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Fewer Hands, More Mercy: a Plea for a Better Federal Clemency System
FEWER HANDS, MORE MERCY: A PLEA FOR A BETTER FEDERAL CLEMENCY SYSTEM Mark Osler*† INTRODUCTION .......................................................................................... 465 I. A SWAMP OF UNNECESSARY PROCESS .................................................. 470 A. From Simplicity to Complexity ....................................................... 470 B. The Clemency System Today .......................................................... 477 1. The Basic Process ......................................................................... 477 a. The Pardon Attorney’s Staff ..................................................... 478 b. The Pardon Attorney ................................................................ 479 c. The Staff of the Deputy Attorney General ................................. 481 d. The Deputy Attorney General ................................................... 481 e. The White House Counsel Staff ................................................ 483 f. The White House Counsel ......................................................... 484 g. The President ............................................................................ 484 2. Clemency Project 2014 ................................................................ 485 C. The Effect of a Bias in Favor of Negative Decisions ...................... 489 II. BETTER EXAMPLES: STATE AND FEDERAL .......................................... 491 A. State Systems ................................................................................... 491 1. A Diversity -
Election Day Arrives!
T H U R S D A Y 162nd YEAR • No. 83 AUGUST 4, 2016 CLEVELAND, TN 18 PAGES • 50¢ Election day arrives! Polls close at 8 tonight; large turnout expected due to contested local races By ALLEN MINCEY have been checked, and election workers trained, for Banner Staff Writer today. The last training session was held on Tuesday of this week at the Bradley County Courthouse. Polls will be open until 8 o’clock tonight for what offi- Early voting results had 5,531 cast ballots, which cials say could be a close election in several races. Green said was more than in 2008, which was the most Voting began early today at 8 a.m. at 17 precincts comparable election to this year. She added she hopes across the city of Cleveland and Bradley County. Those today’s results will put the total number of voters over precincts are: McDonald, Prospect, Hopewell, E.L. Ross, 10,000. Walker Valley, Lee University, Senior Center, Oak Grove, Several local races led to those early voting numbers Michigan Avenue, Blythe-Bower, the Museum Center at and could attract an equally large number of voters Five Points, Valley View, Blue Springs, Waterville, Black today. Banner photo, DONNA KAYLOR Fox, Stuart, and Cleveland High School. The polling site Stanley Thompson is the only candidate who qualified POLLING LOCATIONS opened today at 8 a.m. and will close at 8 this evening. at the museum is for those who have normally voted at for the Assessor of Property race in the Bradley County Blythe Avenue Elementary School. -
Dear Friends: Eileen and I Welcome You to the 2017 Spring Meeting Of
American College of Trial Lawyers 2017 Spring Meeting BOCA RATON RESORT & CLUB BOCA RATON, FLORIDA Dear Friends: Eileen and I welcome you to the 2017 Spring Meeting of the American College of Trial Lawyers at the beautiful Boca Raton Resort. We have planned an exciting meeting, beginning with the President’s Welcome Reception on Thursday evening. Each Region has its own banner displayed to facilitate the opportunity to meet the Inductees from your area and welcome treasured friends. President-Elect Samuel H. (Sam) Franklin has planned an impressive two-day program of distinguished speakers presenting timely and thought-provoking topics during our General Sessions. I know that Fellows and spouses and guests alike will be entertained, educated and enlightened. Tours and activities offered on Thursday, Friday, and Saturday afternoons promise to provide local adventure and relaxation. Please check with the ACTL staff at the Registration Desk to see if tickets are still available. Friday evening’s reception and entertainment will be hosted under the stars on the Grand Lawn, and dinner will be enjoyed in the Grand Ballroom. The traditional highlight of our College meetings, the Induction Ceremony and Spring Banquet, will be Saturday night as we welcome new Fellows into the College. Please remember to wear your name badges so we may greet each other and celebrate our Fellowship. I look forward to seeing each of you. Sincerely, Bartholomew J. Dalton President CHANCELLOR-FOUNDER HON. EMIL GUMPERT 1895-1982 OFFICERS BARTHOLOMEW J. DALTON, President SAMUEL H. FRANKLIN, President-Elect JEFFREY S. LEON, LSM, Treasurer DOUGLAS R. YOUNG, Secretary MICHAEL W. -
Immunity of the Director of the Office of Political Strategy and Outreach from Congressional Subpoena
