Before Trump, presidents of both parties traditionally relied on the pardon attorney to screen clemency applications. Reviewing presidential clemency petitions has become institutionalized over many decades, as it helps protect the president from making mistakes and provides applicants with a regular review process.
Former Pardon Attorney Margaret Love once characterized it as " a regular part of the housekeeping business of the presidency. The pardon attorney review process was, to be sure, far from perfect.
Love argues that after , there was "a new hostility of federal prosecutors toward any form of clemency and a change in the Justice Department's process for managing the pardon power that gave prosecutors effective control over it. Former federal prosecutor Mark Osler, now a law professor, notes that "we now have seven to twelve levels of review" for deciding whether to grant clemency.
But Biden can work to change this. Clemency scholar Paul Larkin argues that the pardon attorney's office should be relocated to the Executive Office of the President, which would eliminate the contradiction inherent in a Justice Department responsible for both prosecuting offenders and deciding whether they deserve mercy.
Osler and law professor Rachel E. Barkow argue for replacing the pardon attorney with a diverse "clemency commission" relying heavily on data, existing apart from the Justice Department.
No matter what system Biden implements, he should establish a regular process, rely on it and ignore the poor examples set by Clinton and Trump. By doing so, he could help restore the clemency review process to its former role as a normal, routine apparatus for granting presidential mercy to federal offenders. Biden's guiding principles should be those expressed by Alexander Hamilton in Federalist No. Jeffrey Crouch is an assistant professor of American politics at American University.
Yasak N. Was this page helpful? Yes No. Thank you for your input. Contact the Webmaster to submit comments. Distribution of marijuana and use of telephone to facilitate marijuana distribution, 18 U. Selling whiskey in unstamped containers and making false statement in the acquisition of firearms from licensed dealer; 26 U.
Selling and delivering firearms to out-of-state resident and falsifying firearms records; 18 U. Conspiracy to defraud the United States by obtaining payment of false claims, presenting false claims to the United States, forging a writing, and aiding and abetting; 18 U. Unlawful possession of still and manufacture of mash; 26 U. Interstate transportation of stolen motor vehicle and selling stolen motor vehicle; 18 U. Receiving and selling stolen motor vehicles and aiding and abetting the same, 18 U.
Making a false statement to a federally insured bank while an employee of that bank, 18 U. Conspiracy to defraud U. Maliciously damaging property used in an activity affecting interstate commerce by means of an explosive, 18 U. Conspiracy to possess with intent to distribute cocaine and to distribute cocaine, 21 U. Receiving money or benefits through transactions of federal credit institution with intent to defraud while officer or employee of institution, 18 U.
Disobeying a lawful general order, negligently suffering destruction of military property, negligently hazarding two Naval vessels; Articles 92, , and , U.
Possession of counterfeit Federal Reserve notes with intent to sell or otherwise use same, 18 U. Conspiracy to possess with intent to distribute marijuana, 21 U. Aiding in the manufacture, by cultivation, of marijuana, 21 U. Transporting, concealing, and facilitating the transportation of marijuana that was acquired without paying the tax imposed, 26 U. Willfully failing to pay the special occupational tax on wagering, and aiding and abetting the same misdemeanor , 26 U.
Conspiracy to obstruct commerce by extortion, extortion, demanding or receiving illegal payments on behalf of a labor union, and demanding or accepting illegal unloading fees from a motor vehicle driver; 18 U.
Engaging in illegal gambling business, 18 U. Knowingly shipping and transporting a firearm in interstate commerce, having been convicted of a felony, 18 U. Conspiracy to willfully misapply bank funds, make false statements to a bank, and commit wire fraud, misapplication of bank funds by person connected with a bank; 18 U.
Conspiracy to commit securities fraud, sale of unregistered securities, and the use of manipulative devices in connection with the sale of securities; 18 U.
Conspiracy to distribute and possess with intent to distribute cocaine, 21 U. Purloining and converting property of the United States Environmental Protection Agency and aiding and abetting therein, 18 U. Possession with intent to distribute a controlled substance methamphetamine , 21 U. Conspiracy to distribute and possess with intent to distribute cocaine, distributing and possessing with intent to distribute cocaine, and using a telephone to facilitate distribution of cocaine; 21 U.
Embezzlement by a bank employee and making false entries in a bank's records; 18 U. Possession and distribution of cocaine and aiding and abetting, 21 U. Conspiracy to possess with intent to distribute in excess of 1, pounds of marijuana, 21 U. Illegal sale of wildlife by allowing hunting over a baited field, 16 U.
Conspiracy to import marijuana, 21 U. Conspiracy, importation, and possession with intent to distribute hashish; 21 U. Aiding and abetting the falsification of union records, aiding and assisting in the submission of false tax records, making false statements to a government agency; 29 U.
Conspiracy to transport stolen motor vehicles in interstate commerce, to receive and sell stolen motor vehicles, to transport false vehicle registrations in interstate commerce, and to receive and dispose of false vehicle registrations, receipt and sale of stolen motor vehicles; 18 U.
Structuring of transactions to evade reporting requirements, 31 U. Filing false partnership and individual federal income tax returns and aiding and abetting therein, 26 U. Larceny of government property, wrongful possession of marijuana; Articles and , U. Conspiracy to bribe public officials and to defraud the United States government, 18 U.
Aiding and abetting misapplication of bank funds, misprision of a felony; 18 U. Conspiracy to possess with intent to distribute cocaine and aiding and abetting therein, 21 U.
Conspiracy to defraud a federally insured financial institution, false statements to a federally insured financial institution, wire fraud; 18 U. Conspiracy to commit offense against the United States by utilizing the U. Conspiracy to corruptly solicit and accept money in return for influencing the official acts of a federal district court judge, and to defraud the United States in connection with the performance of lawful government functions; corruptly influencing, obstructing, impeding, and endeavoring to influence, obstruct, and impede the due administration of justice and aiding and abetting therein; traveling interstate with intent to commit bribery; 18 U.
Illegal dispensing of controlled substance, Medicaid fraud; 21 U. Securities fraud, mail fraud; 15 U. Aiding and abetting the unauthorized use and transfer of food stamps, 18 U. Conspiracy to possess with intent to distribute and to distribute cocaine, possession with intent to distribute cocaine, use of a telephone to facilitate cocaine conspiracy; 21 U.
Conspiracy to defraud a federally insured savings and loan, misapplication of bank funds, false statements; 18 U.
Conspiracy to commit wire fraud and to subscribe to false income tax returns, securities fraud; 18 U. Aiding and assisting in the preparation and filing of a false corporate tax return, 26 U.
Wire fraud, mail fraud, racketeering, racketeering conspiracy, criminal forfeiture, income tax evasion, trading with Iran in violation of trade embargo; 18 U. Conspiracy to distribute marijuana, possession of marijuana with intent to distribute; 21 U.
Mail fraud, wire fraud, false statements to a bank to influence credit approval; 18 U. Theft and misapplication of bank funds by a bank officer or director 13 counts , 18 U. List of Partners vendors. Share Flipboard Email. Issues The U. Legal System U. Foreign Policy U. Liberal Politics U. Tom Murse. Political Journalist. Tom Murse has been writing about politics and government for over two decades, and has been recognized by the Nieman Foundation for fairness in investigative reporting.
Twitter Twitter. Updated January 20, Roosevelt 2, Harry S. Truman 1, Dwight D. Eisenhower 1, Woodrow Wilson 1, Lyndon B. Taft Gerald Ford Warren G. Bush Donald J. Trump George H. Bush Featured Video. Cite this Article Format. Murse, Tom. Number of Pardons by President.
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