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July 5, 2007

President Bush & Commutation

I saw a report that, apparently, the district judge thinks that the commutation of prison for Scooter Libby will result in probation also being lost. I'm trying to track the statutory construction issue down -- apparently, it's the way the probation statute is worded. (If this is true, then the competency issues are obvious.)

One of our faculty members had something to share. I'm not allowing comments because this is a bit off topic, but I felt like I had to post this:

>From: Timothy W. Floyd [FLOYD_TW@Mercer.edu]
>Sent: Tuesday, July 03, 2007 9:46 PM
>To: 'Law Faculty'
>Subject: President Bush and commutation
>In March 2003, for the first and only time in my life, I went to the West
>Wing of the White House. At that time, I was representing a man who was
>scheduled to be executed by the federal government in less than three weeks.
>I had filed a request for commutation, asking the President to commute the
>death sentence to a sentence of life without the possibility of release.
>Department of Justice rules require that such a request be filed with the
>Office of the Pardon Attorney in DOJ. Although I had filed the request in
>December, we had not yet received any response.
>While the commutation request was pending, I asked then White House Counsel
>Alberto Gonzales if he would meet with me to discuss the case. (I knew that
>the White House Counsel was ultimately responsible for making a
>recommendation to the President on my request.) To my great surprise, he
>agreed and invited me to a meeting in his office. We met for over an hour.
>I was allowed to present my argument in some detail, and I answered many
>questions from Judge Gonzales. I was quite impressed that Judge Gonzales
>had obviously read my written submissions and had already given the case
>some thought.
>Judge Gonzales told me three things about President Bush's policy in
>considering requests for commutation. First, that President Bush would not
>consider commutation if he believed that the case had already received full
>and fair consideration by the jury and the courts who heard the case.
>Second, that the President would not consider the request until he had a
>recommendation from the Department of Justice. Finally, he said that the
>President would not act on any request for commutation until all judicial
>avenues in the case had been exhausted.
>Just thought you might be interested in what this White House claimed about
>the commutation process.

Timothy W. Floyd
Professor of Law and Director, Law and Public Service Program
Mercer University Walter F. George School of Law
1021 Georgia Avenue
Macon, Georgia 31207-0001
telephone: 478-301-2631
fax: 478-310-2259

July 5, 2007 in Current Affairs | Permalink


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