We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.
TRUMP SAYS HE’S CONSIDERING CLEMENCY FROM LIST OF 3,000 PEOPLE
In the wake of widespread approval for President Trump’s commutation last Thursday of federal inmate Alice Johnson’s drug conspiracy life sentence, the President said that he was considering other pardons drawn from a list of 3,000 names.
The president was praised for granting clemency to the 63-year old grandmother, who had already served 21 years. Her case was championed by reality TV celebrity Kim Kardashian West, who met with Mr. Trump a week ago to urge grant of commutation to the Memphis woman.
Trump did not say whether he was only considering pardons or was looking at commutations as well, but he seems to be willing to use his clemency power to either pardon outright or just to commute sentences. Without explaining the origin of the list of 3,000, the President said, “Many of those names really have been treated unfairly.”
Trump also asked NFL players to suggest people worthy of clemency, an apparent attempt to end his battle with the NFL over players kneeling during the National Anthem to protest social injustice. “If the players, if the athletes have friends of theirs or people they know about that have been unfairly treated by the system, let me know,” Trump said.
There is some irony in Trump reviewing the cases of 3,000 federal inmates incarcerated for drug offenses, given his criticism of President Obama for doing the same thing, and Trump’s permitting Attorney General Jefferson Beauregard Sessions III to rescind Obama-era charging policies for nonviolent drug offenders.
The DOJ pardon office has a reputation for slow decision-making. Only 26% of the backlog of 11,200 pardon and commutation cases were filed since Trump became president. Trump has thus far denied 180 pardon and sentence-reduction applications, but that was before Trump realized that exercising his clemency power without DOJ input could be such fun.
FAMM president Kevin Ring and Ohio State University law professor Doug Berman expressed concern last week that there may be “enormous excitement among inmates,” given Trump’s clemency record to date. Berman pointed out that Trump has only commuted two sentences so far, “and I have no reason to believe he has plans to start issuing dozens (let along hundreds) of additional commutations anytime soon. Political realities have seemed to be influencing all of Prez Trump’s clemency work to date, and precious few federal prisoner have political forces in their favor.” While Berman hopes Trump will pleasantly surprise people, he says, “hopes ought to be tempered for now.”
One commentator suggested that perhaps Trump can be talked into backing the Sentencing Reform and Corrections Act, (S.1917), which includes a retroactive rollback of some mandatory-minimum sentences, if he realizes how much it will annoy Sessions, whom he reportedly has wanted to fire. Sessions, of course, is the loudest and most vitriolic opponent of the SRCA. Just last Thursday, Trump announced his support for a Senate bill that would limit Sessions’ DOJ from bringing marijuana enforcement actions in states where it is legal, an announcement Buzzfeed described as a real “F— You” to Sessions
The New York Times, Trump Says He’s Considering a Pardon for Muhammad Ali (June 8, 2018)
The Hill, Trump says he is considering pardon for Muhammad Ali (June 8, 2018)
Business Insider, Trump’s commutation of a 63-year-old grandmother’s sentence is an example of where his disregard for institutions pays off (June 7, 2018)
The New York Times, Pardon System Needs Fixing, Advocates Say, but They Cringe at Trump’s Approach (June 1, 2018)
– Thomas L. Root
