boutons_deux
07-12-2018, 06:19 PM
Trump pardoned Dwight Hammond Jr. and his son, Steven Hammond, who were convicted on charges of arson on public lands in 2012.
This pardon follows those Trump has granted to
conservative author Dinesh D’Souza and
former Arizona Sheriff Joe Arpaio, among others.
A pardon is considered a show of mercy and forgiveness. The U.S. Attorneys’ Manual (https://www.justice.gov/usam/united-states-attorneys-manual) sets out the standards for granting a pardon.
The factors for consideration include
post-conviction conduct,
character and reputation,
seriousness and recentness of the offense,
acceptance of responsibility,
remorse and atonement,
need for relief, and
recommendations from the prosecutor and judge who handled the case.
The pardon process is not intended to reverse a finding of guilt.
According to the U.S. Attorneys’ Manual,
applicants “seeking a pardon on grounds of innocence or miscarriage of justice bear a formidable burden of persuasion.”
Trump seems to be ignoring these factors and instead looking for cases where he can score points with his political base.
Under DOJ policy,
a pardon is “granted on the basis of the petitioner’s demonstrated good conduct for a substantial period of time after conviction and service of sentence,” which
requires him to wait “at least five years after conviction or
release from confinement (whichever is later),”
though the department may waive the waiting period.
The Office of the Pardon Attorney will assess the person’s ability to lead a “responsible and productive life” by studying the person’s post-release employment, family responsibilities, community service, reputation in the community, and military service.
In the case of the Hammonds and Arpaio,
Trump did not wait any time at all for the defendants to demonstrate good conduct outside of prison.
The Hammonds were pardoned before their release, and
Arpaio was pardoned even before he was sentenced.
the president is granting pardons without consulting with the prosecutors and judges or even with the Office of the Pardon Attorney.
Although the Constitution permits the president to go it alone,
this process can lead to an arbitrary exercise of power and
a lack of uniformity around the country.
Trump’s use of the pardon to fire up his political base strikes one more blow against our legal institutions.
The pardon of the Hammonds, in particular,
sends a message that
militia groups who are hostile to the federal government
may aggressively and dangerously defy the law and
Trump will protect them.
And combined with the other pardons, this is yet
another blow to those who work to enforce the law.
https://slate.com/news-and-politics/2018/07/trumps-pardons-of-the-hammonds-arpaio-are-undermining-the-justice-department.html
This pardon follows those Trump has granted to
conservative author Dinesh D’Souza and
former Arizona Sheriff Joe Arpaio, among others.
A pardon is considered a show of mercy and forgiveness. The U.S. Attorneys’ Manual (https://www.justice.gov/usam/united-states-attorneys-manual) sets out the standards for granting a pardon.
The factors for consideration include
post-conviction conduct,
character and reputation,
seriousness and recentness of the offense,
acceptance of responsibility,
remorse and atonement,
need for relief, and
recommendations from the prosecutor and judge who handled the case.
The pardon process is not intended to reverse a finding of guilt.
According to the U.S. Attorneys’ Manual,
applicants “seeking a pardon on grounds of innocence or miscarriage of justice bear a formidable burden of persuasion.”
Trump seems to be ignoring these factors and instead looking for cases where he can score points with his political base.
Under DOJ policy,
a pardon is “granted on the basis of the petitioner’s demonstrated good conduct for a substantial period of time after conviction and service of sentence,” which
requires him to wait “at least five years after conviction or
release from confinement (whichever is later),”
though the department may waive the waiting period.
The Office of the Pardon Attorney will assess the person’s ability to lead a “responsible and productive life” by studying the person’s post-release employment, family responsibilities, community service, reputation in the community, and military service.
In the case of the Hammonds and Arpaio,
Trump did not wait any time at all for the defendants to demonstrate good conduct outside of prison.
The Hammonds were pardoned before their release, and
Arpaio was pardoned even before he was sentenced.
the president is granting pardons without consulting with the prosecutors and judges or even with the Office of the Pardon Attorney.
Although the Constitution permits the president to go it alone,
this process can lead to an arbitrary exercise of power and
a lack of uniformity around the country.
Trump’s use of the pardon to fire up his political base strikes one more blow against our legal institutions.
The pardon of the Hammonds, in particular,
sends a message that
militia groups who are hostile to the federal government
may aggressively and dangerously defy the law and
Trump will protect them.
And combined with the other pardons, this is yet
another blow to those who work to enforce the law.
https://slate.com/news-and-politics/2018/07/trumps-pardons-of-the-hammonds-arpaio-are-undermining-the-justice-department.html