Maryland: 6 Pardons

The Blatimore Sun reports Governor Martin O'Malley has granted six pardons, his first exercise of the clemency power in 2 1/2 years. The Sun also reports only one of those pardoned actually had served jail time (seven days for petty theft). The crimes were committed between 1978 and 1996 and there are more than 600 clemency requests pending. See story here.

Arizona: Request

Stan Griffis, a former County Manager Stan Griffis, is serving a three-and-a-half-year prison sentence for stealing more than $400,000 from the County. After having served a little over two years of the sentence, he has now filed an application for a commutation. A prosecutor has sent a "packet" to the clemency board, however, and objects to any such consideration. It is noted that Griffis continues to deny that he violated the law and insists that his actions were approved of by a Board of Supervisors. Griffis' applications counters with "a list of positive accomplishments" (attending classes, teaching classes, helping illiterate inmates, woodworking and reading). He also notes that he has congestive heart failure, diabetes, malaria and nasopharyngeal stenosis. See story here.

Ohio: Request

The State parole board will meet on July 9 to consider the clemency application of 33-year old Jason Getsy who is scheduled for execution by lethal injection in August. Getsy has been on "death row" for some 13 years now. He was convicted for the murder of a 68-year old woman and the attempted murder of her son in exchange for $5,000. A witness later said that he "bragged" about the shooting and “grabbed a piece of pizza with no cheese on it and said, ‘This looks just like this bitch’s face after we shot her.” See story here.

Missouri: Pardon

The Associated Press reports 52 year old Michael Wayne Ford Sr. is finally walking out prison ... more than four years after he was granted clemency! Ford was convicted for the murder of a hitchhiker in 1977, but the AP reports:

Former Gov. Joe Teasdale represented Ford for a clemency request. Then-Gov. Bob Holden granted the request in 2004, making Ford eligible for parole. But the parole board denied his release a couple of times before finally letting him go Wednesday.

See story here.

Louisiana: Pardon Remembered

Theodore P. Mahne of the The Times-Picayune has put together a nice piece on the relationship between Huey P. Long and Seymour Weiss, who was granted a full and unconditional pardon by Harry S Truman on February 12, 1947.

Long's "preferred residence" in New Orleans was the Roosevelt Hotel which Mahen reports will reopen today! Long met the hotel's general manager and eventual owner, Weiss, and the two became so close that Weiss took charge of Long's personal and campaign finances. As a result, Weiss was a pallbearer at Long's funeral.

In 1934, Weiss was convicted of income tax evasion and surrendered back taxes in order to avoid federal prison. In the late 1930's income tax evasion was decorated with mail fraud charges and a sixteen-month prison sentence was the result.

But Mahen notes that - after parole and pardon - Weiss went on to "become one of the city's most influential businessmen" and, at death, was "reportedly worth more than $15 million." See story here.

Pennsylvania: Critical Clemency Ruling

The Associated Press reports that a federal judge has "reaffirmed a ruling that could make it easier for inmates serving life sentences in Pennsylvania prisons to get commutation requests considered by the governor." The ruling focuses on an amendment that was part of an "anti-crime package" advocated by Gov. Tom Ridge. It required unanimous approval of the State's five-member Pardons Board in order for a commutation of sentence to be recommended to the governor. The result of the change as been 3 commutations of sentence in the last 12 years. Previous to the amendment, a mere majority vote was needed, and commutations of sentence were granted more frequently. But U.S. District Judge A. Richard Caputo now says the amendment should not be interpreted to apply to those convicted before 1997 - a ruling which could affect the fate of literally thousands of prisoners. See story here.

Watch List: McCain Urges Symbolic Pardon

The Associated Press reports that that United States Senate is "urging" President Barack Obama to grant a posthumous pardon to the late black heavyweight champion Jack Johnson. Johnson was charged with violating the Mann Act almost a century ago. The resolution was sponsored by Arizona Republican John McCain. To date, Obana has not granted a single pardon or commutation of sentence. If it take symbolic politics to crank up the President's clemency policy, then so be it. See story here.

Obama: Mercy or Death?

153 days into his administration, Barack Obama has not granted a single pardon or commutation of sentence. As one of the slowest presidents in history to exercise clemency, he will soon be passing Eisenhower and George H.W. Bush and find himself in the company of Nixon, Clinton and George W. Bush. Now, what do those three have in common? Hmmm ...

