The Constitution gives presidents the power to grant “reprieves and pardons.” The U.S. Supreme Court has interpreted that language to include pardons, conditional pardons, commutations of sentence, conditional commutations of sentence, remissions of fines, as well as forfeitures, reprieves, respites, and amnesties. A respite delays the execution of a sentence. It does not address issues of due process or guilt or innocence. It merely suspends sentence for a designated period of time. George Washington granted the first respites in June, 1795, when he delayed the execution of two men who fought in the Whiskey Rebellion — both of whom were eventually pardoned.
The typical respite lasts between 30 and 90 days. But many times, initial grants have been followed by a second and third respite, or as many additional respites as were necessary. Woodrow Wilson delayed the six-and-a-half-year prison sentences of two men with nine respites because an “investigation of the facts” had taken “considerable time” — 13 months to be exact. Wilson also delayed the five-year sentences of W.G. and S.G. Simpson with three respites before pardoning them. The men were described as “guilty,” but it was noted they had made a “strong showing” that they had not intended to commit a crime. Howard Showalter lost his appeals, but his five-year sentence was delayed by Wilson for eight months before a pardon was granted over the strenuous objections of the judge and U.S. attorney. Robert Sidebotham’s 13-month sentence was delayed for over a year (with eight respites) because Wilson concluded it was “doubtful” Sidebotham “realized he was violating the law.” A pardon followed. There is, in short, a long history to the use of the respite.
I think this judge knows he erred horribly in this case, and is hoping that Bush grants a pardon so the appeal becomes moot and he isn't thrashed by the appellate court.