Immunity of the Director of the Office of Political Strategy and Outreach from Congressional Subpoena The Assistant to the President and Director of the Office of Political Strategy and Out- reach (“OPSO”) is immune from the House Committee on Oversight and Government Reform’s subpoena to compel him to testify about matters concerning his service to the President in the OPSO. July 15, 2014 MEMORANDUM OPINION FOR THE COUNSEL TO THE PRESIDENT You have asked whether Assistant to the President and Director of the Office of Political Strategy and Outreach (“OPSO”) David Simas is legally required to appear to testify at a congressional hearing scheduled for July 16, 2014, in response to a subpoena issued to Mr. Simas by the House Committee on Oversight and Government Reform on July 10, 2014. We understand that the Committee seeks testimony about “whether the White House is taking adequate steps to ensure that political activity by Administration officials complies with relevant statutes, including the Hatch Act,” and about “the role and function of the White House Office of Political Strategy and Outreach.” Letter for David Simas from Darrell Issa, Chairman, Committee on Oversight and Government Reform, House of Representatives (July 3, 2014) (“Invitation Letter”). For the reasons set forth below, we believe that Mr. Simas is immune from compulsion to testify before the Committee on these matters, and therefore is not re- quired to appear to testify in response to this subpoena. I. A. The Executive Branch’s longstanding position, reaffirmed by numer- ous administrations of both political parties, is that the President’s im- mediate advisers are absolutely immune from congressional testimonial process. -
Executive Branch
EXECUTIVE BRANCH THE PRESIDENT BARACK H. OBAMA, Senator from Illinois and 44th President of the United States; born in Honolulu, Hawaii, August 4, 1961; received a B.A. in 1983 from Columbia University, New York City; worked as a community organizer in Chicago, IL; studied law at Harvard University, where he became the first African American president of the Harvard Law Review, and received a J.D. in 1991; practiced law in Chicago, IL; lecturer on constitutional law, University of Chicago; member, Illinois State Senate, 1997–2004; elected as a Democrat to the U.S. Senate in 2004; and served from January 3, 2005, to November 16, 2008, when he resigned from office, having been elected President; family: married to Michelle; two children: Malia and Sasha; elected as President of the United States on November 4, 2008, and took the oath of office on January 20, 2009. EXECUTIVE OFFICE OF THE PRESIDENT 1600 Pennsylvania Avenue, NW., 20500 Eisenhower Executive Office Building (EEOB), 17th Street and Pennsylvania Avenue, NW., 20500, phone (202) 456–1414, http://www.whitehouse.gov The President of the United States.—Barack H. Obama. Special Assistant to the President and Personal Aide to the President.— Anita Decker Breckenridge. Director of Oval Office Operations.—Brian Mosteller. OFFICE OF THE VICE PRESIDENT phone (202) 456–1414 The Vice President.—Joseph R. Biden, Jr. Assistant to the President and Chief of Staff to the Vice President.—Steve Ricchetti, EEOB, room 272, 456–9951. Deputy Assistant to the President and Chief of Staff to Dr. Jill Biden.—Sheila Nix, EEOB, room 201, 456–7458. -
Letter of Notification of Presidential Records Release
VIA EMAIL (LM 2016-092) September 22, 2016 The Honorable W. Neil Eggleston Counsel to the President The White House Washington, D.C. 20502 Dear Mr. Eggleston: In accordance with the requirements of the Presidential Records Act (PRA), as amended, 44 U.S.C. §§2201-2209, this letter constitutes a formal notice from the National Archives and Records Administration (NARA) to the incumbent President of our intent to open George W. Bush Presidential records in response to the systematic processing projects and Freedom of Information Act (FOIA) requests listed in Attachment A. This material, consisting of 22,254 pages, 7,957 assets, and 15 video clips, has been reviewed for the six PRA Presidential restrictive categories, including confidential communications requesting or submitting advice (P5) and material related to appointments to federal office (P2), as they were eased by President George W. Bush on November 15, 2010. These records were also reviewed for all applicable FOIA exemptions. As a result of this review, 8,097 pages and 4,641 assets in whole and 833 pages and 260 assets in part have been restricted. Therefore, NARA is proposing to open the remaining 13,324 pages, 3,056 assets, and 15 video clips in whole and 833 pages and 260 assets in part that do not require closure under 44 U.S.C. § 2204. A copy of any records proposed for release under this notice will be provided to you upon your request. We are also concurrently informing former President George W. Bush’s representative, Tobi Young, of our intent to release these records. -
The Ali Reporter Winter 2020 3