However, Josh Gerstein of POLITICO.com reports Obama may "soon confront one of the most weighty and unsavory decisions that a chief executive must make, whether to put a murder convict to death." Gerstein reports there are 57 men and women on federal "death row" and the progress of some of their cases through the federal courts may soon result in their individual fates being in the hands of the president.

As a former office holder and candidate, Obama has sided with majority opinion on the death penalty. But his rhetoric often crumbles in the wake of practice and, well, that was then and this is now. Gerstein also notes death penalty opponents hope at least some possibility for "reform" may exist via the presence of Eric Holder as Attorney General. There were no executions in Bill Clinton's eight years as president and, according to Gerstein, the execution of Timothy McVeigh (Bush) was the first execution in the federal system in nearly four decades. For more details, see full story here.

Maryland: Getting Tough?

The Washington Post notes former Maryland Governor Robert L. Ehrlich Jr. (R) drew "national notice" for his "aggressive use of his executive clemency powers." Ehrlich actually granted only 249 pardons and commutations of sentence. But the current governor, Martin O'Malley, is said to have "quietly but abruptly reversed that trend" because he seed clemency requests as "less pressing than his other public-safety priorities." Or, as O'Malley puts it, he has a "tough-on-crime orientation." But, Margaret Colgate Love, a D.C. based attorney, sees it as being "tough" on "people who have been out many years, and they're looking for forgiveness." For additional information on clemency in Martland and Virginia, see the entires story here.

Illinois: Request (and Opposition)

WREX is reporting that Michael Hoover has filed a clemency petition. Hoover was convicted with two others for the murder of 1992 murder of Bob Peters who was working in his gun shop at the time of the incident. All three men received life sentences without the possibility of parole but Hoover was recently granted a clemency hearing. WREX reports that Hoover's petition emphasizes a "troubled childhood," his earning of a GED and the fact that he "found religion." Relatives of Peters are making the effort to mount strong, formal opposition to Hoover's request, which will be reviewed next month. See story here.

It should be noted that, currently, any clemency application in the State of Illinois has less than the proverbial snowball's chance of both a recommendation and a grant. The Governor has pledged attention to a backlog of literally thousands of applications inherited from Mr. Blagojevich.

Arkansas: Recommendation

The Asociated Press reports that the State parole board has recommended clemency for Twyanna Faye Martin who was convicted of capital murder for a 1977 kidnapping and slaying. The vote was 3-2. Three others were convicted in the abduction. See story here and here.

Mercy for Sgt. Leahy

Joel Hood of the Chicago Tribune has done some nice reporting in a story about 28-year old Sgt. Michael Leahy Jr., a former resident of Downer's Grove, who was sentenced to life in prison "for his role in the grisly, execution-style slayings of four bound Iraqi prisoners." Hood has uncovered that a brigadier general in Germany recently extended clemency to Leahy, reducing the sentence to 20 years with the possibility of parole. As a result, it is possible that Hood could be released after serving less than seven years. However, Hood's many supporters believe a full pardon is in order. At trial, soldiers testified that the killings were in "retaliation" for the deaths of soldiers from their unit. For additional details on the case, see full story here.

Ohio: Maurice Clarett, Not Yet

The Columbus Dispatch reports former Ohio State running back Maurice Clarett is reconsidering his previous request for a pardon from Gov. Ted Strickland . County prosecutors opposed the request from the beginning. The 25-year old Clarett is serving a 71/2-year prison term for robbery and gun convictions and blogging about his experiences there. It is reported that his release date is Feb. 3, 2014. See story here.

Missouri: Clemons Petition

Reginald Clemons has filed a 26-page clemency petition with Gov. Jay Nixon which calls on Nixon to "exercise an an historic act of grace" and "prevent a miscarriage of justice." Clemons was charged with murder at 19 years of age and was scheduled to be executed. His attorneys claim - for a variety of reasons - that he had incompetent counsel at trial. They also argue that police brutality rendered a coerced statement, the prosecutor was held in criminal contempt and fined for his misconduct during the penalty phase and federal judges have found that errors in the selection of the jury. See more on the case here.

