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© Sean Gardner / Reuters / REUTERS
Haley Barbour speaks during the Republican Leadership Conference in New Orleans, Louisiana in this June 17, 2011 file photo.
Most states give their governors broad latitude in granting pardons. Some don't trust them with that authority at all. And the rest allow a governor to grant pardons only with the recommendation of other state officials.
Mississippi's raging controversy over last-minute pardons by outgoing governor Haley Barbour has generated calls for limiting the ability to grant pardons in that state. A survey of the clemency power reveals that states vary widely in the degree of authority placed in the hands of the nation's chief executives.
The US Constitution gives the president virtually unlimited authority. A president can grant pardons for federal crimes, even before a person is charged, tried, or convicted -- most vividly demonstrated when Gerald Ford granted Richard Nixon "a full, free, and absolute pardon" for any crimes Mr. Nixon may have committed during the Watergate scandal of the early 1970's.
In 1977, President Jimmy Carter issued a blanket amnesty, a form of pardon, to anyone who evaded the draft during the war in Vietnam.
Only one restriction is placed on the president. No pardons can be given in cases of impeachment. Congress alone controls that process.
Most state constitutions, 37 in all, give their governors broad powers to grant pardons for those convicted of state offenses. Nearly all follow the federal model and deny a governor the power to pardon officials who were subject to state impeachment proceedings.
In five states -- Alabama, Louisiana, Oklahoma, Pennsylvania, and Texas -- a governor can issue pardons only upon the recommendation of a state pardon board.
Florida is a hybrid: a governor may grant pardons, but only with the approval of at least two members of his cabinet.
But seven states -- Delaware, Georgia, Idaho, Nebraska, Nevada, South Carolina, and Utah -- put the authority exclusively in the hands of a state pardon or clemency board, not the governor.
The pardons granted in Mississippi as Haley Barbour walked out the door of the governor's office are in doubt because of an unusual requirement of that state's constitution.
It provides that clemency cannot be granted until the person seeking it arranges to have the pardon application published "for thirty days" in a newspaper in the country where the crime was committed. The attorney general in Mississippi asked a state judge to put a stop to the pardon process there until his office verifies that sufficient notices were actually published.
A judge has halted the granting of Barbour's pardons for inmates not yet released. And law enforcement officers are hunting down those who had already served their time when the pardons were issued. The judge will sort out which pardons turned out to be validly granted.
So far, Mississippi officials say it appears that five of the most controversial pardons, including four men convicted of murder, did not meet that requirement. All five had worked at the governor's mansion under a program granting privileges to trusted inmates.
Two other states, Idaho and Maryland, impose similar requirements that pardon applications must be published before they can be granted.
The roots of the clemency power in the United States stretch back to England, where the king or queen could grant pardons, and the earliest state constitutions included the authority in some form.
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HMMMMN, who deserves a pardon? UHM, how about the guy with the biggest "balls" ever, Bernie Madoff? Nah?, ok I know, Roger Clemens and Barry Bonds.... and any baseball player who was involved in PEDs. (Including the facilitators aka pushers) Baseball's post strike resurgence did a lot for thee economy then and so , rightfully, the players should be granted clemency for their "sacrifice". Better yet, how about giving pardons to all the fathers who owe back child support?, since the government f'd up thee economy and that certainly didnt help the fathers pay child support. Just a thought
Might I suggest it doesn't take balls? Balls are sensitive to almost anything. They can take little pain very little in fact. I suggest a certain part of the female anatomy takes a pounding much better.
As for pardons IMHO it should always take a board and not an individual no matter his office.
the roots of clemency "stretches back to England"
Who cares? Our system shouldn't work like that and we don't want a King either.
Aren't there are enough murderers and rapists running around free without letting the ones who were already prosecuted go free?
Law enforcement...the prison system...those cost money, you know...and aren't they socialism?
Leona
"Who cares? Our system shouldn't work like that and we don't want a King either."
The Founding Fathers cared and drew from many European sources to write the Constitution. Are you upset that some of your laws go back to the Ten Commandments and beyond, that the judicial laws of Rome are not only a large part of your legal foundation, but also the of rest of the world.
Noid - are you trying to make a funny? Neither are socialism.
You mean that our revered Founding Fathers made a mistake?
Haley, what were you smokin'?
We have courts for a reason. No Governor should be able to usurp the will of the people (through the courts).
This man should be willing to serve the time he felt others were unduly burdened with. Do the Gov a favor and lock him up for life, make him a real hero.
