Our
President is going out with a Fourth of July Bang. Think about all the
wonderful things that have occurred in the last month of his term of
office alone. He will, I believe, be remembered for that including the
upholding of his Affordable Care Act offering health and life to
millions who never had health insurance before; gay marriage one of the
biggest and, in my opinion, one of the greatest civil rights decisions
since the uprooting of Jim Crow in the nation's history granting
marriage and happiness to millions who should have had the opportunity
before. Without the President's support this never would have occurred;
and the upholding of the Fair Housing Act for which his administration
argued.
There is more on the list during his eight years -- much more -- but I do not have the time to list the many other humane and good things this President has done for our nation in the face of virulent obstructionist and racist opposition who were dedicated to the ruination of his presidency and said exactly that.
The next great thing will be granting clemency to many jailed for non-violent offenses. It will be the most granted clemency ever. I am pasting the article from the NYT in its entirety below. I wish he had four more years and a Democrat controlled Congress.
Wishing cannot make it so. My fervent prayer is that this nation with the help of millions upon millions of Hispanic voters, voters of color, women, the disabled, the elderly and the intelligent who make up the Democratic and Progressive base, will kick extremist RepuGlican thug racists, corporate bought K Street legislative puppets, tea baggers and corrupt politicians from here to kingdom come OUT.
Republicans, other right wing gun nut extremist fanatics and the extremist religious right are the know nothing anti-science cancer of hate in our nation. They are killing us and they MUST be stopped!
ELECTIONS MATTER. VOTE AND WORK FOR DEMOCRATS WHO CAN WIN! GOD BLESS AMERICA AND GOD BLESS THIS PRESIDENT. BECAUSE OF HIM IT IS FOR ME A HAPPY FOURTH OF JULY INDEED. I HOPE IT IS FOR YOU!
Here is what the President is doing next: Obama Plans Broader Use of Clemency to Free Nonviolent Drug Offenders
“It’s a touchy situation,” Mr. Cole said in an interview. “You don’t want to just supplant a judge’s determination of sentence.” But after reviewing many clemency petitions, he said, “I’d seen a number of them where the sentences seemed very high for the conduct and it noted that the judge at the time of sentencing thought the sentence was too high. We looked at that and thought this really isn’t supplanting the judge.”
There is more on the list during his eight years -- much more -- but I do not have the time to list the many other humane and good things this President has done for our nation in the face of virulent obstructionist and racist opposition who were dedicated to the ruination of his presidency and said exactly that.
The next great thing will be granting clemency to many jailed for non-violent offenses. It will be the most granted clemency ever. I am pasting the article from the NYT in its entirety below. I wish he had four more years and a Democrat controlled Congress.
Wishing cannot make it so. My fervent prayer is that this nation with the help of millions upon millions of Hispanic voters, voters of color, women, the disabled, the elderly and the intelligent who make up the Democratic and Progressive base, will kick extremist RepuGlican thug racists, corporate bought K Street legislative puppets, tea baggers and corrupt politicians from here to kingdom come OUT.
Republicans, other right wing gun nut extremist fanatics and the extremist religious right are the know nothing anti-science cancer of hate in our nation. They are killing us and they MUST be stopped!
ELECTIONS MATTER. VOTE AND WORK FOR DEMOCRATS WHO CAN WIN! GOD BLESS AMERICA AND GOD BLESS THIS PRESIDENT. BECAUSE OF HIM IT IS FOR ME A HAPPY FOURTH OF JULY INDEED. I HOPE IT IS FOR YOU!
Here is what the President is doing next: Obama Plans Broader Use of Clemency to Free Nonviolent Drug Offenders
Photo
Credit Doug Mills/The New York Times
WASHINGTON — Sometime in the next few weeks, aides expect
President Obama
to issue orders freeing dozens of federal prisoners locked up on
nonviolent drug offenses. With the stroke of his pen, he will probably
commute more sentences at one time than any president has in nearly half
a century.
