By Hayes Hunt and Catherine Hamilton
Others are bothered by the Governor’s acts of clemency for the five individuals who worked for the Governor as “trusties.” The idea of “trusties” certainly invokes historically negative stereotypes of the South and prison labor. Think Paul Newman in Cool Hand Luke. Those inmates lucky enough to be chosen as “trusties” to work at the Governor’s mansion have an unfair opportunity to garner favor in an effort to strengthen their chances for a pardon. Barbour considered his pardons for the trusties to be appropriate based on “tradition.”
Mr. Barbour’s clemency decisions have also been challenged by the State Attorney General on the grounds that the state-required public notice provision was not followed. In response, a state judge has temporarily blocked the release of 21 prisoners.
Presidential pardons avoid some of the problems raised by the former Mississippi Governor’s acts. The first pardons granted by President George Washington were to Pennsylvania farmers involved in the Whiskey Rebellion in 1794. Alexander Hamilton discussed pardons in The Federalist Papers as a tool to quell rebellion.
At the federal level, there is input from many as opposed to just one. Petitions for pardon are addressed to the President of the United States but submitted to the Pardon Attorney. 28 C.F.R. § 1.1 The Pardon Attorney reviews and investigates the petition, and prepares a DOJ recommendation. In addition to the President and the Pardon Attorney, the United States Attorney is often involved in the analysis of a petition for pardon. For instance, the U.S. Attorney may provide insight into the petitioner, including his/her wrongdoing, involvement in other criminal activity, reputation in the community, as well as information concerning the victim. United States Attorneys’ Manual, § 1.2111.
Mississipi should take a look at the federal pardon standards and consider reform over tradition.