Sunday, November 23, 2008

A Footnote to Remember

" ... President Clinton acted more controversially in the case of Paul Prosperi, an attorney charged and convicted for swindling clients. While Prosperi was awaiting sentencing. Clinton commuted 'any total period of confinement that has already been imposed or could be imposed in the future upon Arnold Paul Prosperi as a result of his conviction' ... In essence, Clinton placed a cap on the sentence that Prosperi could receive. The cap not only departed from the applicable sentencing guidelines but it seemingly undermined the Court's role of exercising discretion in sentencing. Although the cap may well be consistent with the separation of powers doctrine, it can be seen as an affront to the dignity of the sentencing court. Clinton could not wait for sentencing given the impending expiration of his term in office."

Footnote 190, page 1697, from Harold J. Krent, "Conditioning the President's Conditional Pardon Power," 89 California Law Review 1665-1720.

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