The expansive use of his
clemency power
is part of a broader effort by Mr. Obama to correct what he sees as the
excesses of the past, when politicians eager to be tough on crime threw
away the key even for minor criminals. With many Republicans and
Democrats now agreeing that the nation went too far, Mr. Obama holds the
power to unlock that prison door, especially for young African-American
and Hispanic men disproportionately affected.
But even as he exercises authority more assertively than any of his
modern predecessors, Mr. Obama has only begun to tackle the problem he
has identified. In the next weeks, the total number of commutations for
Mr. Obama’s presidency may surpass 80, but more than 30,000 federal
inmates have come forward in response to his administration’s call for
clemency applications. A cumbersome review process has advanced only a
small fraction of them. And just a small fraction of those have reached
the president’s desk for a signature.
“I think they honestly want to address some of the people who have been
oversentenced in the last 30 years,” said Julie Stewart, the founder
and president of
Families Against Mandatory Minimums,
a group advocating changes in sentencing. “I’m not sure they envisioned
that it would be as complicated as it is, but it has become more
complicated, whether it needs to be or not, and that’s what has bogged
down the process.”
Overhauling the criminal justice system has become a bipartisan
venture. Like Mr. Obama, Republicans running for his job are calling for
systemic changes. Lawmakers from both parties are collaborating on
legislation. And the United States Sentencing Commission has
revised guidelines for drug offenders, so far retroactively reducing sentences for more than 9,500 inmates, nearly three-quarters of them black or Hispanic.
The drive to recalibrate the system has brought together groups from
across the political spectrum. The Center for American Progress, a
liberal advocacy organization with close ties to the White House and
Bill and Hillary Rodham Clinton, has teamed up with Koch Industries, the
conglomerate owned by the conservative brothers Charles G. and David H.
Koch, who finance Republican candidates, to
press for reducing prison populations and overhauling sentencing.
“It’s a time when conservatives and liberals and libertarians and lots
of different people on the political spectrum” have “come together in
order to focus attention on excessive sentences, the costs and the like,
and the need to correct some of those excesses,” said Neil Eggleston,
the White House counsel who recommends clemency petitions to Mr. Obama.
“So I think the president sees the commutations as a piece of that
entire process.”
The challenge has been finding a way to use Mr. Obama’s clemency power
in the face of bureaucratic and legal hurdles without making a mistake
that would be devastating to the effort’s political viability. The White
House has not forgotten the legacy of Willie Horton, a convicted
murderer who raped a woman while furloughed from prison and became a
powerful political symbol that helped doom the presidential candidacy of
Gov. Michael S. Dukakis of Massachusetts in 1988.
But with time running short in Mr. Obama’s presidency, the White House
has pushed the Justice Department to send more applicants more quickly.
Mr. Eggleston told the department not to interpret guidelines too
narrowly because it is up to the president to decide, according to
officials. If it seems like a close case, he told the department to send
it over.
Deborah Leff,
the department’s pardon attorney, has likewise pressed lawyers
representing candidates for clemency to hurry up and send more cases her
way. “If there is one message I want you to take away today, it’s this:
Sooner is better,” she told lawyers in a video seminar
obtained by USA Today. “Delaying is not helpful.”
Under the
Constitution,
the president has the power to grant “pardons for offenses against the
United States” or to commute federal sentences. A pardon is an
act of presidential forgiveness
and wipes away any remaining legal liabilities from a conviction. A
commutation reduces a sentence but does not eliminate a conviction or
restore civil rights lost as a result of the conviction.
In recent times, attention has focused on presidential pardons because
they have become politically controversial, such as Gerald R. Ford’s
pardon of Richard M. Nixon, the elder George Bush’s
pardons of Iran-contra figures and Bill Clinton’s
pardons of the financier Marc Rich and scores of others.
Modern presidents have been far less likely to commute sentences.
Lyndon B. Johnson commuted the sentences of 80 convicted criminals in
the 1966 fiscal year, and
no president since then has matched
that in his entire administration, much less in a single year. Ronald
Reagan commuted only 13 sentences in eight years in office, while George
W. Bush commuted just 11 in the same amount of time. The elder Mr. Bush
commuted three sentences in his four years.
Mr. Obama started out much like the others, commuting just one sentence
in his first five years in office. But in his first term he signed a
law easing sentencing for new inmates by reducing the disparity between
crack and powder cocaine, while his attorney general, Eric H. Holder
Jr., issued new guidelines to prosecutors to avoid charges requiring
excessive prison terms.
In his second term, Mr. Obama embarked on an effort to use clemency and
has raised his total commutations to 43, a number he may double this
month. The initiative was
begun last year by James M. Cole,
then the deputy attorney general, who set criteria for who might
qualify: generally nonviolent inmates who have served more than 10 years
in prison, have behaved well while incarcerated and would not have
received as lengthy a sentence under today’s revised rules.
“It’s a touchy situation,” Mr. Cole said in an interview. “You don’t want to just supplant a judge’s determination of sentence.” But after reviewing many clemency petitions, he said, “I’d seen a number of them where the sentences seemed very high for the conduct and it noted that the judge at the time of sentencing thought the sentence was too high. We looked at that and thought this really isn’t supplanting the judge.”
To respond to Mr. Cole’s call, several groups formed a consortium of
lawyers to prepare applications for inmates, including the American Bar
Association, the American Civil Liberties Union, the National
Association of Criminal Defense Lawyers and Ms. Stewart’s advocacy
group. The more than 30,000 inmates who applied inundated the effort.
The consortium, called
Clemency Project 2014,
now has more than 50 law firms, more than 20 law schools and more than
1,500 lawyers participating. But the process is burdensome as the
volunteer lawyers try to dig out documents from more than a decade ago
to satisfy the criteria. So far, they have screened out 13,000 inmates
who did not meet the guidelines and sent just over 50 applications to
the Justice Department.
Cynthia W. Roseberry, who left her job as a top federal public defender
in Georgia to lead the project, said it took a while to set up a
process but it has now been streamlined. “The lawyers will be able to do
the analysis a lot quicker and we’ll be able to move them faster,” she
said.
Aside from the Clemency Project, the Justice Department has received
more than 6,600 applications for commutations since Mr. Cole outlined
the criteria, more than twice the rate over a similar period earlier in
Mr. Obama’s presidency. Ms. Leff, the pardon attorney, has solicited
volunteers from around the department to give a day or more a week to
help out, but her office is taxed. The White House has asked Congress to
increase funding for the office from $3.9 million this year to $5.9
million next year.
Margaret Love, who served as pardon attorney under the first Mr. Bush
and Mr. Clinton and now represents prisoners applying for clemency, said
the process had become a mess. “It’s really poor management,” she said.
“These are people who don’t have any history with sentence reduction.
They’ve been putting people in prison all their lives. They don’t know
how to get them out.”
Senator Charles E. Grassley of Iowa, the Republican chairman of the
Judiciary Committee, has expressed concern that the Justice Department
has essentially outsourced a government function to the Clemency Project
2014. Department officials dispute that, saying the project does the
same thing lawyers have always done in helping candidates for clemency
prepare applications.
The department noted that it still reviews the cases and makes it own
judgments before sending recommendations to the White House. Officials
acknowledged that it was slow in starting the effort. “There was a
start-up time, but now we’re really in it,” said Emily Pierce, a
department spokeswoman. “We feel we’re moving at a good pace.”
In December, Mr. Obama
commuted the sentences of eight drug offenders, and in March he
followed up with 22 more.
If he accepts most of the latest applications sent to the White House,
some officials said it would probably double that last batch of 22,
exceeding the 36 commutations Mr. Clinton issued at one time on his last
day in office.
Among those Mr. Obama granted clemency in March were
eight prisoners serving life sentences
for crimes like possession with intent to distribute cocaine, growing
more than 1,000 marijuana plants or possession of a firearm by a
convicted felon.
Mr. Obama signed letters
to the recipients explaining that they had demonstrated the potential
to turn their lives around. “By doing so, you will affect not only your
own life, but those close to you,” he wrote. “You will also influence,
through your example, the possibility that others in your circumstances
get their own second chance in the future.
“I believe in your ability to prove the doubters wrong,” he added. “So good luck, and Godspeed.”