If they pardon them they should be able to tell the public why! not because they served you well at your mansion but that they you felt they were innocent and why or the sentence was unjust to the crime. I could see pardon of a murderer say a person that killed in defense of another person say a child killed father beating his/her mother or vice versa trying to make them stop. Or giving a person 30 yrs for selling or using drugs. (we all use drugs of some sort) and who hasn't given a pill of theirs to a friend
The man told you why this morning. Most of them are already old and on their death bed themselves.
old is no reason why. If someone broke in your home and raped your twelve year old daughter and then stabbed her to death would you be fine that this person was let go because he was old and ill. I think not
Really IntheMiddle, these guys would have never been freed in your state cause Gov. Perry would have executed them already. Also the murderer they interviewed looked able bodied to me why don't you be a nice guy and let him stay with you and your family, i bet you're just another d-bag repug.
...and I bet you are just another dikk weed azz liberal punk.
Pardons are only bad when a Dem grants them? By the way the RWNJs have been squawking Haley will acquire Sainthood shortly.
Business as usual.
Giving one man the power to turn the legal system on its head seems to ridicule the very thought of 'due process' or 'victims rights'. And, when you give that authority to a fat carcass like Haley Barbour who got elected because he was the most popular nitwit running for office that day, it fairly flies in the face of the purpose of government - to protect its citizens.
Unfortunately, for slobs like Haley Barbour, government exists only to line their pockets and to waddle around posturing like the 'great man'.
Huey Long lives and he lives in Alabama.
Man just say you don't like Barbour and be done with it. Dang, you go on and on about nothing. Your butt probably do not even live in Mississippi.
HEY Pete,
YOU SAY " it fairly flies in the face of the purpose of government - to protect its citizens."
Did you complain about Obama and Holder sueing Arizona when the Govenor there wanted to protect the citizens from "illegals" who are coming over their border and in many cases committing crimes????
Every president has issued pardons. What's your point?
Saying Barbour only was elected because he was the most popular nitwit running for office is like saying the sun will rise tomorrow.... News flash, people are only elected if they are the most popular "nitwit" and all of them, are nitwits, make no mistake.
Chairman of the Republican National Committee from 1993 to 1997
An aide in the Reagan administration
1988 presidential campaign of George H.W. Bush.
Whooowee. He looks mighty republican to me. I guess if all muslims can be terrorists and all democrats communists then all republicans must be best buddies of our most vile criminals. No offense, just administering current American conservative logic. So who are you guys planning on releasing next? Private Manning? Charles Manson?
Why do the majority of the posters want to turn every issue into a plank in a political party's platform? Do you not recognize that "stupid" is not exclusive to a single party? You, as individuals, are every bit as divisive as the candidates and office holders you continually revile. When someone does something wrong/stupid, condemn it, even if they are in your party of choice. When someone does something admirable, praise and support it. You sound even worse than Iran practically insulting the US Navy when they intervened to rescue one of their ships and sailors which had been captured by pirates. Barbour had the power to grant pardons and he abused it. Generally I am conservative and generally I vote Republican - but I supported Max Bacus for decades. Your blanket applicaton of "current American conservative logic" is every bit as accurate as Rush Limbaugh's labeling every Democrat a morally bankrupt baby-killing communist and you both sound like you have "half your brain tied behind your back, just to make it fair." (That's a Limbaugh "stupidism" in case you didn't recognize it.) The Chief Executive undermining efforts to secure our borders is unconscienceable, as is the granting of a pardon to a cold-blooded murderer.
Tcat,
Absolutely perfect. I wish we had millions more of you around this country who aren't afraid to call it like it is.
TCAT- Great post till Chief Executive undermining efforts to secure our borders!
TCAT,
Every point you made is well taken.
yeah, Free Charlie, poor man is just misunderstood :P
TCAT, you're 100% on target. Why do you think I rain down these idiotic ideological logics on the world. I'm sorta hoping that majority of posters you speak of can see how totally stupid they look to the rational people in the world. No, barbour ain't what a republican "is" no more than obama is not what a democrat "is".
Though by the tone of your reply, I somehow feel I may just be addressing a portion of that "majority of posters" anyway. Oh well, life ain't always fair.
Barbeur probably got some behind the scenes financial deals, just like BJ Clinton did when he and his half brother cut deals to release criminals and give them pardons. It's a stupid practice and should be stopped. We all know that politicians and crooked and scoundrels and will do anything for money.
Birds of a feather aid and abet each other.
But you hardly hear mr grover, the gop, or the rushbo say anything. The rushbo especially should say it is something he disapproves of it. By saying nothing, he is condoning it. Five violent criminals let loose by the gop. He speaks about everything else for 3 hours every day.