Military Mercy

In chatting with a reporter from the Chicago Tribune this afternoon, PardonPower recalled some famous - or at least "notable" - examples of federal executive clemency in American history that have been related to the military

(Click on the name associated with each entry to see additional information):

2000 - Preston King (draft evasion)
1999 - Henry Flipper (embezzlement, first African-America USMA graduate)
1999 - Freddie Meeks (mutiny, Port Chicago incident)
1960, 1977 - Maurice Schick (murder, case to Supreme Court)
1950 - Leon Gilbert (insubordination, cowardice, 600,000 supporters!)
1945 - A Christmas amnesty to thousands of convicts who served honorably in the War
1945 - Sidney Shapiro (formally charged with obstruction of justice one hour before trial)
1944 - General Robert C. Richardson (charged with contempt, preemptive pardon)
1921 - Chaplain Franz J. Feinler (treason and propaganda)
1918 - Houston Rioters (riot, murder)
1913 - Thomas Franklin (financial irregularities, West Point treasurer)
1907 - John L. Lennon (AWOL, nephew of famous boxer, John L. Sullivan)
1900 - Admiral Bowman H. McCalla (had a thing for cruel and unusual punishments)
1890 - Dell P. Wild (refused to do "menial" work)
1890 - Lewis Carter (assault, robbery, desertion and a 99-year sentence)
1883 - John A. Mason (attempted to assassinate Garfield's assassin, Guiteau)
1882 - Fitz John Porter (disobeying an order, misconduct - blamed for Union loss at Bull Run)
1860 - Aaron Dwight Stevens (riot, assault, later one of John Brown's "officers")
1848 - General John C. Fremont (mutiny, declined pardon and resigned, aka "the Pathfinder")
1814 - General William Hull (surrendered Fort Detroit to British without a fight!)

Ohio: Request

Marvallous Keene will appear before the Ohio Parole Board to make his case for clemency today. It will be an uphill battle as Keene is responsible for five person killing spree in December of 1992. The killings are described by State media as "thrill killings." See story here. and here

Remembering Hunt's Search for Clemency

The FBI has released 167 pages of E. Howard Hunt's file as a result of a FOIA request by the Associated Press. Hunt worked for the CIA for more than two decades but made his mark in history by planning the Watergate break-in and serving 33 months in prison. It is reported that the "vast majority" of the file "relates to Hunt's request for a presidential pardon from President Ronald Reagan in 1981." In his application, Hunt said he had acted on what he "believed" to be "executive authorization delegated to the then Attorney General." He also argued that he was worthy of clemency because of his age, service to the country and his testimony against John Mitchell and John Ehrlichman. The request was denied. See story here.

Ohio: Request

John Fautenberry is scheduled to be executed next month. But, today, he is asking a State board for clemency. Fautenberry was convicted of the 1991 murder of a hitchhiker and two others. He has also been linked to the deaths of two people in Oregon. See story here.

Pennsylvania: Commutation of Sentence

Gov. Rendell has commuted the life sentence of George Gregory Orlowski who was convicted of a 1980 murder. The Philadelphia Inquirer notes such acts used to be "granted by the dozens," but "have all but ended" today. There are over 5,000 life-termers in Pennsylvania but only 3 commutations of sentence have been granted since 1994. On the other hand, an average of 12 life sentences per year were commuted from 1971 through 1994.

The Inquirer suggests "the clemency spigot all but closed in 1994" because of a pardoned killer named Reginald McFadden. Gov. Robert P. Casey paroled McFadden after the state pardons board had recommended the action. Later, McFadden murdered two others and kidnapped and raped a third. See more on clemency in Pennsylvania and the Orlowski case here.

Military Mercy: Contact Information

U.S. Army James Vick
U.S. Army Clemency and Parole Board
1914 Jefferson Davis Highway
CCM4 2nd Floor, Room 222
Washington, DC 22202
Phone: 703-607-1504 / Fax: 703-607-2047

U.S. Air Force James Johnston
U.S. Air Force Clemency andParole Board
1535 Command Drive EE
Wing 3rd Floor
Andrews AFB, MD 20762
Phone: 240-857-5329/ Fax: 240-857-1814

Navy/Marine Corps/Coast Guard:
President, Naval Clemency and Parole Board
720 Kennon Street, SE, Room 309
Washington Navy Yard
Washington, DC 20374-5023
Phone: 202-685-6455

Comment: The Home of Empathy

Diana Schaub is professor of political science at Loyola College in Maryland. Today, she has an editorial in the Baltimore Sun entitled, "Why is Empathy the Enemy of Justice?" It is truly one of the very finest editorials on the topic (and pardons) by a political scientist to date.

