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Monday, December 31, 2007

Romney: "REPUTATION FOR GRANTING CLEMENCY"

As Gov. Huckabee Granted More Clemencies, Applications Poured In
"Just as I did as Governor, I pledge as President to have a clear set of written, published guidelines setting out under what conditions pardons and commutations will be considered. Victims and their families will have an opportunity to be heard. Justice is not served when pardons and commutations are granted in an arbitrary or capricious manner." – Gov. Mitt Romney (Gov. Mitt Romney, Statement, 12/31/07)

The More Clemencies Gov. Huckabee Granted, The More Applications Poured In:
Gov. Huckabee "Cut Prison Sentences Or Granted Pardons For More Than 1,000 Criminals." "Nothing was more controversial about Mr. Huckabee's governorship than his use of clemency to grant pardons and commute prison sentences. … In all, Mr. Huckabee cut prison sentences or granted pardons for more than 1,000 criminals, far more than either his immediate predecessors or governors in neighboring states. This did not happen by chance." (Adam Nossiter and David Barstow, "Charming and Aloof, Huckabee Changed State," The New York Times, 12/22/07)

"Huckabee Granted Clemency An Average Of About Once Every Four Days." "Huckabee granted 1,033 pardons and commutations in his 10 1/2 years as governor of Arkansas. The acts of clemency benefited the stepson of a staff member, murderers who worked at the governor's mansion, a rock star and inmates who received good words from their pastors. … During his years as governor, Huckabee granted clemency an average of about once every four days." (Andrew DeMillo, "Huckabee Pardons Under Scrutiny," The Associated Press, 12/10/07)
Gov. Huckabee Said That His Goal Was Not To Lock Up Criminals. Gov. Mike Huckabee: "It's not our goal to just lock people up. … It is our goal to unlock their hearts, minds and souls so while they're here they can learn the skills that most of us take for granted." (Traci Shurley, "Work Starts On Site For Parole Violators," Arkansas Democrat-Gazette, 8/9/03)

"As His Reputation For Granting Clemency Spread, Applications Surged." "But in a small though significant number of cases, he commuted prison sentences for murderers and other violent criminals over the pleas of victims' families, prosecutors and judges. And as his reputation for granting clemency spread, applications surged." (Adam Nossiter and David Barstow, "Charming and Aloof, Huckabee Changed State," The New York Times, 12/22/07)

Clemencies Rose Because The Next Governor Might Not Be As Lenient As Gov. Huckabee. "'We had tons of them,' said Cory Cox, who worked for several years as Mr. Huckabee's aide in charge of clemency matters. 'People, they'd call and say, "Please, let the governor look at this. We don't know who the next governor is going to be."'" (Adam Nossiter and David Barstow, "Charming and Aloof, Huckabee Changed State," The New York Times, 12/22/07)

"The Arkansas Democrat-Gazette Found That Nearly One In 10 Who Received Clemency From Governor Huckabee Were Later Sentenced To Prison." (Adam Nossiter and David Barstow, "Charming and Aloof, Huckabee Changed State," The New York Times, 12/22/07)

Gov. Huckabee Would Not Give Reasons Why He Granted Clemency:
Gov. Huckabee Would Not Detail Why He Granted A Clemency. "As for Mr. Huckabee's refusal to detail his reasons for granting clemency, Mr. Cox said that was intended to prevent other petitioners from mimicking successful arguments." (Adam Nossiter and David Barstow, "Charming and Aloof, Huckabee Changed State," The New York Times, 12/22/07)

So, There Has Been Much Speculation On The Reasons For Clemencies:
"Prosecutors say Huckabee was more inclined to release or reduce the sentences of prisoners if he had direct contact with them or was lobbied by those close to him." (Andrew DeMillo, "Huckabee Pardons Under Scrutiny," The Associated Press, 12/10/07)

"'It seems to be true at least anecdotally that if a minister is involved, (Huckabee) seems likely to grant clemency,' prosecutor Robert Herzfeld said in 2004 after successfully battling the then-governor over the release of a killer." (Andrew DeMillo, "Huckabee Pardons Under Scrutiny," The Associated Press, 12/10/07)

"Questions are being raised about then-Gov. Huckabee's 2004 decision to grant clemency to a repeat Driving While Intoxicated offender in Arkansas named Eugene Fields, despite the objections of a law enforcement official at the time. Documents obtained by NBC News reveal Fields' case was handled differently from any other DWI clemency or pardon granted by Huckabee, and some Republicans are now suggesting significant political contributions may have influenced the governor's decision." (Amna Nawaz, " DWI Clemency/Donations Spur Questions," NBC News' First Read, http://firstread.msnbc.msn.com, Posted 12/15/07)

Elaine Colclasure, co-leader of the Central Arkansas chapter of Parents of Murdered Children, a victims' advocacy group: "He doesn't want anyone questioning anything he does. And when you do, he bristles. His compassion is for the murderer and any criminal who says he has found Jesus." (Adam Nossiter and David Barstow, "Charming and Aloof, Huckabee Changed State," The New York Times, 12/22/07)

Gov. Romney Issued Detailed Clemency Guidelines, Declaring It Should Be Exercised Only Rarely:
Gov. Romney Declared That Clemency Should Only Be Granted "Under The Most Rare And Extraordinary Circumstances." "The Governor views the granting of executive clemency as an act of grace and not merely a remedy, which should be only awarded under the most rare and extraordinary circumstances. Because a grant of executive clemency has the effect of eradicating a lawfully obtained Massachusetts conviction or reducing a properly imposed sentence, the granting of executive clemency should not be viewed as a routine post-conviction remedy." (Office Of Governor Mitt Romney, "Executive Clemency Guidelines," 4/22/03)

"In Granting Executive Clemency, The Governor Neither Questions The Propriety Of A Court Proceeding Or Disposition, Nor Does He Substitute His Judgment For That Of The Courts." (Office Of Governor Mitt Romney, "Executive Clemency Guidelines," 4/22/03)

In His Four Years As Governor, Romney Denied All Requests For Pardon And Commutation. "During the four years Romney was in office, 100 requests for commutations and 172 requests for pardons were filed in the state. All were denied. 'Governor Romney's view is that it would take a compelling set of circumstances to set aside the punishment and guilt resulting from a criminal trial,' said Romney aide Eric Fehrnstrom… 'The power to pardon should only be used in extraordinary circumstances.'" ("Romney Touts Record Of Never Granting Pardons," The Associated Press, 6/12/07)

As President, Gov. Romney Would Also Lay Out Clear Guidelines On Clemencies. GOV. MITT ROMNEY: "One of the awesome powers granted by the Constitution to the executive is the power to pardon. I believe the power to pardon should be used in only the most narrow of circumstances, when the facts of a particular case are so compelling that the punishment and guilt should be set aside. In the recent past, pardon power has been used much more broadly. Bill Clinton abused this power to forgive criminal offenses that in my view were not deserving of clemency. Just as I did as Governor, I pledge as President to have a clear set of written, published guidelines setting out under what conditions pardons and commutations will be considered. Victims and their families will have an opportunity to be heard. Justice is not served when pardons and commutations are granted in an arbitrary or capricious manner." (Gov. Mitt Romney, Statement, 12/31/07)

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