is "truly sorry" for his involvement with the other suspects in the crime and that he is "sorry for the newspaperman."See story here.

Watch List: New Policy in the White House?

When World Net Daily asked Dana Perino, the White House spokeswoman, about Ignacio Ramos and Jose Compean (see our Pardon Watch List) this was the reply: "There is a process under which anyone can apply for a pardon or a commutation. And if they want to take advantage of that process, they're absolutely welcome to." Did Scooter Libby apply for a commutation under "a process?" See story here.

North Carolina: For Judge?

The Charlotte Observer is issuing recommendation with respect to upcoming primary elections for North Carolina's Court of Appeals. The Observer notes two individuals are seeking the seat James A. Wynn has held for 11 years, Jewel Ann Farlow and Dean R. Poirier. Wynn is given the thumbs up, and the Observer notes:

Ms. Farlow has practiced civil and criminal law for 19 years and has a reputation for being hard-working, analytical and a passionate advocate for clients. (Voters considering that record might also be aware she received a pardon of forgiveness in 2001 from Gov. Jim Hunt for two misdemeanor larceny convictions in 1982.)

Doug Clark (here) notes Farlow has no web site but provides a link to a case where she was a litigant (here). Clark also provides language from a clemency warrant which says Farlow pled guilty to "two counts of Misdemeanor Larceny and Trespass" and received the following sentence: "12 months suspended with two years unsupervised probation with conditions and Prayer for Judgment continued upon payment of costs." Says Clark:

Greensboro attorney Don Vaughan represented Farlow in seeking this pardon. In a face-to-face interview with me Tuesday, Farlow would not discuss any of the circumstances of her convictions, which she attributed to "youthful stupidity." Born Jan. 6, 1958, she was 24 at the time and a graduate of Duke University. After our interview, I learned Farlow was charged with carrying a concealed weapon in Greensboro in 1983, but that charge was dismissed. I have tried to reach her to ask her about this, but she did not return my call by the time I left the office at 5:45. Why dwell on matters that happened 25 or more years ago and have been officially forgiven? Voters deserve to know. Farlow is running for one of the highest judicial offices in the state. That she was once convicted of criminal offenses is relevant. People can decide for themselves what importance to assign these matters.

See Observer story here.

Watch List: Siegelman Speaks!

The Huffington Post is featuring an interview with former Alabama governor Don Siegelman, a member of our Pardon Watch List. See interview here.

The President: Judge Walton on Libby

When U.S. District Judge Reggie B. Walton disagreed with the probation office's sentencing recommendations and denied Scooter Libby's request to remain free during appeals, he brought on President Bush's commutation of Libby's 2 1/2 year prison sentence (the $250,000 fine, felony conviction and probation remained). Prosecutor Patrick Fitzgerald complained about Bush's use of the pardon power immediately.

Judge Walton has waited until now to express his opinion. He believes the president "has that authority" (the power to grant commutations), that the President "exercised it, and that that has to be respected." But Walton appears to have little respect for the President's decision making otherwise.

For example, Walton expresses the time-worn, boiler-plate concern that "there are a lot of people in America who think that justice is determined to a large degree by who you are and that what you have plays a large role in what kind of justice you receive." Of course, these perceptions are also present with respect to thinking about the recruitment process for federal judges, like Walton. What is more, political scientist John R. Schmidhauser, in his book Judges and Justices, has well-documented the validity of these perceptions. Now, what are we to do? Impeach 90 percent of the federal judiciary?

Judge Walton is also concerned about an oncoming rash of criminal activity since, people "won't follow" the law if they do not "respect it." I have not seen the data on the validity of this concern/predicted increase as of yet, and the commutation was granted last July. But I suspect the expressed concern/prediction is about as valid as the expressed concerns/predictions that the President's critics had with respect to so-called "Libby Motions" (see commentary here, here, here, here, and here).

Finally, Judge Walton is also proud of the fact that he does not give white-collar criminals "a pass." The irony here, of course, is that it is perfectly reasonable to guess that Libby's social status is what got him into federal court to begin with. That us to say, his background, "privileged" status and "contacts" were not the source of an advantage. They were a distinct liability!

Regardless, one hopes Judge Walton is not simply ignoring the considered recommendations of other sentencing authorities and over-sentencing white collar criminals so as to appear to be a "tough" guy. Most of the President's critics agree that we really don't need any more of that in the federal judiciary. See story here.

Mississippi: Request

Gov. Haley Barbour (R) rejected Earl Wesley Berry’s request for a reprieve last fall. Now Mississippi Attorney General Jim Hood has set an execution date for May 5. Berry was convicted for the brutal 1987 murder of Mary Boundsawyers and his lawyers are now seeking a stay of execution from the Governor. They argue Berry is mentally retarded and that he should be allowed to seek clemency from the governor one more time. See full article here.

A New U.S. Pardon Attorney

From the U.S. Department of Justice: The Justice Department today announced that Attorney General Michael B. Mukasey has appointed Ronald L. Rodgers to serve as the U.S. Pardon Attorney. Rodgers will oversee the Office of the Pardon Attorney, which is responsible for reviewing petitions for executive clemency and preparing recommendations for the President.

