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Suzanimal
09-16-2016, 12:28 PM
WASHINGTON — For 126 federal inmates who received presidential clemency last month, the good news might have come with a dose of disappointment.

President Obama had granted their requests for commutations, using his constitutional pardon power to shorten their sentences for drug offenses. But instead of releasing them, he left them with years — and in some cases, more than a decade — left to serve on their sentences.

As Obama has begun to grant commutations to inmates convicted of more serious crimes, Obama has increasingly commuted their sentences without immediately releasing them. These are what are known as "term" commutations, as opposed to the more common "time served" commutations, and they represent a remarkable departure from recent past practice. Unlike a full pardon, commutations shorten sentences but leave other consequences of the conviction in place.

A USA TODAY analysis of Obama's 673 commutations shows a marked change in strategy on his clemency initiative, one of the key criminal justice reform efforts of his presidency.

Before last month, almost all of the inmates whose sentences were commuted were released within four months, just long enough for the Bureau of Prisons to arrange for court-supervised monitoring and other re-entry programs. But in the last two rounds of presidential clemency in August, 39% of commutations come with a long string attached: a year or more left to serve on the sentence.

The strategy has also allowed Obama to commute the sentences of even more serious offenders. Before last month, 13% of inmates receiving clemency had used a firearm in the offense. For those granted presidential mercy last month, it was 22%.

Through lawyers in the Justice Department and the White House Counsel's Office, the president is effectively recalculating the sentences using the federal guidelines in effect today — as opposed to the harsher penalties mandated by Congress in the 1980s and '90s.

While previous presidents have granted term commutations on a case-by-case basis — President Bill Clinton required a Puerto Rican nationalist convicted of seditious conspiracy to serve five more years, and President Richard Nixon made a Washington, D.C. murderer serve another decade — Obama appears to be the first to employ them as a matter of policy.

"There are a number of cases where it’s a genuine re-sentencing. It’s unprecedented,” said former pardon attorney Margaret Love, who served under Presidents George H.W. Bush and Clinton. “That signals to me that the power is being used in a way it’s never been used before.”

There may also be a political calculation to the new clemency strategy, reflecting a general understanding that there's no guarantee that a President Hillary Clinton or Donald Trump would continue Obama's signature clemency initiative. While it's not entirely settled, most scholars believe a commutation warrant cannot be revoked by a future president once it's granted, delivered and accepted.

Explaining his philosophy on commutation power at a press conference last month — the day after he set a single-day clemency record by granting 214 commutations — Obama gave the example of an inmate who has already served a 25-year sentence but would have only served 20 if sentenced under today's laws.

"What we try to do is to screen through and find those individuals who have paid their debt to society, that have behaved themselves and tried to reform themselves while incarcerated, and we think have a good chance of being able to use that second chance well," he said.

But increasingly, recipients of Obama's mercy are years away from paying their debt to society.

White House Counsel Neil Eggleston, who's the last stop for a clemency application before it goes to the president, acknowledged the change in strategy on Aug. 3, the day Obama issued 214 commutations.

"While some commutation recipients will begin to process out of federal custody immediately, others will serve more time," he wrote in a blog post. "While these term reductions will require applicants to serve additional time, it will also allow applicants to continue their rehabilitation by completing educational and self-improvement programming and to participate in drug or other counseling services."

...

http://www.usatoday.com/story/news/politics/2016/09/15/obama-shift-clemency-strategy/90255992/

enhanced_deficit
09-16-2016, 03:37 PM
This is one area where Obama looks like an amateur compared to other clemencers like the Clintons.



Related


https://pbs.twimg.com/media/CsRcOowVYAUaS0h.png

Bill Clinton's pardon of fugitive Marc Rich continues to pay big
nypost.com/.../after-pardoning-criminal-marc-rich-clintons-made-milli...
New York Post
Jan 17, 2016 - Fifteen years ago this month, on Jan. 20, 2001, his last day in office, Bill Clinton issued a pardon for international fugitive Marc Rich. ... Marc Rich was wanted for a list of charges going back decades. ... What bothered so many was that Clinton’s clemency to Rich reeked of payoff.

