Sgt Al's Blog: DEAR SGT. AL: BEGGING FOR A PRESIDENTIAL PARDON!

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DEAR SERGEANT AL: A relative of mine served time in prison for mail fraud several years ago and I believe he got a bum rap. There are extraordinary circumstances that lead to his conviction that weren’t considered not even in his sentencing. He served about three years in prison about 17 years ago, and although he has had the disadvantage of a criminal record he has had an exemplary life. Is there any way that we can get this record sealed or expunged? Thanks ahead for your help.

Sincerely,

/s/

ROSE GARDEN

I BEG YOUR PARDON ROSE GARDEN: I'll see what I can do but I can’t make any promises. This question is on the fringe of going out of my billet but I’ll try to answer the best I can. My suggestion is to contact a federal criminal defense attorney since the charges involved were a federal offense. Based on my limited knowledge of the law it seems that your relative’s case is just itching for a presidential pardon. Article II section two of the US Constitution grants the President of the United States absolute authority to grant pardons for all federal crimes except those involving impeachment. This power includes clemency, reduction in sentences, commutations, reprieve, and for things like restitution. The president’s power is unchecked and absolute in these matters, almost like a king, so while there is a vetting process, his/her decision is final. He/she can also revoke clemency as President George W. Bush did toward the end of his term when he discovered after granting someone clemency that the circumstances came about under less than honest pretenses. The chances of getting a pardon are remote, but I always believe that nothing ventured, nothing gained. The worse the president can say is no. If he/she does say denied, just start the application process all over again.

With this in mind however, from my research I find that although it is often done inappropriately or improperly, it is out of protocol if not improper to ask the president for clemency directly, either in writing or by getting his/her attention in person when an opportunity presents itself. Let’s leave politics out of this for a moment. This used to understandably irritate then President George W. Bush as he would cut off the requesting person and refer them to a person called the U.S. Pardon Attorney. I am sure as a result of controversial clemency decisions that neither Presidents Bush nor Obama would ever want to convey the appearance of impropriety in the process. The US Pardon Attorney is appointed by the US Attorney General and is responsible for vetting applications for federal executive clemency. Over recent years I understand that the pardon process has been reformed to make the process as fair as possible, especially since the allegations of corruption that resulted at the very end of the Clinton Administration. It now takes about five years to get a clemency decision, and in that, it is less of a political process. If you apply now there is a very good chance that whoever is elected the 45^th President of the United States, whether it be this year or in 2016, Democrat or Republican, he or yes possibly she will decide whether your relative gets clemency or not. You must submit a letter with the application to explain any reason why the five-year wait period should be waived. If it is then President Obama has a good chance in deciding your relative’s case. Most likely regardless of whom the president is, his/her decision will be made on the advice of counsel.

While playing hookie to attend a town hall meeting to see the president, a grade school student got a presidential excusal note from President Obama right there and then pardoning him from school. I wish I had one of these puppies when I was in grade school!

Here is the website for the US Pardon attorney as all correspondence should be directed to the Honorable Ronald L. Rogers, and NOT to President Obama at the White House. The forms are also online here. I BEG YOUR PARDON again to state as I would to anyone filing an application for anything serious like this or like a firearms license for example, to contact a lawyer. Yes it will cost you money, but a federal criminal defense attorney can best assist you with such an application. They will know what things should accompany the application, what things the Pardon Attorney should know about your relative’s case and what NOT to include. Should the Justice Department or yes even the White House needs to contact your relative, having a lawyer representing him will show that you folks mean business and it’s a good measure always to have a legal representative speaking on your behalf when it comes to legal matters as this involving the highest levels of government, so don’t be cheap! If you hire a lawyer for an arraignment in some rinky-dink court, hire a lawyer to represent you in front of the President of the United States! I hope I planted good seeds here. Make sure I get invited to the Rose Garden when your relative gets his pardon! Good luck!