Schaub notes that "impartiality" has long been "thought" to be a "special quality" of judges - or at least a desired quality. She likens this "aspiration" to something like the search for a "disembodied mind." Although judges "regularly fall short" of the aspiration, Schaub says it is nonetheless "central" to the judicial task. It "enables the courts to be an effective recourse for the lowly and oppressed." It is the "disregard for persons" that establishes the notion of "equality before the law." Etc.

As a result, Schaub argues convincingly enough that the proper "home of empathy" is in the political branches of government. After all, it is the explicit duty of legislators (both state and federal) to empathize with, and represent, the "passions and concerns" of constituents. Likewise:

The chief executive is granted perhaps the most unique exercise of empathy: the power to pardon. Mercy and clemency belong to him, to be used as a corrective when the rigor of the law - as applied in a particular case - is too great. President Obama would be well-advised to reserve this constitutional prerogative for himself. Instead, there seems to be an increasing reluctance on the part of executives to use the pardon (other than midnight pardons of their cronies), which bespeaks yet another corruption of the separation of powers.

To which PardonPower says, "BRAVO!" See the full Schaub editorial here.

Virginia: Request

Another intriguing story from the Roanoke Times .... In 1988, Davey Reedy was convicted of starting a fire that killed his own two children and received two life terms plus 10 years. Now, after having served twenty-one years, he continues to maintain his innocence, has been paroled and is seeking clemency from Governor Tim Kaine. Amazingly, the story reads in part:

Prosecutors argued that Reedy torched his house while the children slept, then jumped out of a window, for one of two reasons: Either he bailed out of an intended murder-suicide, or he set the fire with the hope of rescuing his children and looking like a hero.

It is also reported that "a key piece of evidence" at trial was traces of gasoline on Reedy's shirt. It also did not help that he had previously threatened to burn down the house, with himself and the children inside.

Reedy filed a 65-page clemency request with Gov. Mark Warner in 2003. It is reported that, although Virginia abolished parole in 1995, about 8,000 inmates are still subject to the old laws. There are lots of other interesting details in the complete story here.

Michigan: Request

Gus Burns of the Saginaw News has a great story on the clemency effort of Ann P. Sangster
a 69-year old woman who has served 27 years of a mandatory life sentence. Sangster was charged with the brutal murder of Claraica "Clara" B. Davis, although her husband has claimed all along that he alone was responsible. The 15-member Parole and Commutation Board will hear Sangster's plea for a commutation of sentence and make a recommendation to Gov. Jennifer Granholm. The article notes commutation requests are rare and only a few are granted. A brother of the victim argues Sangster should remain in prison. See story here.

Florida: Request

WJHG 7 reports is reporting on the clemency request of Virgil McCranie. McCraine was charged for a sex crime when he was 19-years old because he slept with his 14-year old girlfriend. He also became a registered sex-offender. Today, ten years later, the two are married and have four children. But the conviction remains. Says, McCraine: “I just want a chance to be a regular person again." It is reported that a decision on the case may be made at the next clemency board meeting. See story here.

Washington: Request

KOMO News is reporting on the clemency bid of Mnny Uch, a Cambodian refugee and former gang member who has turned "civic leader." After serving time for driving a getaway car during a robbery, Uch began counselling young people to stay out of trouble. The state Clemency and Pardons Board has unanimously recommended a pardon, something needed in order for Uch to avoid being deported. Gov. Chris Gregoire will now decide Uch's fate. See story here.

Washington: Commutation for Three Strikes Offender?

The state's Clemency and Pardons Board has unanimously recommended clemency for Michael Lee Bridges, a three-strikes offender who has been imprisoned for more than 15 years. A county prosecuting attorney is supporting the application but only one other similarly situation prison has ever been released in the States. See story here.

