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Hearing Committee on Government CLEMENCY FOR THE FALN: A FLAWED DECISION? HEARING BEFORE THE COMMITTEE ON GOVERNMENT REFORM HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTH CONGRESS FIRST SESSION SEPTEMBER 21, 1999 Serial No. 106–44 Printed for the use of the Committee on Government Reform ( Available via the World Wide Web: http://www.house.gov/reform U.S. GOVERNMENT PRINTING OFFICE 60–935 CC WASHINGTON : 2000 VerDate 11-MAY-2000 14:58 May 21, 2001 Jkt 010199 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 E:\HEARINGS\60935 pfrm04 PsN: 60935 COMMITTEE ON GOVERNMENT REFORM DAN BURTON, Indiana, Chairman BENJAMIN A. GILMAN, New York HENRY A. WAXMAN, California CONSTANCE A. MORELLA, Maryland TOM LANTOS, California CHRISTOPHER SHAYS, Connecticut ROBERT E. WISE, JR., West Virginia ILEANA ROS-LEHTINEN, Florida MAJOR R. OWENS, New York JOHN M. MCHUGH, New York EDOLPHUS TOWNS, New York STEPHEN HORN, California PAUL E. KANJORSKI, Pennsylvania JOHN L. MICA, Florida PATSY T. MINK, Hawaii THOMAS M. DAVIS, Virginia CAROLYN B. MALONEY, New York DAVID M. MCINTOSH, Indiana ELEANOR HOLMES NORTON, Washington, MARK E. SOUDER, Indiana DC JOE SCARBOROUGH, Florida CHAKA FATTAH, Pennsylvania STEVEN C. LATOURETTE, Ohio ELIJAH E. CUMMINGS, Maryland MARSHALL ‘‘MARK’’ SANFORD, South DENNIS J. KUCINICH, Ohio Carolina ROD R. BLAGOJEVICH, Illinois BOB BARR, Georgia DANNY K. DAVIS, Illinois DAN MILLER, Florida JOHN F. TIERNEY, Massachusetts ASA HUTCHINSON, Arkansas JIM TURNER, Texas LEE TERRY, Nebraska THOMAS H. ALLEN, Maine JUDY BIGGERT, Illinois HAROLD E. FORD, JR., Tennessee GREG WALDEN, Oregon JANICE D. SCHAKOWSKY, Illinois DOUG OSE, California ——— PAUL RYAN, Wisconsin BERNARD SANDERS, Vermont HELEN CHENOWETH, Idaho (Independent) DAVID VITTER, Louisiana KEVIN BINGER, Staff Director DANIEL R. MOLL, Deputy Staff Director DAVID A. KASS, Deputy Counsel and Parliamentarian CARLA J. MARTIN, Chief Clerk PHIL SCHILIRO, Minority Staff Director (II) VerDate 11-MAY-2000 14:58 May 21, 2001 Jkt 010199 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 E:\HEARINGS\60935 pfrm04 PsN: 60935 C O N T E N T S Page Hearing held on September 21, 1999 ..................................................................... 1 Statement of: Barnes, Harry, director, Conflict Resolution Program at the Carter Cen- ter; and Reverend Dr. Thomas Dipko, executive vice president, United Church Board for Homeland Ministries, United Church of Christ .......... 138 Cooksey, Michael B., Assistant Director for Correctional Programs, Bu- reau of Prisons; Jon Jennings, Acting Assistant Attorney General for Legislative Affairs, Department of Justice; and Neil Gallagher, Assist- ant Director for National Security, Federal Bureau of Investigation ....... 86 Ettenson, Diana Berger; Thomas Connor; Detective Richard Pastorella, retired, New York City Police Department; and Detective Anthony Senft, retired, New York City Police Department ...................................... 41 Fossella, Hon. Vito, a Representative in Congress from the State of New York ....................................................................................................... 31 Romero-Barcelo´, Hon. Carlos A., a Representative in Congress from Puer- to Rico ............................................................................................................ 23 Letters, statements, etc., submitted for the record by: Barnes, Harry, director, Conflict Resolution Program at the Carter Cen- ter: Letter dated October 15, 1999 .................................................................. 153 Prepared statement of ............................................................................... 140 Biggert, Hon. Judy, a Representative in Congress from the State of Illinois, prepared statement of ..................................................................... 21 Burton, Hon. Dan, a Representative in Congress from the State of Indi- ana, information against clemency .............................................................. 131 Connor, Thomas, prepared statement of ........................................................ 48 Cooksey, Michael B., Assistant Director for Correctional Programs, Bu- reau of Prisons, prepared statement of ....................................................... 88 Dipko, Reverend Dr. Thomas, executive vice president, United Church Board for Homeland Ministries, United Church of Christ, prepared statement of ................................................................................................... 144 Ettenson, Diana Berger, prepared statement of ............................................ 43 Fossella, Hon. Vito, a Representative in Congress from the State of New York, prepared statement of ................................................................ 