Celebrating Our 300,00th Hit !

Somaliland: 400 Plus Pardons

It is reported that "over 400 convicts" have "been released by the custodial corps" in Somaliland. The release is "part of the country's 22nd independence anniversary commemorations" and is "an annual activity" undertaken by the president around the time the country regained its sovereignty from Somalia. According to the custodial corps national operations officer, Commander Abdirahman  The prisoners had "light sentences" ranging from 2 years and below. See story here.

Edward Snowden: Pardon? Are You Serious?!

A presidential pardon for Edward Snowden? Come on! Don't be ridiculous! Well, yes, "ridiculous" is right.

Unless, of course, you are a regular reader of this blog. In which case, you would be well aware of the fact that a presidential pardon for Mr. Snowden would most certainly not be the strangest thing in the history of intelligence / espionage / and spying. Not even close.

Recall some of our recent posts:

1. Speaking of Captured Spies
2. The Spy Who Didn't Love Us (and was Pardoned)
3. The First Spy Pardon
4. Laura H. Ingalls - Just One Flight Too Many
5. Lincoln and the John Yates Beall Incident
6. Not Your Average German Pirate
7. John Deutch, And Why Not?
8. Context: How Soon We Forget
9. Clemency for Terrorists? Traaaaa-dition!
10. Kansas: Remembering "Red Kate"

Dear Mr. President, Pardon Edward Snowden

Reason Online reports:

More than 20,000 people have signed a petition urging President Obama to pardon the man who revealed details about two classified National Security Agency (NSA) programs. The “Pardon Edward Snowden” petition created on Sunday calls the former NSA employee and government contractor "a national hero" who deserves a full pardon. The petition on the official White House website had more than 20,000 signatures as of 2:10 p.m. Monday. “Edward Snowden is a national hero and should be immediately issued a [sic] a full, free, and absolute pardon for any crimes he has committed or may have committed related to blowing the whistle on secret NSA surveillance programs,” the petition states.

Update: The count is more than 30,000.
Update: The count is at 40,000.
Update: The count is now at 50,000.

Oklahoma: Mercy Recommended

The San Francisco Chronicle reports that the Oklahoma Pardon and Parole Board has recommended clemency for a man scheduled to be executed later this month. Thirty-nine year old Brian Darrell Davis was convicted for raping and murdering his girlfriend's mother. But the Board, in a 4-1 vote, has recommended that his sentence be commuted to "life in prison without the possibility of parole."

Davis is said to have "taken responsibility" for his actions, and has apologized. But Assistant Attorney General Robert Whittaker is reported to be "disappointed" with the Board's decision. Attorney General Scott Pruitt also denounced the decision as "incomprehensible" because Davis "does not deserve our pity or clemency." See full story here.

Arkansas: 7 Pardons

Arkansas Now reports that Governor Mike Beebe has announced his intent to grant seven pardons. Beebe also denied 61 clemency requests. The seven recipients have all "completed all jail time, fulfilled all parole-and-probationary requirements and paid all fines related to their sentences." Among the offenses addressed in the pardons:  Possession of Methamphetamine, Carrying a Weapon, Theft of Property, Burglary, Possession of Cocaine, Breaking and Entering, Possession of Drug Paraphernalia, Possession of Controlled Substances and Possession of Stolen Property. See story here.

South Carolina: Pardons and Guns

Lee Franklin Booth was convicted of second-degree kidnapping. But, in 2001, he received a pardon from former Governor Jim Hunt. Booth then tried to start a "gun-making business," but was unable to obtain a necessary federal license. It is now reported that a Court of Appeals has ruled that South Carolina's law banning felons from carrying firearms "does not apply to people who have been pardoned of a felony."  It is also said that the ruling "provides hope to gun enthusiasts who have lost the right to bear arms because of criminal convictions."  See story here.

Behenna Seeks Clemency from Obama

Now that the U.S. Supreme Court has rejected his appeal, Lt. Michael Behenna, will "turn full-time toward the clemency and parole process."  Behenna was sentenced to 25 years in prison for the unpremeditated shooting and killing of an unarmed Iraqi man during the course of an interrogation. The incident followed an insurgent attack with an improvised explosive device (I.E.D.) that killed two soldiers and three Iraqi civilians. Kali Borkoski described it as follows:

The driver of Christofferson’s MRAP didn’t see the IED. As it detonated, the vehicle somersaulted and crashed down on its roof in a cloud of smoke and dust. The force of the explosion rocketed an axle off the driveshaft, hurling it into the desert sky where it hung for a moment before slamming down. 

The driver of the second vehicle threw it into reverse. Some of the men in that MRAP didn’t even wait for him to stop before jumping out and running towards the explosion. Someone shouted into the radio, “Mad Dog 5 has been hit!” When the wounded MRAP settled to a stop it was empty, with its former passengers – depending on their injuries – either limping out of the smoke or lying in the dust around the wrecked vehicle. 

