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Obama Issues First Pardons Of His Presidency

First Posted: 12/03/10 04:07 PM ET Updated: 05/25/11 07:15 PM ET

Obama

WASHINGTON -- President Obama, who had gone nearly 700 days without using his clemency power, finally issued nine pardons on Friday afternoon to a very minor rogue's gallery of small-time felons who long ago did their time, if they did any at all.

Far from sending a message about the excesses and errors of the judicial system, Obama picked minor and sometimes ancient offenses -- such as a 1963 conviction for "mutilation of coins" -- to forgive. He also chose not to commute any sentences at all.

P.S. Ruckman Jr., the editor of the Pardon Power blog and a political science professor in Illinois, told HuffPost he was struck by the minor nature of the crimes that Obama selected.

"Six out of the nine pardons are for people who didn't even go to prison," he said.

Some observers had hoped that, as a constitutional lawyer by training and the first African-American president, Obama might issue pardons and commutations that made a powerful statement about the justice system past and present.

But expectations diminished as the days and months went by, and Obama became the second-slowest president to issue a pardon at all. He was about two weeks away from surpassing even George W. Bush, who pardoned seven people just before Christmas of his second year.

"You can decrease the significance of the pardon power by not using it, that's one way to do it," Ruckman said. "The other way to decrease its significance is to basically use it on behalf of the people who need it the least."

George Lardner Jr., a former Washington Post reporter who is writing a book about presidential pardon power, was also not impressed. "Mr. Obama has apparently been sitting on these since last February when the Justice Department recommended them as easy calls," he told the Huffington Post. "What took him so long? Was he afraid of making a mistake? ... The President's inattention to the pardon power, if not his disdain for it, has been painfully demonstrated by these minor league (or should I say Bush-league) grants."

The nine people Obama pardoned, and their offenses, are as follows:

• James Bernard Banks - Liberty, Utah Offense: Illegal possession of government property; 18 U.S.C. § 641. Sentence: Oct. 31, 1972; District of Utah; two years of probation.

• Russell James Dixon - Clayton, Ga.
Offense: Felony liquor law violation; 26 U.S.C. § 5604(a)(1).
Sentence: June 23, 1960; Northern District of Georgia; two years of probation.

• Laurens Dorsey - Syracuse, N.Y.
Offense: Conspiracy to defraud the United States by making false statements to the U.S. Food and Drug Administration; 18 U.S.C. §§ 371, 1001.
Sentence: Aug. 31, 1998; District of New Jersey; five years of probation and $71,000 restitution.

• Ronald Lee Foster - Beaver Falls, Penn.
Offense: Mutilation of coins; 18 U.S.C. § 331.
Sentence: Oct. 4, 1963; Eastern District of North Carolina; one year of probation and $20 fine.

• Timothy James Gallagher - Navasota, Texas
Offense: Conspiracy to distribute and possess with intent to distribute cocaine; 21 U.S.C. § 846.
Sentence: Oct. 18, 1982; District of Arizona; three years of probation.

• Roxane Kay Hettinger - Powder Springs, Ga.
Offense: Conspiracy to distribute cocaine; 21 U.S.C. §§ 841(a)(1) and 846.
Sentence: March 31, 1986; Northern District of Iowa; 30 days in jail followed by three years of probation.

• Edgar Leopold Kranz Jr. - Minot, N.D.
Offense: Wrongful use of cocaine, adultery and writing three insufficient fund checks; Articles 112a and 134, Uniform Code of Military Justice.
Sentence: Sept. 14, 1994, as approved Nov. 4, 1994; General court-martial convened at Hickam Air Force Base, