Welcome!

News Feed Item

Judicial Watch Sues Justice Department for Records on Obama's Massive Effort to Grant Clemency to Criminals

Obama Administration Unprecedented Clemency Initiative Could Free More Than 20,000 Convicted Felons From Federal Prisons

WASHINGTON, DC -- (Marketwired) -- 07/23/14 -- Judicial Watch announced today that on June 23, 2014, it filed a Freedom of Information Act (FOIA) lawsuit against the Department of Justice (DOJ) to obtain records of communication between the office of Deputy Attorney General James Cole and Federal Defenders: the ACLU, FAMM, the ABA, and NACCL relating to the organizations' "Clemency Project 2014" (Judicial Watch v. Department of Justice (No. 1:14-cv-01048)). The Clemency Project supports an initiative announced by the DOJ in April that would empower President Obama to grant mass clemency to as many as 20,000 convicted felons now serving time for drug-related sentences.

The FOIA lawsuit filed pursuant to a March 10, 2014, FOIA request seeks the following:

Any and all records of communications between employees or officials of the Office of Deputy Attorney General James Cole and representatives of the Federal Defenders, the ACLU, FAMM, the ABA, and NACDL related to, or in connection with or regarding the 'Clemency Project 2014' from January 1, 2014 to the present date.

On April 23, 2014, Deputy Attorney James Cole announced the Obama clemency initiative saying it would encourage federal inmates sentenced under what he termed "out-of-date laws" to petition to have their sentences "commuted, or reduced, by the President of the United States." The clemency initiative is part of the Obama administration's effort to end alleged racial discrimination in drug-related sentences. It started with the 2010 signing of the Fair Sentencing Act, which for the first time in decades relaxed drug-crime sentences. The measure severely weakened a decades-old law enacted during the crack cocaine epidemic that ravaged urban communities nationwide in the 1980s.

But the Fair Sentencing Act is not retroactive so the president launched his broad plan in April to help those sentenced under the older, stricter law that required mandatory prison for first-time offenders and a five-year sentence for trafficking offenses involving more than five grams of crack cocaine.

In announcing the administration's clemency initiative, Cole acknowledged the role of "numerous groups and individual attorneys" who had been working with DOJ to free the convicted drug offenders:

In January, I gave a speech to the New York State Bar Association in which I called upon private attorneys to volunteer to assist potential candidates in assembling commutation petitions -- ones which provide a focused presentation of the information the Department and the President will consider -- in order to meaningfully evaluate whether a petitioner qualifies under this initiative. Since that time, dedicated and experienced criminal defense and nonprofit lawyers have responded to that call. These numerous groups and individual attorneys, who are calling themselves Clemency Project 2014, will be working with inmates who appear to meet the six criteria and request the assistance of a lawyer.

Among the groups that comprise Clemency Project 2014 are Federal Defenders, the American Civil Liberties Union (ACLU), Families Against Mandatory Minimums (FAMM), the American Bar Association (ABA), and the National Association of Criminal Defense Lawyers (NACDL). Judicial Watch has now filed suit for DOJ communications with each of the organizations.

Cole's statement also included an announcement that DOJ Pardon Attorney Ron Rodgers had abruptly resigned his position. Though Cole characterized the Rodgers resignation as "in the tradition" of senior executive service attorneys who ask for reassignment, there was some indication that it may have come about as a result of Rodger's disagreement with the Obama clemency initiative. Rodgers, who is known for his opposition to clemency requests, was replaced by Deborah Leff, who worked with the Access to Justice Initiative, a DOJ agency aiding low-income defendants in court. According to the liberal publication The American Prospect: "For those hoping to see a robust clemency push, her background bodes well."

Historically, the power to reduce sentences and grant pardons has been used on a case-by-case basis. During his presidency, George W. Bush granted only 11 sentence commutations, while Bill Clinton granted a total of 61. Robert Weisberg, a law professor at Stanford University and co-director of the Stanford Criminal Justice Center, questions whether the Obama clemency move rightly falls under the Executive Branch, "Although it's being done through the pardon power, it really is a kind of administrative action to make some of the newer laws retroactive...It's almost as if they have to invent their own kind of shadow sentencing guidelines and in effect re-sentence certain people."

Certain members of Congress are also balking at the Obama clemency initiative, with Senator Jeff Sessions (R-AL), stating, "While the pardon power has been interpreted broadly, the Framers never intended for it to be used in this manner. Rather, they intended for it to be used on a limited, case-by-case basis to correct injustice, not to be a tool for the administration to rewrite or even eliminate laws passed by Congress."

"This is clearly yet another case of the president abusing his authority," said Judicial Watch President Tom Fitton. "This is an example of the imperial presidency at its worst, and the American people have a right to know who is behind his arrant usurpation of power. And his Department of Justice's outsourcing of its work to left-wing interest groups is yet another abuse that undermines accountability. So it is no surprise that the Department of Justice is now violating our nation's primary open records law and refusing to divulge basic information about this controversial program."

More Stories By Marketwired .

Copyright © 2009 Marketwired. All rights reserved. All the news releases provided by Marketwired are copyrighted. Any forms of copying other than an individual user's personal reference without express written permission is prohibited. Further distribution of these materials is strictly forbidden, including but not limited to, posting, emailing, faxing, archiving in a public database, redistributing via a computer network or in a printed form.