THE QUARTERLY NEWSLETTER OF THE AMERICAN LAW INSTITUTE VOLUME 43 NUMBER 1 WINTER 2020 THE DIRECTOR’S LETTER BY RICHARD L. REVESZ The American Law Institute and the U.S. Supreme ALI Council Approves All or Court, Revisited Part of Six Project Drafts at In my Winter 2016 Director’s Letter, I looked at the U.S. Supreme Court’s use of ALI materials October Meeting during the 2013 to 2015 Terms, as part of an effort to examine how the ALI’s influence At its meetings on October 13 and October 22-23, 2020, the Council reviewed extends beyond the state courts and affects and discussed Council Drafts of seven projects and approved drafts and the development of federal law. Now that four portions of drafts as listed below. All approvals are subject to the discussion years have passed since my last analysis of at the meeting and the usual editorial prerogative. the Supreme Court’s use of ALI materials and several new Justices have joined the Court, The next ALI Council Meeting will be held via Zoom on January 21-22, 2021. revisiting this topic seems worthwhile. Children and the Law During the 2016 to 2019 Terms, the Supreme The Council approved Council Draft No. 6, containing § 1.60 from Chapter 1, Court cited ALI publications in 51 separate Parental Authority and Responsibilities; § 2.60 from Chapter 2, State opinions across 42 argued cases—roughly 15 Intervention for Abuse and Neglect; §§ 9.10 and 9.20 from Chapter 9, Religion percent of the total number of cases argued. -
Proposed Additional Views of Representatives Jim Jordan and Mike Pompeo Summary of Conclusions I
EMBARGOED UNTIL 6/28/12 @ 5:00 AM PROPOSED ADDITIONAL VIEWS OF REPRESENTATIVES JIM JORDAN AND MIKE POMPEO SUMMARY OF CONCLUSIONS I. The First Victim of War is Truth: The administration misled the public about the events in Benghazi Officials at the State Department, including Secretary Clinton, learned almost in real time that the attack in Benghazi was a terrorist attack. With the presidential election just 56 days away, rather than tell the American people the truth and increase the risk of losing an election, the administration told one story privately and a different story publicly. They publicly blamed the deaths on a video-inspired protest they knew had never occurred. II. Last Clear Chance: Security in Benghazi was woefully inadequate and Secretary Clinton failed to lead The State Department has many posts but Libya and Benghazi were different. After Qhaddafi, the U.S. knew that we could not count on host nation security in a country where militias held significant power. The American people expect that when the government sends our representatives into such dangerous places they receive adequate protection. Secretary Clinton paid special attention to Libya. She sent Ambassador Stevens there. Yet, in August 2012, she missed the last, clear chance to protect her people. III. Failure of Will: America did not move heaven and earth to rescue our people The American people expect their government to make every effort to help those we put in harm’s way when they find themselves in trouble. The U.S. military never sent assets to help rescue those fighting in Benghazi and never made it into Libya with personnel during the attack. -
Clinton Presidential Records in Response to the Freedom of Information Act (FOIA) Requests Listed in Attachment A
VIA EMAIL (LM 2015-072) September 11, 2015 The Honorable W. Neil Eggleston Counsel to the President The White House Washington, D.C. 20502 Dear Mr. Eggleston: In accordance with the requirements of the Presidential Records Act (PRA), as amended, 44 U.S.C. §§2201-2209, this letter constitutes a formal notice from the National Archives and Records Administration (NARA) to the incumbent President of our intent to open Clinton Presidential records in response to the Freedom of Information Act (FOIA) requests listed in Attachment A. These records, consisting of 27,763 pages, have been reviewed for all applicable FOIA exemptions, resulting in 9,278 pages restricted in whole or in part. NARA is proposing to open the remaining 18,485 pages. A copy of any records proposed for release under this notice will be provided to you upon your request. We are also concurrently informing former President Clinton’s representative, Bruce Lindsey, of our intent to release these records. Pursuant to 44 U.S.C. 2208(a), NARA will release the records 60 working days from the date of this letter, which is December 9, 2015, unless the former or incumbent President requests a one-time extension of an additional 30 working days or asserts a constitutionally based privilege, in accordance with 44 U.S.C. 2208(b)-(d). Please let us know if you are able to complete your review before the expiration of the 60 working day period. Pursuant to 44 U.S.C. 2208(a)(1)(B), we will make this notice available to the public on the NARA website. -
The White House Counsel's Office