Phillipine Maid to be Released

In 1997, the courts of Kuwait found May Vecina (a Philippine) guilty of killing her employer's 7-year-old son. In addition, she was charged with attempting to kill the victim's 13-year-old brother and 17-year-old sister. Vecina claimed, however, that she was physically and mentally abused by her employer. She was sentenced to death. Last year, Kuwaiti Emir Sabah Al-Ahmad Al-Jaber Al-Sabah commuted the death sentence to life imprisonment. It is now announced that Vecina has been pardoned and will be released "soon." See story here and here.

North Carolina: Black Asks for Commutation of Sentence

ABC News 13 reports Former State House Speaker Jim Black (D) has filed an application for commutation of sentence with Barack Obama's Department of Justice. A secondary request seeks to have Black relocated to North or South Carolina (from Pennsylvania) for the remainder of his 5-year sentence. The 74-year-old, who admitted to taking money from chiropractors while pushing their legislative agenda, is said to be in poor health. See story here.

Florida: Pardon for the Lizard King?

The Fine Print suggests there is a possibility that Florida governor Charlie Crist (R) is considering a posthumous pardon for Doors front man / "singer" / and former Florida State University student Jim Morrison - a.k.a. "The Lizard King."

In 1969, Morrison was convicted of "indecent exposure" during a Coconut Grove concern. He was sentenced to a term of six months in jail but died in July of 1971, in Paris, while his case was still being considered on appeal.

If he were to be pardoned, he would join an interesting list of musical types who have enjoyed the sweet tast of clemency: Keith Richards, Hampton Hawes, Merle Haggard, John Forte, Dick Contino, Peter Yarrow, etc.

See story here.

America to North Korea: Do As We Say, Not As We Do

Fox News and the Associated Press report that the United States "is pursuing 'every possible channel' to secure the release of two American journalists imprisoned in North Korea." Laura Ling and Euna Lee were recently found guilty of a "grave crime" and of illegally entering the country. Each was sentenced to 12 years in labor prison.

Without recitation of spefic details, White House Press Secretary Robert Gibbs unequivocally states that both women are "innocent" and should be "released." However, Secretary of State Hillary Clinton is concerned about "secrecy" surrounding the trial and the severity of the sentences. She says North Korea should immediately grant the prisoners clemency and deport them.

Ironically, it was Mrs. Clinton's husband, Bill, who perhaps did more damage to the day-to-day practice of clemency in the United States than any other president in history. And, as President, Mr. Obama is distinguishing himself on a daily basis as one of the Republic's slowest presidents when it comes to the use of the pardon power. To date, Obama's Department of Justice has not granted a single pardon or commutation of sentence. Will it take the likes of North Korea teach the administration a lesson in mercy? See story here.

Missouri: Calls for Clemency

News Leader.com reports the parents of Reginald Clemons are asking Gov. Jay Nixon to commute Clemons' death sentence. The thirty-seven year old is accused of shoving two sisters off of a St. Louis bridge 18 years ago. Clemons’ mother and stepfather say their son is innocent and actor Danny Glover is calling on the state not to "murder" one of "its own citizens." See story here and here.

Watch List: Clarence Aaron

Jennifer Lawinski, at Fox News, has finally put together a piece on Clarence Aaron - with links to two previous stories on Aaron (see also our Pardon Watch List). Aaron's application for a commutation of sentence was rejected by George W. Bush and he must wait one year before filing again.

In this piece, Lawinski focuses on what she sees as "reason to be optimistic" that clemency will be extended by Barack Obama. During the 2008 presidential campaign, Obama called on Congress to "revisit" sentencing guidelines that were established during 1980s. In an April congressional hearing, Assistant Attorney General Lanny Breuer announced that the Justice Department endorsed elimination of the sentencing disparity between crack and powder cocaine. Eric Sterling, former counsel for the House Committee on Judicial Affairs and president of the Criminal Justice Policy Foundation, says he thinks Obama will pardon small-time drug offenders serving harsh sentences, but not any time soon.

San Francisco Chronicle columnist Debra Saunders also thinks a commutation of sentence for Aaron "should be more likely" with Obama. But Saunders - who is aware of this blog - notes Obama has been "lax," failing, so far, "to issue a single pardon or commutation." As a result, when it comes to presidential pardons, Saunders says Obama may "be more like Bush than expected." See story here.

