Posted on 11/04/2012 3:51:37 AM PST by Kaslin
President Bill Clinton used his presidential pardon power in July 2000 to commute the sentence of Serena Nunn, who was sentenced to 15 years for a first-time nonviolent drug offense when she was 19. The pardon shaved three years off Nunn's sentence. Nunn told me over the phone, "I thought then that it was a great thing that a president used his power to help an average person."
Nunn later graduated from college and then the University of Michigan Law School. Last month, having passed a character fitness test, Nunn passed the Georgia bar. On Monday, she will be sworn in as an attorney.
How can a convicted felon become an attorney? The answer is not that Nunn wasn't guilty. She broke the law. She admits it. She knows she deserved some punishment.
But 15 years? That hard time was a function of a federal mandatory minimum system that overly punishes women who foolishly refuse to testify against their drug dealer boyfriends. "If mandatory minimum sentencing did not exist, no judge in America, including me, would have ever sentenced Ms. Nunn to 15 years in prison based on her role in the conspiracy, her age and the fact that she had no prior criminal convictions before the instant offense," sentencing Judge David Doty later wrote to Clinton.
Nunn's luck changed when Families Against Mandatory Minimums publicized her plight. In 1997, right-leaning lawyer Sam Sheldon read about Nunn in the Minneapolis Star Tribune and was outraged. He took on her case pro bono and then proceeded to hector prosecutors and local politicians in his bid to win Nunn a presidential commutation.
Sheldon, who works for the Justice Department, later became a federal prosecutor. He and his family will be there to watch Nunn take the oath.
Nunn knows that she is blessed. She has seen others leave prison only to face a "permanent punishment," of doors slammed when ex-convicts looked for work or social acceptance.
But she had the Families Against Mandatory Minimums, Sheldon, a pass from prominent politicians and a great-grandmother who told her, "You outlive it."
"She meant," Nunn said, "that when you let your good outdo your bad, then you've outlived it. You can be remembered for something better than your mistake."
Nunn has applied for a presidential pardon, which would erase her conviction. "I'll never be able to wipe away what I did and the fact that I went to prison," said Nunn, "but I can do the best that I can when I go forward."
During our talk, Nunn never brought up the subject of race. She is black, like so many other victims of the federal system's oversize boot.
Despite his erstwhile criticism of federal mandatory minimums, America's first black president may be of little to no help to her. I thought President George W. Bush was stingy with the pardon power, but Bush did issue two commutations in his first term, 11 total, as well as a total of 189 pardons. The Bush record beats Barack Obama's one commutation and 22 pardons.
Maybe Obama will be better after the election, some hope, when, win or lose, he could commute sentences without fear of alienating voters.
Political science professor P.S. Ruckman expects only "the usual tinkling of December pardons." If, however, Obama does issue a spate of commutations, expect some crony clemency, like Clinton's out-the-door pardon of well-connected rich fugitive Marc Rich.
Mitt Romney is "no big ball of hope," either, Ruckman said of the other guy. As Massachusetts governor, Romney granted none of the 15 pardon or three commutation recommendations sent from his parole board.
Conventional wisdom holds that there is no political upside to granting pardons and commutations. In the end, however, presidents often find some mercy for their pals. The question is whether they can spare a shot at a second chance for the average unconnected offender.
That’s right - no pardon for Mumia except from the Gov of Pennsylvania.
“If you have lived clean for a certain period of time your rights should be restored. Even if you are a felon.”
That’s why all 50 states have regulations and laws in place restoring voting rights to felons. Some have to jump through hoops to get that right restored but most say simply that you must have served your time. In Vermont and Maine, even incarcerated felons may vote.
http://felonvoting.procon.org/view.resource.php?resourceID=286
I agree with Cold. There are exceptions of course, but sometimes having a felony conviction is about what you did and not who you are. It depends on the felony, and the person.
Leftists still think Bush should be tried for war crimes.
An indictment against Obama (no matter how legitimate) will be viewed as a partisan attack, by libs, and in their miniscule brains, legitimize every attack on Rs or conservatives.
For liberals, it isn't about bipartisanship and good of the nation. Its about us vs them. Their policies only. Scorched earth. They would destroy the earth to prevent others from succeeding.
Even if Pubbies take over control of the Senate, Mittens will still play along to get along.
Remember revenge. Sooner or later Dems will get back in power. And when they do, they will attack for spite and revenge.
They don't care about laws (except their "laws")
They don't care about good of the nation, just what they perceive as good for them.
Libs niew us NOT JUST as the enemy, they would exterminate us and our views. They believe WE are the ones PREVENTING their utopia.
Clinton's sleazy last-minute pardon for Marc Rich----a tax evading shyster, who renounced his US citizenship, then absconded to Israel, then Swizerland, to evade US justice----bought his pardon by Laundering Big Bucks through his ex-wife----which included paying for the Clinton library........
And don't forget that the pardon was facilitated by none other than sitting USAG Eric Holder---who was then Asst AG to Auntie Janet Reno.
The calculated Holder never "bothered" to notify the DOJ that the Rich pardon was eminent---even though that is the accepted protocol.