Christofferson had been thrown the farthest away from the wreckage. He landed face up, his mouth and brown eyes agape, hands at his sides with fingers crumpled. The lower half of his body was gone. Kohlhass was dead too, although he didn’t look it. He had barely a scratch. His lips were still quivering as the men from the second vehicle got to him. But then he was gone. Internal injuries, they would learn. 

Intelligence sources had linked the prisoner to the attack. But, Behenna claims that he actually acted in self-defense, when the prisoner reached for a handgun. Behenna's petition to the Supreme Court was supported by 27 retired generals and admirals. See story here. and here. Original documents on the case can be found here.

Kentucky: Clemency, Death Penalty Showdown

Brett Barrouquere of the Associated Press has written an interesting and informative article on circumstances surrounding the case of one Robert Foley, who is facing the death penalty after committing six murders. In a bid to obtain gubernatorial clemency, Foley has requested funds for a "crime scene reconstructionist," a "ballistics expert" and, perhaps most importantly, a "neuropsychologist" to diagnose the potential ramifications of neurological disorders resulting from an "extensive history of head trauma." Barrouquere notes at least one other individual (Parramore Lee Sanborn, in 2011) has received funds "for a mental health expert to aide in the clemency process."

But a U.S. District Court Judge has rejected Foley's requests as being based on "the mere hope of suspicion that an expert may find something of use, and is not based on any showing of actual reasonable necessity." The judge also observed that there were no signs of adverse impact from head injury or mental shortcomings. Foley is perhaps used to such rejection. Earlier, he failed to obtain funding for a $56,000 hip replacement.

In the background, Kentucky has executed no one since 2008, and has only executed three persons in the last thirty-seven years.

See complete story here.

OPA on "Denied or Closed Without Presidential Action"

The following correspondence concerns data which can be found on the web page of the Office of the Pardon Attorney, U.S. Department of Justice (here).

Friday, May 10, 2013

I am wondering if you could provide any insights on how one might go about disaggregating the data for the category labeled "petitions denied or closed without presidential action" from 1945 to 1977, in order to bring it into line with data from 1978 forward. Or, more specifically, I would like to be able to separate actual "denials" from the "closed without presidential actions."

As a separate issue, could you please elaborate as to why petitions would be closed without presidential action? Is there a common circumstance(s) that lead to such actions? Anything you could generalize about that would allow me to understand that category better? best, P.S. Ruckman, Jr., Editor, http://www.PardonPower.com

Monday, May 20, 2013

Dear Professor Ruckman, We have received your questions concerning the statistics regarding Presidential Clemency Actions by Administration that are available on our website. You have asked whether we are able to “provide any insights on how one might go about disaggregating the data for the category labeled ‘petitions denied or closed without presidential action’ from 1945 to 1977, in order to bring it into line with data from 1978 forward.” Unfortunately, we are unable to provide you with any information as to how the data can be subdivided ...

Your second question asks if we could “elaborate as to why petitions would be closed without presidential action.”  ... there are several circumstances under which such action is taken. Both pardon and commutation applications are closed without presidential action if the petitioner withdraws the application or dies during the pendency of its consideration. Moreover, a pardon application will be closed administratively if the petitioner repeatedly fails to respond to a request by the Pardon Attorney for information necessary for the processing of his application. Further, a commutation application will be closed administratively if an applicant who seeks only reduction of his prison sentence is released from prison before the President takes action on his request. Finally, since a person is not eligible to seek commutation of sentence if he is challenging his conviction or sentence through litigation, a commutation application will be closed administratively if it is learned that the clemency applicant is simultaneously seeking relief from the courts. We hope this information is helpful to you. Sincerely, Office of the Pardon Attorney

Colorado: Respite!

Gov. John Hickenlooper

One the more brutal blunders of media coverage of Scooter Libby's case was the notion that, if President Bush did not pardon Libby, Libby would be off to federal prison. So far as we are aware, only two analysts were informed enough to beg to differ. One, William Otis, recommended that Bush grant a commutation of Libby's prison sentence - which is what eventually happened.

The other, the Editor of this blog, noted that Bush could simply grant a respite, or a series of respites, delaying the prison sentence until Libby was able to appeal the verdict. Indeed, the Editor remains convinced that, had the President been truly convinced that Libby was innocent, a respite would have been the more intelligent decision. Regardless, for the most part, the media were clueless about the variety of forms of clemency available to the president.

In Colorado, Gov. John Hickenlooper has granted a "reprieve" to the so-called "Chuck E Cheese killer" Nathan Dunlap. It is reported that the delay of Dunlap's execution "will stay in force until Hickenlooper or another governor lifts it," but Hickenlooper has said "it was highly unlikely that he would revisit his decision."

