Terrific content and context for Prez Obama’s clemency work at Pardon Power

Long-time readers know that the blog Pardon Power is a must-read for anyone who cares about clemency policies and practices.  Of particular importance and value, P.S. Ruckman’s work at  Pardon Power consistently provides needed theoretical and historical context for better understanding recent clemency activities rather than falling prey to the the modern media tendency to follow and obsess over the latest “shiny object” of clemency.  Great examples of why Pardon Power is a must-read these days as we move into the twilight of the Obama era are these recent posts of note over the holiday weekend:

Obama’s 1,000th Commutation: Hold the Fireworks.

Obama Could (Should) Go EPIC.

Obama’s Legacy: Institutional Change v. An “Example”

Turkey “Pardons.” Why?

Obama: Breaking Records in a Broken System

Though I recommend highly all these posts, the last of the bunch has the most far-reaching and trenchant analysis. Here is how that piece starts and ends:

It seems more than likely that, before he leaves office, President Obama will break Woodrow Wilson’s record for commutations of sentence.  It is, however, more than a little amazing (if not highly informative) to compare the use of federal executive clemency in the two administrations.

By the time he left the White House, Wilson had granted 1,087 presidential pardons (as well as 226 respites and 148 remissions). Obama, however, has granted a mere 70 pardons, the lowest number granted by any president serving at least one full term since John Adams.  It doesn’t seem likely that Obama will pass out 1,000 plus pardons between now and the end of the term.  But there appears to be little concern about it on any front. So, it is what it is.

Consequently, clemency, for Obama, has meant — for the most part — commutations of sentence, almost exclusively for those convicted of drug offenses.  And these grants have — for the most part — been granted late in his second term.  Indeed, the Obama administration already features the largest 4th-year clemency surge of any administration in history….

The federal prison population has boomed since Wilson’s day.  The Obama administration has been receiving record numbers of clemency applications, for years. On top of that, thousands remain in prison who were sentenced under drug laws which have been undone.  The merciless neglect of the current clemency system needs to tanked.  The process needs to be removed from career prosecutors in the DOJ who are unable / unwilling to process clemency applications in a timely fashion, with an eye toward mercy.  The broken system has famously lacked transparency (since 1932) and, today, it even exempts itself FOIA law.

It is time to create a permanent clemency board / commission (a device often used in the states) in the Executive Office of the President of the United States.  It is time for mercy to emerge once again as a regular feature of criminal justice.  It’s not just about numbers.  It is about balance, fairness.  It is about rehabilitation and restoration.  It’s about presidents using a power that was given to them … to use … not to abuse, or neglect.