If I Were Obama ...
If I were Democratic presidential candidate Barak Obama (not being which has in no way yet to distress me), I would consider using the next few days to capitalize on the Iowa victory in a manner that suggests I have thoughtful, specific positions on matters of public interest and places myself in a favorable contrast to both Democratic and Republican rivals. Federal executive clemency (a.k.a. the pardon power) provides such an opportunity.
There is little doubt that Scooter Libby's trial and conviction is among the high profile news stories of the past year. Obama certainly believes it. For months he has made passing reference to "the era of Scooter Libby justice" in stump speeches. While he was doing it, all of the Republican candidates have been directly asked if they would pardon Libby.
On the other hand, the closest thing to serious discussion of the pardon power that has appeared in the campaign is the spat between Mitt Romney and Mike Huckabee. Romney accuses Huckabee of indiscriminately passing out pardons to benefit of the very worst criminals. Huckabee has been, if anything, somewhat defensive, noting that he had lots of applications as governor and that most of his clemency decisions seemed to work out just fine. Romney eventually made an effort to discuss "guidelines" that might (or might not) guide his decision making as president. But the effort was generally lame. Along the way, the vision of the candidates was relentlessly narrow. Neither, for example, spoke of clemency as a necessary and important check and balance in our system of government.
Prof. Douglas Berman has noted (at the Sentencing Law and Policy blog) that Barak Obama "has set forth the most developed and thoughtful position papers on sentencing reform." What better time for him to discuss how his views on clemency would relate to his thoughts about sentencing? What better time to demonstrate that he has a more sophisticated (and serious) view of clemency than has emerged from the Romney/Huckabee debate? What better time to emphasize that he wants to end "the era of Scooter Libby justice" and - perhaps, at this point in the campaign, more importantly - avoid returning to anything like the pardon fiascos that highlighted the presidency the last time that a Clinton was president? Capiche?
P.S. As Prof. Berman's blog also highlights, if Obama does not come at Mrs. Clinton on this point, then Mrs. Clinton will bring the issue up (and frame it) herself (see post here).
There is little doubt that Scooter Libby's trial and conviction is among the high profile news stories of the past year. Obama certainly believes it. For months he has made passing reference to "the era of Scooter Libby justice" in stump speeches. While he was doing it, all of the Republican candidates have been directly asked if they would pardon Libby.
On the other hand, the closest thing to serious discussion of the pardon power that has appeared in the campaign is the spat between Mitt Romney and Mike Huckabee. Romney accuses Huckabee of indiscriminately passing out pardons to benefit of the very worst criminals. Huckabee has been, if anything, somewhat defensive, noting that he had lots of applications as governor and that most of his clemency decisions seemed to work out just fine. Romney eventually made an effort to discuss "guidelines" that might (or might not) guide his decision making as president. But the effort was generally lame. Along the way, the vision of the candidates was relentlessly narrow. Neither, for example, spoke of clemency as a necessary and important check and balance in our system of government.
Prof. Douglas Berman has noted (at the Sentencing Law and Policy blog) that Barak Obama "has set forth the most developed and thoughtful position papers on sentencing reform." What better time for him to discuss how his views on clemency would relate to his thoughts about sentencing? What better time to demonstrate that he has a more sophisticated (and serious) view of clemency than has emerged from the Romney/Huckabee debate? What better time to emphasize that he wants to end "the era of Scooter Libby justice" and - perhaps, at this point in the campaign, more importantly - avoid returning to anything like the pardon fiascos that highlighted the presidency the last time that a Clinton was president? Capiche?
P.S. As Prof. Berman's blog also highlights, if Obama does not come at Mrs. Clinton on this point, then Mrs. Clinton will bring the issue up (and frame it) herself (see post here).
posted by P.S. Ruckman, Jr. | 3:17 PM
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