36 Jennings, Jon, Acting Assistant Attorney General for Legislative Affairs, Department of Justice: Information concerning a draft letter ...................................................... 127 Information concerning a petition for clemency ..................................... 130 Information concerning White House requests ....................................... 126 Prepared statement of ............................................................................... 95 Senft, Detective Anthony, retired, New York City Police Department, prepared statement of ................................................................................... 67 Waxman, Hon. Henry A., a Representative in Congress from the State of California: Letter dated August 27, 1999 ................................................................... 15 Letter dated September 21, 1999 ............................................................. 7 (III) VerDate 11-MAY-2000 14:58 May 21, 2001 Jkt 010199 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 E:\HEARINGS\60935 pfrm04 PsN: 60935 VerDate 11-MAY-2000 14:58 May 21, 2001 Jkt 010199 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 E:\HEARINGS\60935 pfrm04 PsN: 60935 CLEMENCY FOR THE FALN: A FLAWED DECISION? TUESDAY, SEPTEMBER 21, 1999 HOUSE OF REPRESENTATIVES, COMMITTEE ON GOVERNMENT REFORM, Washington, DC. The committee met, pursuant to notice, at 1:16 p.m., in room 2154, Rayburn House Office Building, Hon. Dan Burton (chairman of the committee) presiding. Present: Representatives Burton, Morella, Horn, Barr, Miller, Hutchinson, Terry, Biggert, Ose, Vitter, Waxman, Towns, Mink, Norton, Cummings, Kucinich, Davis of Illinois, and Tierney. Staff present: Kevin Binger, staff director; Daniel R. Moll, deputy staff director; James C. Wilson, chief counsel; David Kass, deputy counsel and parliamentarian; Kristi Remington, senior counsel; Mark Corallo, director of communications; Kevin Long, professional staff member; Kim Reed, counsel; Corinne Zaccagnini, systems ad- ministrator; Robin Butler, office manager; Carla J. Martin, chief clerk; Lisa Smith-Arafune, deputy chief clerk; Nicole Petrosino, leg- islative aide; Howard Denis, staff director, Subcommittee on Civil Service; Russell George, staff director/chief counsel, Subcommittee on Civil Service; Phil Schiliro, minority staff director; Phil Barnett, minority chief counsel; Kenneth Ballen, minority chief investigative counsel; David Sadkin and Michael Yang, minority counsels; Ellen Rayner, minority chief clerk; Jean Gosa, minority staff assistant; and Andrew Su, minority research assistant. Mr. BURTON. The Committee on Government Reform will come to order. Good afternoon. A quorum being present, the committee will start conducting our business. I ask unanimous consent that all Members’ and witnesses’ written opening statements be included in the record. Without objection, so ordered. I ask unanimous consent that all articles, exhibits and extra- neous or tabular material referred to be included in the record. Without objection, so ordered. I also ask unanimous consent that questioning in the matter under consideration proceed under clause 2(j)(2) of House Rule XI and committee rule 14 in which the chairman and ranking minor- ity member allocate time to committee counsel or Members as they deem appropriate for extended questioning, not to exceed 60 min- utes divided equally between the majority and minority. Without objection, so ordered. Today we are going to focus on the President’s decision to offer clemency to members of a Puerto Rican terrorist group, the FALN. (1) VerDate 11-MAY-2000 14:58 May 21, 2001 Jkt 010199 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 E:\HEARINGS\60935 pfrm04 PsN: 60935 2 Our system is based on checks and balances. The Congress can pass legislation, but the President can veto it. The President is the Commander in Chief, but only Congress can declare war. But there is one area where the President’s power is absolute: the power to grant clemency. There is nothing the Congress can do about it. There is nothing the courts can do about it. Article II, Section 2 of the Constitution states, ‘‘He shall have the power to grant reprieves and pardons for offenses against the United States except in cases of impeach- ment.’’ Can we have some order, please. This is an important responsibility. It is a power that the Presi- dent has to exercise with a great deal of caution. Before the FALN terrorists, President Clinton had received more than 3,000 peti- tions for clemency and he had only granted 3 of them. Then on Au- gust 11th, the President offered clemency to 16 members of the FALN, a terrorist group seeking independence for Puerto Rico. Al- most a month later, 14 of the 16 people accepted the President’s offer and were released from prison. This whole issue has ignited a firestorm of controversy. The FALN was involved
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