Rodgers has served with the Department of Justice since March 1999 in the Drug Intelligence Unit of the Criminal Division’s Narcotic and Dangerous Drug Section, where he has been Director of the Unit since September 2005.

Prior to joining the Department of Justice, Rodgers served on active duty in the U.S. Marine Corps from 1977 to 1999. His final active duty assignment was as Circuit and Deputy Chief Military Judge of the Navy-Marine Corps Trial Judiciary from 1995 to 1999. During his time in the Marine Corps, Rodgers also gained several years experience as a prosecutor, defense counsel, and trial advocacy instructor.

Rodgers is a 1977 graduate of the U.S. Naval Academy, and a 1983 graduate of the University of Dayton School of Law, where he graduated summa cum laude. Rodgers also attended the U.S. Marine Corps Command and Staff College from 1989-90.

The Pardon Attorney assists the President in the exercise of executive clemency as authorized under Article II, Section 2, of the Constitution. Under the Constitution, the President's clemency power extends only to federal criminal offenses. Requests for executive clemency for federal offenses are directed to the Pardon Attorney for investigation and review. The Pardon Attorney prepares a report to the President for signature of the Deputy Attorney General with a recommendation for final disposition of each application. Executive clemency may take several forms, including pardon, commutation of sentence, remission of fine or restitution, and reprieve.

Utah: New Online Searchable Archive

Utah State Archives Series 328

DESCRIPTION: Case files consist of letters to the Governor, a formal application for a pardon, petitions and letters of support from the public and officials connected to the case and during the first 40 years, case files often contained court transcripts, biographical sketches, prison evaluations and a wide variety of related documentation. Cases illustrate the process of review by the board of cases of prisoners incarcerated in the Utah prison system to determine if they should be released before their regular sentence ended. Documents contain personal data about the prisoner, criminal activity, family background and evaluation of the prisoner's adjustment to incarceration.

Colorado: Juvenile Clemency

The Rocky Mountain News reports that, last year, Colorado's Juvenile Clemency Board was held out as "a last ray of hope for young prisoners serving time for crimes they committed in their teens." In his executive order establishing the Board last fall, Gov. Bill Ritter (D) attempted to design the Board for juvenile offenders who had been tried as adults. But the Board has since adopted criteria requiring each applicant to have been a "juvenile when he was tried and convicted as an adult." As a result, the Board does not consider the age of offenders at the time of the offense. Instead it considers their age at the time of conviction, or even sentencing. The piece notes "many cases, especially murder charges, can take a year or more to get to trial" and "a number of young prisoners become ineligible" under these guidelines. A resolution of these complications is expected in June. See story here.

Watch List: Pollard and Kadish, Again

This article at World Net Daily asks if the President might pardon Jonathan Pollard in the wake of the arrest of 84-year old Israeli spy Ben-Ami Kadish. The piece notes:

This is not the first time the intelligence community has tried to scuttle Jonathan's release, by creating a media frenzy to tie the president's hands. Each time, over the last 2 decades that there has been some sense that a commutation or a pardon might be in the offing, there have been official leaks to the media, creating such devastating press about Jonathan that it made it difficult for the president to proceed with commutation.

It should be noted, however, that the author of the piece is Pollard's wife, Esther.

Illinois: Some National Press for the Problem

This story in today's Washington Post relates the circumstance of Tabitha Pollock , whose conviction has been overturned by the Illinois State Supreme Court:

With a felony record, she cannot become a teacher, as she wants. She cannot collect damages from the Illinois government. On a trip to Australia, where customs officials questioned her when she arrived, she learned that the murder conviction always follows her. To fully clear her name, Pollock -- as well as a dozen or so other former Illinois inmates who have been exonerated -- needs an official pardon, which only the governor can give. She applied in 2002 but has received no word.

A spokesperson for the Governor Rod Blagojevich (D) explains that he is currently flooded with petitions and just doesn't have the time to focus on Pollock's case. Makes sense. That is what happens when you let things go as long as Blagojevich has. Of course, this is also why a federal district court has recently ruled that Illinois is violating the rights of clemency petitioners by doing nothing with their applications for extended periods of time (see summary of the federal ruling here).

The Post article also offers some interesting data on how states compensate exonerated prisoners. Alabama, for example, pays them $50,000 for each year of incarceration. New Jersey pays $40,000 or twice the inmate's previous annual income. Louisiana offers only $15,000, but provides counseling, medical care and job training. In Illinois:

... to regain a certifiably clean record and collect compensation -- a lump payment of $60,150 for five years or less in prison, or $120,300 for six to 14 years -- an exonerated inmate must obtain a "pardon based on innocence" from the governor. A 15-member state review board interviews the petitioners and makes a recommendation, but the governor is not obligated to make a decision.

Of course, the key word in all of that is pardon, at least in a state where your application may sit for 6-7 years, or longer, without any response whatsoever, and you cannot reapply, or update your application along the way (see commentary by Tamara Holder here). Meanwhile, the state legislature is considering legislation which would provide cleared inmates with "certificates" declaring their "innocence" and having the same legal effect as a pardon.