Marc Rich's pardon is in the history books as one of the sleaziest maneuvers by any president.....living or dead.
Rich is infamous as the biggest tax evader in US history---and was caught trading with America's enemies.
The pardon was supposed to facilitate Rich traveling back to the US to see his sick daughter---but the brouhaha caused by the pardon nixed that plan.
To the best of our knowledge, Rich never came back to the US---unless he sneaked back in under an alias.
Federal courts can,and do,reverse convictions handed down in state courts so one might expect that the Federal Executive,the President,can *pardon* such people.The reverse,however,clearly isn't true...a Governor cannot pardon someone convicted in a Federal court.I suppose I could be wrong...I'm certainly not a lawyer.I didn't even stay in a Holiday Inn last night.
A presidential pardon applies only to federal crimes. A person convicted of a state crime cannot be pardoned by the President. Similarly, the holder of a presidential pardon can still be tried and convicted of a state crime.
What if its found that Obama cannot legally pardon anyone?
I guess the joke will be on them big time.
But 15 years? That hard time was a function of a federal mandatory minimum system that overly punishes women who foolishly refuse to testify against their drug dealer boyfriends. “If mandatory minimum sentencing did not exist, no judge in America, including me, would have ever sentenced Ms. Nunn to 15 years in prison based on her role in the conspiracy, her age and the fact that she had no prior criminal convictions before the instant offense,” sentencing Judge David Doty later wrote to Clinton.
Perhaps she should become an advocate for young women and warn them of the dangers of hanging out with drug dealing losers.
I don't think this is correct. What nixed any plan by Rich to travel back to the U.S. was that Clinton's pardon was limited to what a presidential pardon could address: Rich's Federal crimes. Rich was also facing prosecution for additional crimes at the state level, and no U.S. president has the authority to grant pardons in those cases.
As an FYI ... when a person leaves the U.S. to avoid prosecution (or for any other reason), any statutes of limitation for crimes he/she may have committed are effectively suspended while the person is out of the country. So if Marc Rich were to come back to the U.S. right now, the statute of limitations in the state cases wouldn't begin to run until he set foot on U.S. soil.
I don't think this is correct. What nixed any plan by Rich to travel back to the U.S. was that Clinton's pardon was limited to what a presidential pardon could address: Rich's Federal crimes. Rich was also facing prosecution for additional crimes at the state level, and no U.S. president has the authority to grant pardons in those cases.
As an FYI ... when a person leaves the U.S. to avoid prosecution (or for any other reason), any statutes of limitation for crimes he/she may have committed are effectively suspended while the person is out of the country. So if Marc Rich were to come back to the U.S. right now, the statute of limitations in the state cases wouldn't begin to run until he set foot on U.S. soil.
Presidential pardons can only be given in Federal cases. The only one who can pardon Mumia Abu-Jamal is the governor of Pennsulvania, and I don't think that is going to happen anytime soon.
Agreed, with a few reservations. For those about whom I have those reservations, please consult my FReeper profile for my death penalty alternative.
Remeber, there are states and localities where practicing your Second Amendment rights makes you a felon. Should that person be barred from the practice of law?
All I'm saying is that the circumstances should be considered.
If Obozo loses big time, after he pardons all of his fellow criminals/traitors he would issues thousands of executive orders to weaken our country even more. We will need several Krey Super computers to keep track of the criminal buddies of Obozo getting pardoned by Obozo and more for his new executive orders.
Then, Obozo will resign as president the day before Romney is sworn in: .
1. When he resigns, that makes Biden President.
2. Then, Biden will pardon Obozo and his cabinet members of all crimes/misdeeds like Ford pardoned Nixon. Then, Biden will become the automatic pardon machine for rats in congress and in DC.
This might be the best outcome and one more reason to defeat the traitor with massive vote %’s for Romney/Ryan next Tuesday
Obama to Release One Third of Gitmo Inmates
http://www.breitbart.com/Big-Peace/2012/09/22/Obama-to-Release-One-Third-of-Gitmo-Inmates
Agree.
Of course, you are so-o-o-o right.
Like everything about this sleazy pardon, suckups like Clinton and Holder——and users like Rich——concocted a phony sob story to make the outrageous pardon more palatable to us “little people.”
QUESTION: Did her lawyer tell her the consequences of not testifyng---so she stupidly refused anyway? Or did she stupidly ignore her lawyer's advice?
Self-serving Nunn now says she just made a "mistake" by not testifying.
Oh, please.....that's no "mistake"...that's sheer stupidity. Only a sap-happy bleeding heart liberal would believe her sob story.
And now this dumbo's got a law degree? Just what we need----another corrupt lawyer in the legal system.
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One key aspect conveniently ignored here-----the legal system compels that lawyers go to court w/ "clean hands"....meaning no crime was committed in the adjudication of justice.
This is what differentiates the US from every other country----our respect for the sacrosanct rule of law.
Nunn's actions serve to corrupt the rule of law AND tarnishes her standing in a court of law.
At least Madoff clipped Rich for a few million : )
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