Leona- Just couldn't stop yourself, could ya? Obama bashing is like crack to you isn't? LMAO This vine is about a Republican Governor, Barbour, who gave pardons to murderers and rapist's. You will have many other times to troll and spread your misguided hate!
hummbird,
I can't help it if you don't like the truth.
Did Obama and Holder sue Arizona for trying to protect their citizens from illegals who are committing crimes?
Did I imagine that ? Answer: NO
BTW, I don't like what Barbour did, not when it comes to murderers and rapists. I have already said that.
Since corporations are people...I am suprised that 'Ol babe' didn't pardon BP, Transocean, and Halliburton. This just does not add up.....
I think this is part of why some people support the death penalty for some murderers.
RandogM, Perry didn't prosecute BP when they killed people in TEXAS.He said,you kill people in Texas,you pay the ultimate price, yeah right.As far as Barbour he's a coward who has spit on our justice system.Regardless of party,you don't pardon murderers. The argument that they are old and ill,doesn't fly considering looking at their pictures. He sidestep the law to do it,which will come back to bite him on his fat a@@! J-MAL
AROBIN4,Van Der Sloot should have gotten the death penalty yesterday,for killing Stephany Flores. He admitted to brutally killing her. It's a shame the Dutch authorities didn't do their job,because Ms. Flores would be alive today. Maybe when he gets out in 28 years,he could hook up with Casey Anthony. J-MAL
What?? The Dutch don't have the Death Penalty. Are you a fool or an idiot?
Regulator,you must be a Republican name calling? I was talking about justice wasn't served for Ms.Holloway.Killers usually kill again. I said nothing about the Dutch having a death penalty! J-MAL
Said the pardoned Mississippi killer who witnesses saw shoot his wife in the back. Her family and friends are most likely distraught knowing she will never be able to be with them again.
as a life long Conservative I find Barbours actions quite deplorable no politician should have that power
Just take away that right in the same Constitutional Amendment outlawing gay marraige.
So commit a murder, receive life sentence, serve some time, work in the governor's mansion, act like a model citizen and enjoy complete release from due sentence. You are no longer a threat to society 'cause you suffered from a crime of passion. You are the victim and society should release you from your shackles. Be free like an eagle 'cause you have earned it. Yet another reason to remove this absurd policy of pardon from elected officials who themselves suffer from accelerated dementia. How about a change in policy people???
Govenors' should not have the ultimate say on who gets pardoned. Give that authority to a parole board, or other entity with time given to carefully study each case by case.
It appears that most of the pardons issued were legitimate and did not compromise public safety. Criminals who are already living in the community under various forms of supervision have an opportunity to really demonstrate their ability to live lawfully. Very old or terminally ill inmates may warrant placement in nursing homes or hospice but they don't need to be pardoned to accomplish this.
Pardoning murderers or extremely violent individuals based on good institutional behavior shows complete ignorance of criminality and mental functioning. In my experience, the very best behaved, hardest working criminal inmates were usually the most profoundly sociopathic. What is equally distressing is that it appears Mississippi does not have an effective victim notification system. I can not imagine the fear and stress experienced by the victims or survivors of these crimes learning about these releases after they have occurred. In no case should pardons or clemency be granted without a formal investigation report including input from the victim or survivors, the prosecutors, general community sentiment surveys as well as supporting interviews with the inmates family, friends, potential landlord, potential employer etc. The executive should also be required to provide the rationale for the clemency or pardon decision. This in no way curtails or prevents the pardoning power of the executive, but it would ensure some fore thought. If you have to explain your decision to others, it means you had to take the time to justify it to yourself first and not just sign any old piece of paper some aide puts in front of you.
Do they know the heart of these men in order to pardon them? Like our creator does?
Quit whinning Mississippians you got what you the majority all the Republicans voted for..
Dont like the results then get off the couch and vote for less extremest Candidates...
But alas looks as though you failed again, you replaced Haley for another cut from the same cloth...
In my book, Haley Barbour is finished as a Republican. There are no second chances for murderers because their victims don't get a second chance. You should be taking their places and serving out their sentences for this asinine decision. F * * * you, Haley Barbour!
Conservatives REALLY wanted Barbour to run for President! His closet was TOO full I heard!
Obama's "closet is full" too.
Too bad the liberal media shoves it under the rug.
Some of us still want to know what his college papers say and why they are on "lock down."
Well, when Republican presidents release their college papers then maybe Obama will release his. This is not a requirement. Also why won't Mitt Romney release his tax records.
Really Leona? Which "other" presidents "release" their college papers? Let alone their BIRTH CERTIFICATES?
OBAMA/BIDEN 2012