South Dakota: Commutations Remembered

This post, at the ArgusLeader, retells the story of "the Janklow 36." Twenty-two years ago, in October of 1986, Governor Bill Janlow (R) addressed the prison overcrowding pardon by releasing individuals that he considered to be "low-risk inmates with few South Dakota ties." Thus, the commutations were conditioned on the recipients leaving the state and never returning. The article says a commutation of that sort "has not been granted in South Dakota before or since." The result of the effort? The ArgusLeader notes:

It was a gamble that, according to an Argus Leader investigation, turned out to be a much bigger public safety risk to South Dakota and other states than the governor probably ever imagined. A few took advantage of the release to re-enter society, starting families and businesses. But many ended up in prison for crimes ranging from dealing drugs to armed robbery and burglary. At least six still are behind bars. One, Cliff Birch, raped a 23-year-old woman in a field between Freeman and Canistota only 20 months after he was granted his early release.

But the article also notes Governor Janklow used the pardon power "at an unmatched rate, issuing almost 2,000 commutations during the second eight-year stint in the governor's office." Nothing is said in the piece about the post-prison record of the other 99 percent of the persons who were released. Nonetheless, the piece concludes:

But the lesson of that decision is a valuable one today as state legislatures struggling with overcrowding and skyrocketing corrections budgets consider easing those pressure valves with early releases. At least eight states are considering freeing inmates or sending some convicts to rehabilitation programs instead of prison ... Now, as states grapple with overcrowding and surging corrections budgets, it's a lesson worth remembering, especially when places such as Kentucky and California are considering releasing thousands of inmates early.

But what exactly is "the lesson" here? Is it that clemency should not be used at all? Or, is it that better judgement should have been made with respect to "many" of the 36 individuals highlighted in the article? Maybe "the lesson" is that the state cannot be 100 percent accurate(only 99 percent) about the future of every individual who, at the time of release, might be worthy of clemency - a rate that might be considered fairly impressive in most other arenas of human activity.

Janklow initiated a program that made inmates eligible for earlier parole if they participated in community service projects. A 2003 task force decided that clemency program was "a good idea." Indeed, ninety-three percent of the nearly 2,000 commutations mentioned above (or 1,874 to be exact) were members of inmate work crews. In addition, most of those commutations were "minor sentence reductions" that simply pushed up an inmate's release date. On average, the difference was about 77.38 days. I am guessing that if most - or even a significant portion - of those released had commited heinous crimes and had been returned to prison, we would all know about it. That is to say, there is a reason for the lack of statistical insights regarding the other 99 percent.

Janklow's clemency decisions were actually "controversial" for another reason. From, 1995 to 2003, the State's nine-member Pardon and Parole Board received a whopping 4,540 applications for commutations. And yet the Board (composed of citizens) only recommended clemency in a 6 cases! Governor Janklow granted all but one of his commutations without input from the board. What is "the lesson" here?

Campaign 08: Clinton Comes Clean!

Mrs. Clinton has, at last, addressed her husband's use of the pardon power on behalf of two members of the radical group Weather Underground (see previous commentary here). The question became relevant, of course, when, in the recent debate, Mrs. Clinton attempted to brand rival presidential candidate Barack Obama for being acquainted with William Ayers, another member of the same group - a member who was never actually sent to prison. But, finally, Mrs. Clinton has been directly asked about her husband's decision making and she has responded:

Well, I didn't know anything about it.

Perhaps the cynic will not be pleased. But, recall, Mrs. Clinton knew nothing as to the whereabouts of those Whitewater billing records, until they were found in boxes in her closet (see commentary here). She knew nothing about the FALN pardons. She knew nothing about her husband's pardon of his own half-brother (Roger Clinton). She knew nothing about her brother, Hugh, collecting almost a half a million dollars to pursue pardons for others. But she was "upset" and "disappointed" to learn about it. She knew nothing about her brother, Tony, helping with pardons either. Mrs. Clinton knew nothing about William J. Cunningham (her campaign treasurer) pursuing pardons for two felons. But she was "disappointed" to learn about that business as well. It goes without saying that Mrs. Clinton knew nothing about the assistance fellow Arkansan and White House council Bruce Lindsey provided for her brother. But Mrs. Clinton took the trouble to tell CNN, "I don't know anything" (see Hillary revel in her lack of knowledge here).

Why, there just might not be any limit to what Mrs. Clinton does not know about one of the most scandalous chapters in the history of presidential pardons - the one which features her own husband, both of her brothers, her brother-in-law, her campaign treasurer and other long-time political associates.

Of course, we are still waiting to learn if Mrs. Clinton was/is "upset" or "disappointed" to learn of her husband's use of the pardon power on behalf of Weather Underground members Susan Rosenberg and Linda Evans. My advice: Don't hold your breath! See both the debate chat and Clinton's statement here.

Watch List: Update

Presidential Pardon Watch List - P.S. Ruckman, Jr.

- Clarence Aaron (drug dealing)
- Willie Mays Aikens (sold drugs to an undercover agent)
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