Latest Stories
DXWorldEXPO LLC announced today that Kevin Jackson joined the faculty of CloudEXPO's "10-Year Anniversary Event" which will take place on November 11-13, 2018 in New York City. Kevin L. Jackson is a globally recognized cloud computing expert and Founder/Author of the award winning "Cloud Musings" blog. Mr. Jackson has also been recognized as a "Top 100 Cybersecurity Influencer and Brand" by Onalytica (2015), a Huffington Post "Top 100 Cloud Computing Experts on Twitter" (2013) and a "Top 50 C...
Sanjeev Sharma Joins November 11-13, 2018 @DevOpsSummit at @CloudEXPO New York Faculty. Sanjeev Sharma is an internationally known DevOps and Cloud Transformation thought leader, technology executive, and author. Sanjeev's industry experience includes tenures as CTO, Technical Sales leader, and Cloud Architect leader. As an IBM Distinguished Engineer, Sanjeev is recognized at the highest levels of IBM's core of technical leaders.
For years the world's most security-focused and distributed organizations - banks, military/defense agencies, global enterprises - have sought to adopt cloud technologies that can reduce costs, future-proof against data growth, and improve user productivity. The challenges of cloud transformation for these kinds of secure organizations have centered around data security, migration from legacy systems, and performance. In our presentation, we will discuss the notion that cloud computing, properl...
IoT is rapidly becoming mainstream as more and more investments are made into the platforms and technology. As this movement continues to expand and gain momentum it creates a massive wall of noise that can be difficult to sift through. Unfortunately, this inevitably makes IoT less approachable for people to get started with and can hamper efforts to integrate this key technology into your own portfolio. There are so many connected products already in place today with many hundreds more on the h...
CloudEXPO New York 2018, colocated with DXWorldEXPO New York 2018 will be held November 11-13, 2018, in New York City and will bring together Cloud Computing, FinTech and Blockchain, Digital Transformation, Big Data, Internet of Things, DevOps, AI, Machine Learning and WebRTC to one location.
SYS-CON Events announced today that IoT Global Network has been named “Media Sponsor” of SYS-CON's @ThingsExpo, which will take place on June 6–8, 2017, at the Javits Center in New York City, NY. The IoT Global Network is a platform where you can connect with industry experts and network across the IoT community to build the successful IoT business of the future.
Andrew Keys is Co-Founder of ConsenSys Enterprise. He comes to ConsenSys Enterprise with capital markets, technology and entrepreneurial experience. Previously, he worked for UBS investment bank in equities analysis. Later, he was responsible for the creation and distribution of life settlement products to hedge funds and investment banks. After, he co-founded a revenue cycle management company where he learned about Bitcoin and eventually Ethereal. Andrew's role at ConsenSys Enterprise is a mul...
Evan Kirstel is an internationally recognized thought leader and social media influencer in IoT (#1 in 2017), Cloud, Data Security (2016), Health Tech (#9 in 2017), Digital Health (#6 in 2016), B2B Marketing (#5 in 2015), AI, Smart Home, Digital (2017), IIoT (#1 in 2017) and Telecom/Wireless/5G. His connections are a "Who's Who" in these technologies, He is in the top 10 most mentioned/re-tweeted by CMOs and CIOs (2016) and have been recently named 5th most influential B2B marketeer in the US. H...
DXWorldEXPO | CloudEXPO are the world's most influential, independent events where Cloud Computing was coined and where technology buyers and vendors meet to experience and discuss the big picture of Digital Transformation and all of the strategies, tactics, and tools they need to realize their goals. Sponsors of DXWorldEXPO | CloudEXPO benefit from unmatched branding, profile building and lead generation opportunities.
Disruption, Innovation, Artificial Intelligence and Machine Learning, Leadership and Management hear these words all day every day... lofty goals but how do we make it real? Add to that, that simply put, people don't like change. But what if we could implement and utilize these enterprise tools in a fast and "Non-Disruptive" way, enabling us to glean insights about our business, identify and reduce exposure, risk and liability, and secure business continuity?
The best way to leverage your Cloud Expo presence as a sponsor and exhibitor is to plan your news announcements around our events. The press covering Cloud Expo and @ThingsExpo will have access to these releases and will amplify your news announcements. More than two dozen Cloud companies either set deals at our shows or have announced their mergers and acquisitions at Cloud Expo. Product announcements during our show provide your company with the most reach through our targeted audiences.
DXWorldEXPO LLC announced today that Telecom Reseller has been named "Media Sponsor" of CloudEXPO | DXWorldEXPO 2018 New York, which will take place on November 11-13, 2018 in New York City, NY. Telecom Reseller reports on Unified Communications, UCaaS, BPaaS for enterprise and SMBs. They report extensively on both customer premises based solutions such as IP-PBX as well as cloud based and hosted platforms.
Enterprises are striving to become digital businesses for differentiated innovation and customer-centricity. Traditionally, they focused on digitizing processes and paper workflow. To be a disruptor and compete against new players, they need to gain insight into business data and innovate at scale. Cloud and cognitive technologies can help them leverage hidden data in SAP/ERP systems to fuel their businesses to accelerate digital transformation success.
When building large, cloud-based applications that operate at a high scale, it's important to maintain a high availability and resilience to failures. In order to do that, you must be tolerant of failures, even in light of failures in other areas of your application. "Fly two mistakes high" is an old adage in the radio control airplane hobby. It means, fly high enough so that if you make a mistake, you can continue flying with room to still make mistakes. In his session at 18th Cloud Expo, Le...
Machine learning provides predictive models which a business can apply in countless ways to better understand its customers and operations. Since machine learning was first developed with flat, tabular data in mind, it is still not widely understood: when does it make sense to use graph databases and machine learning in combination? This talk tackles the question from two ends: classifying predictive analytics methods and assessing graph database attributes. It also examines the ongoing lifecycl...