Obama's Race to the Bottom

132 days into his administration Barack Obama continues to distinguish himself as one of the slowest presidents in history when it comes to the use of federal executive clemency. With the number of clemency applications soaring, prison populations booming and increased concern over issues such as mandatory minimum sentences, the Obama Department of Justice cannot account for a single pardon or commutation of sentence. In the Republic's 220 years, only seven administrations have been slower. Among modern presidents, Obama is in an even smaller class - with Eisenhower (R), Nixon (R), George H.W. Bush (R), George W. Bush (R) and Bill Clinton (D). Obama will pass Eisenhower in just a couple of months. See chart here.

Too much on the plate? Hard to imagine Lincoln, Wilson and FDR had it easy. Not to mention they didn't have nearly as many career employees in the federal bureacracy to assist them. Remember, Obama is conspicuously proud of his supposed ability to "do more than one thing at a time."

Other priorities? During the campaign, Obama didn't mind pushing social security, health care, the economy and the deficit aside to discuss the pardon power. He was critical of Bush's commutation of Scooter Libby's prison sentence, issuing a formal statement and commenting on the matter regularly in stump speeches. During the presidential debates, he was critical of Bill Clinton's use of pardons. Obama also said, through a spokesman, that he would not grant a pardon to former fundraiser and associate Tony Rezko.

Signs there would probably be neither hope nor change? Obama selected Eric Holder as U.S. Attorney General. Holder showed little interest in the pardon power as deputy attorney general in the Clinton administration and, when he did show interest, the results were FALN and Marc Rich. In addition, Obama showed little interest / initiative when he simply retained the U.S. Pardon Attorney from the Bush administration. More troubling is the fact that the current Pardon Attorney was appointed by George W. Bush's to replace the former Pardon Attorney in the wake of a scandal.

What to expect? At this point, there is really very little reason to expect anything different from Obama. Pardons and commutations will come, eventually. Indeed, for all we know, Mr. Obama may wind up granting more pardons than any president in history. But the fact remains that the longer he waits to exercise the pardon power, the more of an afterthought it will appear to be. And, if he decides to spit out pardons in the month of December and in the last year of the term, clemency will continue to be viewed as a "gift," especially for partisan supporters, cronies and those with access to the White House in the chaotic last days of an administration.

Tennessee: Fugitive? or Pardon Recipient?

Dave Canfield of The Saratogan has a great story here regarding one Robert T. Henry III. Mr. Henry has been arrested and is accused of leaving a work release program way back in 1980 while serving out a 15-year sentence for robbery. Now 62-years-old, Henry says, with great confidence, that he was pardoned because his family gave Gov. Ray Blanton $10,000 in political contributions in exchange for clemency! This is the first of a two-part series.

North Carolina: A Pardon Remembered

David Perimutt of the Charlotte Observer has a piece here on "Charlotte's Forgotten Activist and Celebrity" - Harry L. Golden. Readers of this blog may remember Mr. Golden's name from a previous discussion of the validity of clemency warrants (here). While Golden certainly doesn't retain the high name recognition he once enjoyed, he will always remain on the target of serious students of the pardon power. That is exactly why I have dedicated an entire chapter to his case in my forthcoming book, Pardon Me, Mr. President: Adventures in Crime, Politics and Mercy.

Golden's book Only In America was a Nation-wide bestseller when it was revealed that he was actually writing under an alias. This effort was taken in order to conceal the fact that he was a convicted felon who spent significant time in the penitentiary system of New York. As an inmate, Golden also engaged in some questionable practices in order to secure an early release. While there may have been some chance Golden's rising star would fall from the sky, the revelation actually secured his place as a writer and social activist. Many famous persons publicly came to Golden's side and rallied in his defense. Thus, he continued to write (more than twenty books) and speak to a large and faithful audience.

For some odd reason, Golden (an outspoken life-long Democrat) decided to apply for a presidential pardon just three days before the end of the Johnson administration. The problem was that no one was projecting any possibility of a last-minute surge of pardons by LBJ, who had all but shut down the program months earlier in response to sharp criticism. That, more or less, placed Golden's application in the hands of Richard Nixon.