In 1993, Dunlap (who was 19 years old at the time) walked into a Chuck E. Cheese restaurant in Aurora, shot five people in the head and took $1,500 from a safe. He had recently been fired from the restaurant.  See full story here.

Saunders: Obama, Holder Racing Toward the Big Ugly

U.S. Attorney General, Eric Holder

At the San Francisco Chronicle, Debra Saunders predicts that the "last few months" of the Obama administration are likely to be "ugly." And with good reason.

After all, the Attorney General of the United States is one Eric Holder, the man who played an infaous role in the infamous pardon of fugitive Marc Rich. Says Saunders:

Perhaps, having been pilloried for helping Clinton pardon a well-heeled fugitive and a group of unrepentant Puerto Rican terrorists, Holder decided that the second time around, as attorney general, he would advise the president that the best way not to abuse the pardon power is to barely use the pardon power. Since 2009, President Barack Obama has issued a mere 39 pardons for offenders who have served their sentences and one lonely commutation. Obama has the stingiest pardon record of any modern president. 

This dysfunctional approach to clemency, of course, increases the odds of something very much like a Clintonesque last-minute, controversial, pardon bonanza. If Obama does grant just about any number of pardons or commutations of sentence, it will look like a relative splurge. And any hint of controversy will surely be greeted with spectacular scrutiny and partisan rancor. It is just as certain that, during the final months, the pressure on the president to exercise the pardon power, at last, will be relentless.

Saunders notes, for example, that a recent Judiciary Committee hearing featured a Representative questioning Holder about a potential commutation of sentence for former Alabama Gov. Don Siegelman. Holder's response was certainly less than stellar and, yes, probably a sign of things to come. See full editorial here.

Connecticut: Secrecy as a Problem? or a Solution?

The Hartford Current reports there is a legislative attempt to "draw the curtain of secrecy around state government" by exempting pardon applications from the Freedom of Information Act. The Current editorializes that this "baneful" proposal:

... amounts to an attack on transparency that, if left unchecked, will breed even more cynicism and distrust of government. 

In addition to denying "public access to pardon applications and other records of the state Board of Pardons and Paroles" legislation "would also exclude the public from hearings."

It is argued that these changes are needed to "encourage offenders applying for pardons to be forthcoming in giving sensitive details — such as their mental health treatment or substance abuse recovery — in their applications about their efforts to rehabilitate." But, the Current notes, the Freedom of Information Commission argues the proposals are "a catastrophic blow to government transparency," and the public's "right to know" that "the decision-making process with respect to the granting of all pardons is fair, unbiased and free from influence."

See full story here.

Saunders: Holder Still a Mess When It Comes to Pardons

Debra Saunders of the San Francisco Chronicle observes that, at Wednesday’s House Judiciary Committee hearing, Rep. Steve Cohen asked Eric Holder about a possible presidential pardon for former Alabama Gov. Don Siegelman. Cohen argued President Obama could pardon Siegelman "now,” but Holder, evidently, attempted to rebut that notion by saying Siegelman wasn't eligible to "apply" for clemency because he has not served out his sentence and there is an ongoing appeal.

Cohen then observed what should have been the obvious (at least obvious to the Attorney General of the United States ... and the point person for the Marc Rich pardon and FALN commutations) - that Department of Justice "rules" and "guidelines" do not constrain the president in any way, shape or form. Holder then sheepishly agreed.

Cohen then asked Holder if the current U.S. Pardon Attorney was under investigation. Holder responded that there had been "some difficulties" with respect to some applicant (whose name he could not remember), but added that "corrective measures" had been "put in place" so such a "mistake" would "not happen in the future.” With exasperation, Saunders notes the individual was Clarence Aaron, "who outrageously was sentenced to life without parole for a first-time nonviolent drug offense."

Indeed, if Mr. Aaron's application is not the most famous around, it is certainly in the top 5. And a report by the Office of the Inspector General concluded the conduct of the Pardon Attorney, in the matter of Aaron's application, "fell substantially short of the high standards to be expected of Department of Justice employees and of the duty that he owed to the President of the United States." But Attorney General Holder only has a fuzzy memory of any of this? Wow! Imagine what it will be like for Congress to get information out of him that he doesn't want them to have!

Saunders accurately observes,

"... Holder should be outraged that Pardon Attorney Ronald Rodgers withheld vital information on Aaron’s case. The only corrective measure that can prevent a repeat would be to remove Rodgers from a position for which he tempermentally is unsuited."

See Saunder's complete post here. See our previous posts on Holder here.

Reverend, Bishop, Legislator Takes a Number

The Kansas City Star reports that the Reverend - Bishop and - Jackson County legislator James D. Tindall is seeking a presidential pardon stemming from his 1999 felony conviction because he wants to "clear his name." And the Justice Department has confirmed that there is a “pending pardon application” that is "currently under consideration."

