ExodusNirvana
Change is inevitable...
President Obama commuted the sentences of 61 inmates Wednesday, part of his ongoing effort to give relief to prisoners who were harshly sentenced in the nation’s war on drugs.
More than one-third of the inmates were serving life sentences. Obama has granted clemency to 248 federal inmates, including Wednesday's commutations.
White House officials said that Obama will continue granting clemency to inmates who meet certain criteria set out by the Justice Department throughout his last year. The president has vowed to change how the criminal justice system treats nonviolent drug offenders.
Since the Obama administration launched a high-profile clemency initiative, thousands more inmates have applied. Another 9,115 clemency petitions from prisoners are still pending.
Obama wrote this in his letter to the 61 inmates who received clemency Wednesday: “The power to grant pardons and commutations...embodies the basic belief in our democracy that people deserve a second chance after having made a mistake in their lives that led to a conviction under our laws.”
But sentencing reform advocates said that many more prisoners are disappointed they have not yet heard from the president about their petitions.
“Sixty-one grants, with over 10,000 petitions pending, is not an accomplishment to brag about,” said Mark Osler, a law professor at the University of St. Thomas in Minnesota and an advocate for inmates petitioning for clemency. “ I know some of those still waiting, men who were grievously over-sentenced, who have reformed themselves, and never had a record of violence. My heart breaks for them, as their hope for freedom—a hope created by the members of this administration—slips away.”
The White House has argued that broader criminal justice reform is needed beyond the clemency program.
“Despite the progress we have made, it is important to remember that clemency is nearly always a tool of last resort that can help specific individuals, but does nothing to make our criminal justice system on the whole more fair and just,” said White House counsel W. Neil Eggleston. “Clemency of individual cases alone cannot fix decades of overly punitive sentencing policies. So, while we continue to work to resolve as many clemency applications as possible—and make no mistake, we are working hard at this—only broader criminal justice reform can truly bring justice to the many thousands of people behind bars serving unduly harsh and outdated sentences.”
Among those granted clemency on Wednesday was Byron Lamont McDade, who had an unusual advocate in his corner. The judge who sent McDade to prison for more than two decades for his role in a Washington-area cocaine conspiracy personally pleaded McDade’s case for early release.
U.S. District Judge Paul L. Friedman said McDade’s 27-year punishment was “disproportionate” to his crime, but that he had no choice but to impose the harsh prison term in 2002 because of then-mandatory sentencing guidelines. Over the years, the judge had urged the Bureau of Prisons and the White House to reduce McDade’s sentence to 15 years. He received no response until now.
“I have not lost hope that justice can still be done for Mr. McDade,” Friedman wrote in February 2015 as part of McDade’s petition to President Obama.
On Thursday, the White House will hold an event called Life after Clemency that will include former inmates and their attorneys, along with some prison reform advocates. The president’s senior adviser, Valerie Jarrett, is meeting with advocates, former inmates and family members of prisoners Wednesday at the White House for an event about women and the criminal justice system.
Former Texas inmate Sharanda Jones, who was in prison for life without parole for her first nonviolent drug offense and was granted clemency by Obama in December, will be at the White House events.
[How a first crack cocaine offense led to a life sentence]
In the spring of 2014, then-Attorney General Eric H. Holder Jr. — who called mandatory-minimum drug sentences “draconian” — launched the clemency initiative to grant clemency to certain nonviolent drug offenders in federal prison.
To qualify, prisoners had to have served at least 10 years of their sentence and have no significant criminal history and no connection to gangs, cartels or organized crime. They must have demonstrated good conduct in prison. And they also must be inmates who probably would have received a “substantially lower sentence” if convicted of the same offense today.
The Justice Department’s former pardon attorney, Deborah Leff, stepped down in January because she was frustrated by a lack of resources to process clemency petitions and recommend which ones should be sent to the White House. The new pardon attorney, longtime federal prosecutor Bob Zauzmer, said that his goal — whether he gets more needed resources or not — is “to look at every single petition that comes in and make sure an appropriate recommendation is made to the president.”
President Obama grants early release to 61 more federal drug offenders