Several individuals in Nixon's Department of Justice asserted that Golden had no real "need" of a pardon and, on that point alone, were willing to look the other way. But, somehow, Golden's applications stayed alive. At one point, a clemency warrant was actually signed and sealed, but never delivered. Then the DOJ expressed concern that Golden may have filed a fraudulent clemency application (which is, in itself, a crime). The concern revolved around the fact that Golden had also been convicted for a second federal offense in the State of Alabama, but failed to list it on the application. Golden's lawyer was thus placed in the awkward position of explaining how the omission occurred. The path to the eventual pardon (granted by Nixon) was quite remarkable and when the right publisher for my book comes along, it will be revealed in full. It is too bad the story was not in print when President Bush "revoked" the pardon of Robert Isaac Toussie.

Illinois: 17 Pardons

Gov. Quinn has pardoned 17 individuals in a third wave of pardons since he replaced Rod Blagojevich. The cases were from the 2003 docket. An accompanying statement said Quinn "has made erasing the backlog of cases a top priority." See story here

Illinois: Ryan Again

The Chicago Daily Herald and Sun Times report former Gov. James R. Thompson (R) will continue his effort to have former Gov. George Ryan (R) released from prison. Perhaps unaware that President Obama is among the slowest presidents in history to exercise the pardon power, Thompson says he is going to give the President some time (perhaps 7 months) to deal with other things before filing a second petition for a commutation of Ryan's six and a half-year sentence. Ryan has almost served two years. Thompson confidently blames the indictment of former Gov. Rod Blagojevich (D) for the failure of the commutation petition that he filed during the final days of the Bush administration. See story here and here.

South Dakota: Pardon, At Last

KXnet.com reports that a man who spent seven years in prison "for a crime he didn't commit" has "finally" received a pardon from Governor Rounds. Irvin Schoenwetter was convicted of raping his 8-year-old stepsister and served time in prison until 1995. Afterward, he was forced to register as a "sex offender." The stepsister recanted her story in 2000, however, and, almost a decade later, a pardon has finally followed. See story here.

The President: Pending Applications. Continuing Problem

The Calgary Herald reminds us that George W. Bush denied the pardon applications of Michael Milken, Randall “Duke” Cunningham, Edwin Edwards, Mario Biaggi, John Walker Lindh and Leonard Peltier before leaving office. But President Bush failed to act on the applications of "corporate felons" Conrad Black and Bernard Ebbers. As a result, their applications are still pending at the Justice Department. Department spokeswoman Laura Sweeney says the applications of former Illinois Republican Governor George Ryan and Jonathan Pollard are also "pending" and thus "alive for consideration by President Barack Obama."

With some irony, Bush is described by the Herald as being "tight-fisted" with pardons without observing that President Obama has yet to grant a single pardon or commutation of sentence. As such, this administration is well on its way to becoming the very slowest to exercise the Article II clemency power. See story here.

Illinois: Judge Posner on Pardons

In Bowens v. Quinn, Judge Richard Posner considered the claims of 12 Illinoisans who had completed their sentences and filed petitions for executive clemency between 2003 and 2005. Each of the applicants contended that former governor Rod Blagojevich's failure to act on their petitions in a "reasonable" amount of time violated the due process clause of the 14th Amendment. But Judge Posner and the 7th Ciurcuit concluded the applicants had "no good constitutional claim" to an "entitlement" to reasonably prompt decision-making. Said he:

They want pardons because they have trouble finding and holding jobs, and they have to tell employers, if the employers ask, that they are felons ... though having a criminal record does reducer a person's job opportunities by impairing his reputation for god character, reputation is not a property or liberty interest withing the meaning of the due process clause of the federal Constitution.

Posner also argues Illinois statutes do not "create a requirement of prompt" or "any action" by the governor in a clemency petition. Instead, the State statutes simply describe "the sequence of procedures" in the clemency process. Finally, he wonders what a "reasonable" time for deciding on a clemency application would be? Posner concludes:

Executive clemency is a classic example of unreviewable executive direction because it is one of the traditional royal prerogatives [borrowed] by republican government for bestowal on the head of government. [We] therefore balk at the idea of federal judges setting timetables for action on clemency petitions by state governors. [Federal] courts have run prisons, school systems. police and fire departments and other state and local agencies found to have engaged in unconstitutional conduct. But for a federal court to run a governor's pardon system would be a step too far.