The web page of that Office notes that it is the "general" policy of the Department of Justice "not to accept for processing applications for posthumous pardons for federal convictions." As a result, we have simply requested that the OPA consider the merits of the several arguments in our application, and grant it the status of "exception."
It is also noteworthy that the OPA explains its "general" policy is based on the belief that:
Many posthumous pardon requests would likely be based on a claim of manifest injustice, and given that decades have passed since the commission of the offense and the historical record would have to be scoured objectively and comprehensively to investigate such claims, it is the Department’s position that the limited resources available to process applications for Presidential pardon are best dedicated to applications submitted by living persons who can truly benefit from a grant of clemency.This is noteworthy because the application we have filed on behalf of William Porter does NOT base a claim on much of anything that is debatable, or that would requires the scouring of historical records, or a comprehensive investigation. Our application is based on considerations well-known and, frankly, beyond dispute - William Porter’s rehabilitation, and post-prison life as a well-respected, law-abiding citizen. One need only reference the fact that President Obama actually quoted O. Henry while granting pardons to Thanksgiving turkeys last year.
Sign the online Pardon O. Henry petition here.