THE WHITE HOUSE TRANSITION PROJECT 1997-2021 Smoothing the Peaceful Transfer of Democratic Power REPORT 2021—28 THE WHITE HOUSE COUNSEL MaryAnne Borrelli, Connecticut College Karen Hult, Virginia Polytechnic Institute Nancy Kassop, State University of New York–New Paltz Kathryn Dunn Tenpas, Brookings Institution Smoothing the Peaceful Transfer of Democratic Power WHO WE ARE & WHAT WE DO The White House Transition Project. Begun in 1998, the White House Transition Project provides information about individual offices for staff coming into the White House to help streamline the process of transition from one administration to the next. A nonpartisan, nonprofit group, the WHTP brings together political science scholars who study the presidency and White House operations to write analytical pieces on relevant topics about presidential transitions, presidential appointments, and crisis management. Since its creation, it has participated in the 2001, 2005, 2009, 2013, 2017, and now the 2021. WHTP coordinates with government agencies and other non-profit groups, e.g., the US National Archives or the Partnership for Public Service. It also consults with foreign governments and organizations interested in improving governmental transitions, worldwide. See the project at http://whitehousetransitionproject.org The White House Transition Project produces a number of materials, including: • WHITE HOUSE OFFICE ESSAYS: Based on interviews with key personnel who have borne these unique responsibilities, including former White House Chiefs of Staff; Staff Secretaries; Counsels; Press Secretaries, etc. , WHTP produces briefing books for each of the critical White House offices. These briefs compile the best practices suggested by those who have carried out the duties of these office. With the permission of the interviewees, interviews are available on the National Archives website page dedicated to this project: • *WHITE HOUSE ORGANIZATION CHARTS. -
Supreme Court of Florida
Page 1of 2 Supreme Court of Florida FOR IMMEDIATE RELEASE 04/18/2016 Contact: Craig Waters, Director of Public Information Florida Supreme Court (850) 414-7641 Florida Chief Justice Takes Part in Access to Justice Event at White House TALLAHASSEE – For a second year, Florida Chief Justice Jorge Labarga will take part Tuesday in the White House Forum on Increasing Access to Justice, one of six state chief justices invited to do so. Other participants in the forum, which will be live-streamed at https://www.whitehouse.gov/live, will include CEOs of major corporations and leaders of legal aid programs. “I am eager to once again bring Florida’s perspective to this critically important national conversation,” Labarga said Monday. “And I look forward to hearing about initiatives and innovations elsewhere that we may very well want to explore here in Florida.” The White House event is to include remarks from U.S. Attorney General Loretta Lynch, White House Counsel Neil Eggleston and John Levi, the chairman of the Legal Services Corp., which is the single largest funder of civil legal aid for low-income Americans and a co-sponsor of the non-partisan forum. After the forum, a reception at the U.S. Supreme Court will include remarks by U.S. Supreme Court Justice Anthony Kennedy. Labarga has made improving access to civil justice one of the priorities of his tenure as the head of Florida’s judicial branch. In late 2014, a few months after becoming chief justice, he signed an administrative order creating the Florida Commission on Access to Civil Justice. -
Legal Services Corporation America’S Partner for Equal Justice
Legal Services Corporation America’s Partner for Equal Justice ANNUAL 2015 REPORT • LSC Board & Officers The Legal Services Corporation is the single largest funder of civil legal services in the country and plays a vital role in a public-private partnership focused on fulfilling America’s pledge of equal justice for all. Since its founding more than four decades ago, LSC has been mak- ing a difference in the lives Legal Services Corporation of low-income Americans by funding high-quality civil legal assistance to veterans, the elderly, victims of do- mestic abuse, tenants facing unlawful evictions, and others who cannot afford to pay for legal assistance. “e Congress nds and declares that— (1) there is a need to provide equal access to the system of justice in our Nation for individuals who seek redress of grievances; (2) there is a need to provide high quality legal assistance to those who would be otherwise unable to aord adequate legal counsel and to continue the present vital legal services program; (3) providing legal assistance to those who face an economic barrier to adequate legal counsel will serve best the ends of justice and assist in improving opportunities for low-income persons consistent with the purposes of this Act.” —Excerpt from the Legal Services Corporation Act Public Law 93-355, July 25, 1974 2015 ANNUAL 2015 REPORT n LSC Board of Directors & Officers Board of Directors Officers John G. Levi, Chairman James J. Sandman, President Martha Minow, Vice Chair Ronald Flagg, General Counsel, Corporate Robert J. Grey Jr. Secretary and Vice President of Legal Affairs Charles N.W.