Revealed: The State Department's Hidden Hillary Donors
May 25, 2016 - Clinton's super-donors poured millions into the ....


Edited to add:
Maybe not same Marc Rich who had moved on if CBS news is to be trusted:

http://cbsnews1.cbsistatic.com/hub/i/r/2013/06/26/e0fa9299-1c50-11e3-9918-005056850598/thumbnail/620x350/803f8e72d51e191fdb17bc2eab36fb28/rich_1172729.jpg

GENEVA Marc Rich, the trader known as the "King of Commodities" whose controversial 2001 pardon by President Clinton just hours before he left office unleashed a political firestorm of criticism in 2001, died on Wednesday. He was 78. Rich died in Switzerland, where he lived, according to his Israel-based spokesman, Avner Azulay. He did not give further details, but said Rich would be buried in Israel on Thursday.


Unless he is able to make donations from after-life due to his connections. With Clintons' exceptional fundraising skillz, nothing can be ruled out.

Leak: Dem Megadonor Tells Colin Powell The Clintons ‘Hate’ Obama; Obama won't mind if HRC lost (http://www.ronpaulforums.com/showthread.php?500994-Leak-Dem-Megadonor-Tells-Colin-Powell-The-Clintons-%E2%80%98Hate%E2%80%99-Obama-Obama-won-t-mind-if-HRC-lost&)

Krugminator2
09-16-2016, 06:10 PM
This is one area where Obama looks like an amateur compared to other clemencers like the Clintons.



Related


https://pbs.twimg.com/media/CsRcOowVYAUaS0h.png

Bill Clinton's pardon of fugitive Marc Rich continues to pay big
nypost.com/.../after-pardoning-criminal-marc-rich-clintons-made-milli...
New York Post
Jan 17, 2016 - Fifteen years ago this month, on Jan. 20, 2001, his last day in office, Bill Clinton issued a pardon for international fugitive Marc Rich. ... Marc Rich was wanted for a list of charges going back decades. ... What bothered so many was that Clinton’s clemency to Rich reeked of payoff.

Revealed: The State Department's Hidden Hillary Donors
May 25, 2016 - Clinton's super-donors poured millions into the ....


Edited to add:
Maybe not same Marc Rich who had moved on if CBS news is to be trusted:

http://cbsnews1.cbsistatic.com/hub/i/r/2013/06/26/e0fa9299-1c50-11e3-9918-005056850598/thumbnail/620x350/803f8e72d51e191fdb17bc2eab36fb28/rich_1172729.jpg

GENEVA Marc Rich, the trader known as the "King of Commodities" whose controversial 2001 pardon by President Clinton just hours before he left office unleashed a political firestorm of criticism in 2001, died on Wednesday. He was 78. Rich died in Switzerland, where he lived, according to his Israel-based spokesman, Avner Azulay. He did not give further details, but said Rich would be buried in Israel on Thursday.


Unless he is able to make donations from after-life due to his connections. With Clintons' exceptional fundraising skillz, nothing can be ruled out.

Leak: Dem Megadonor Tells Colin Powell The Clintons ‘Hate’ Obama; Obama won't mind if HRC lost (http://www.ronpaulforums.com/showthread.php?500994-Leak-Dem-Megadonor-Tells-Colin-Powell-The-Clintons-%E2%80%98Hate%E2%80%99-Obama-Obama-won-t-mind-if-HRC-lost&)


Marc Rich was a hero. Donations probably helped, but he legitimately deserved a pardon. If he were charged with tax fraud, then Switzerland would have turned him over. But the prosecution didn't have a case. He did business with countries that US had embargoes on but he wasn't a US citizen and didn't operate a US based business. What he did was legal under Swiss law.

Giuliani turned him into a super villain. Giuliani turned what was at worst a civil case to pay back taxes into a criminal case for political purposes. Marc Rich fled to avoid jail. Marc Rich is Exhibit A for government overreach and libertarians should be just as sympathetic to him as they are to Snowden. The US government tried to kidnap within a sovereign country that wasn't going to extradite him. Not to mention he paid back many multiples in fines more than a legitimate civil case would have made him pay.