Correction
I have now proven that nobody reads links. Even the person who posts the link. Buried at the bottom of the clemency regulations I have linked to twice is this:
"ยง 1.11 Advisory nature of regulations.
The regulations contained in this part are advisory only and for the internal guidance of Department of Justice personnel. They create no enforceable rights in persons applying for executive clemency, nor do they restrict the authority granted to the President under Article II, Section 2 of the Constitution."
The strong implication is that a President could indeed ignore the regulations even though the Justice Department could not. This invalidates my point in an earlier post. I regret the error. (It does not invalidate my major points in the most recent post.)
Nevertheless it is still unclear to me why Jonathan Pollard continues to refuse to apply for either pardon or clemency.
"ยง 1.11 Advisory nature of regulations.
The regulations contained in this part are advisory only and for the internal guidance of Department of Justice personnel. They create no enforceable rights in persons applying for executive clemency, nor do they restrict the authority granted to the President under Article II, Section 2 of the Constitution."
The strong implication is that a President could indeed ignore the regulations even though the Justice Department could not. This invalidates my point in an earlier post. I regret the error. (It does not invalidate my major points in the most recent post.)
Nevertheless it is still unclear to me why Jonathan Pollard continues to refuse to apply for either pardon or clemency.
posted by Charlie Hall at 9:45 PM
4 Comments:
Ask our mutual relative/friend. He sticks the blame squarely on one person, who convinced Pollard not to ask as it would imply he had done something wrong. This person felt that Pollard had done nothing wrong whatsoever and therefore shouldn't ask for it.
Thank you for posting this correction. Your argument on this point has puzzled me for a while.
To imply that JP continues to "refuse" to submit a petition for clemency is misleading. He has a team of first-rate attorneys working furiously, as they have been for several years, to gather the facts they believe would provide the greatest support for the petition. But as frustrated as his current attorneys are at their inability to access documents and evidence necessary to craft a well-written and argued clemency petition, I suspect they will submit one before President Bush leaves office -- likely next year, which would be during the period when Presidents have historically considered the largest volumes of such requests.
Elsewhere in this thread (perhaps one of your responses to comments to yesterday's post?), you imply Pollard has also refused to ask for or request parole. That's nonsense. He's appeared before the parole board every single time he's been eligible, to no avail. SFAIK, there is no procedure to ask for parole outside of periodically scheduled hearings.
jonathanpollard.org states that he has not applied for parole.
jonathanpollard.org also complains that no person has ever received a life sentence for spying for an ally. While that is true, Julius and Ethel Rosenberg were executed for doing just that. And Ethel might well have been innocent.
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