Tindall, an African-American, has been elected to two, four-year terms since his conviction in 1999. He was charged with filing false income tax. See story here.

Idaho: Making (Idaho) History!

KIVI 6 (ABC) is reporting that Gov. C.L. "Butch" Otter has "issued pardons to two men who were convicted of trafficking illegal drugs, served time in prison, and are now turning their lives around on the outside." The recipients are said to be 57 year old Robert Thornton and 37 year old Eric Hinckley and it is the first time Otter has used the clemency power. It is also represents the first since 2000 (when Dirk Kempthorne was Governor). The pardons were granted "on the recommendation of the Idaho Commission for Pardons and Parole" and Otter says:

“This is the way it’s supposed to work. We send people to prison to protect the public, for punishment and as a deterrent. But we also send them to prison to be rehabilitated and -– we hope -– to be redeemed as citizens, neighbors, fathers, husbands, and taxpayers. Too often, it doesn’t work out that way. But for Robert Thornton and Eric Hinckley, it did. I’m proud of them. I’m confident they’ll stay on track, and I hope they’ll serve as examples to others of how to successfully emerge from our criminal justice system.”

See full story here.

The Mafia, the Murder Stable and Presidential Mercy

Author Virgil W. Peterson notes that, in the early 1900’s, Ignatio Lupo (a.k.a. Ignazio Saietta, a.k.a. “Lupo the Wolf”) was “the most important leader in the Sicilian-Italian underworld.” Lupo came to the United States in 1899, at the tender age of twenty-two. He had fled from Sicily after committing a murder and settled in East Harlem.

Author Carl Sifakis observes young Lupo gained an “awesome reputation” over the next few years as “the most desperate and blood thirsty criminals in the history of American crime.” Indeed, it became “common” for Italians to cross themselves at the mere mention of his name of the “most proficient and deadliest” racketeer in New York. Conventional wisdom was that Lupo was also behind countless episodes of torture in a building in Italian Harlem affectionately known as the “Murder Stable.” In 1901, a New York police detective who was assisting the Secret Service in an investigation of plots to kill President McKinley raided the structure at 323 East 107th Street. The property, owned by Lupo, was searched and diggings uncovered the remains of at least sixty murder victims.

AP: Finally Catching on to Alabama

On the 24th of last month, we noted that the governor of Alabama had not, in fact, "pardoned" the Scottsboro boys - despite a wealth of newspaper / web headlines suggesting that he did (see our post here). It appears now that the Phillip Rawls of the Associated Press is catching up to us (see article here). Rawls reports Alabama is "still working" on it. Indeed.

Quote of the Day: Isabella Pleas for Mercy

ISABELLA

Yet show some pity.

ANGELO

I show it most of all when I show justice;
For then I pity those I do not know,
Which a dismiss'd offence would after gall;
And do him right that, answering one foul wrong,
Lives not to act another. Be satisfied;
Your brother dies to-morrow; be content.

ISABELLA

So you must be the first that gives this sentence,
And he, that suffer's. O, it is excellent
To have a giant's strength; but it is tyrannous
To use it like a giant.
Could great men thunder
As Jove himself does, Jove would ne'er be quiet,
For every pelting, petty officer
Would use his heaven for thunder;
Nothing but thunder! Merciful Heaven,
Thou rather with thy sharp and sulphurous bolt
Split'st the unwedgeable and gnarled oak
Than the soft myrtle: but man, proud man,
Drest in a little brief authority,
Most ignorant of what he's most assured,
His glassy essence, like an angry ape,
Plays such fantastic tricks before high heaven
As make the angels weep; who, with our spleens,
Would all themselves laugh mortal.

From Shakespeare's Measure for Measure.

Iowa: Conditional Commutation of Sentence

The DesMoines Register reports Governor Branstad has conditionally commuted the life sentence of 67-year old Rasberry Williams, who shot and killed another man almost four decades ago. Williams, who turned himself in after the shooting, has long maintained that the killing was done in self-defense. The commutation does not release Williams from prison, however. It merely makes him eligible for parole. Prison official say Williams' record "has been extraordinary" and that he has "had a positive impact on the lives of both inmates and Department of Corrections’ staff,”

The Iowa Board of Parole recommended Williams for commutation, but now must decide whether or not to actually release him. Branstad suggested several conditions for releasing Williams, including that he not use drugs or alcohol or gamble and that he not have contact with the Givhan family.

It is also reported that "the state’s three most recent governors have granted commutations to inmates sentenced to death or life behind bars fewer than a dozen times in the past 30 years" although the population of inmates serving life in Iowa prisons without parole "has risen dramatically — from 162 inmates in 1983 to more than 600 today."