Thursday, February 26, 2015

Clemency Relief under Obama A Big Disappointment


BOP Clemency Program Off to Slow Start

 

By Derek Gilna

 

            Those of you who have communicated with me know that I like to call things like I see them, including discouraging people from filing something in court, “just to file something,”  when I don’t see it succeeding.  As you know, I am not an advocate of your wasting your hard-earned money or that of your friends and relatives.  I am still a firm believer that if you don’t file, you don’t get, but the facts have to line up correctly for you to win relief.

            So it is with some sadness that I share with you some of the things I have learned from speaking with some insiders, reading all publications on the subject, and speaking with people at the institutions, about the BOP Clemency Program.  It is shaping up to be a cruel disaster.

            So far, except for some window-dressing approvals, the pace and number of clemency approvals puts President Obama squarely LAST of all Presidents in the past fifty years for approvals.  And exactly NONE of those approvals came from the BOP application process.  All approvals have been classified as “safe” by several experts, granted for offenses committed decades ago, and given to people of advanced years who have already completed their sentences.

            Also, all of those who got relief had been recommended for the action through the DOJ’s Pardon Office, not exactly known for its expansive interpretation of clemency laws. The fear is that the career employees of the DOJ are running out the clock on the Obama administration, and frustrating the intent of the much-touted clemency program.  To succeed, you need someone to push your petition, and follow up on the process.  (Did you really think the BOP was going to do this?)

            That puts us back right where we were two years ago, when the only sentence relief was obtained from legal professionals wise in the ways not only of the courts and the law, but also the harsh realities of the BOP.  I and others like me are still here to examine your cases, free of charge, to see if you qualify for relief.  Do not be discouraged, and do not be frustrated.  Justice moves slowly, but it does move, if it is helped along.

 


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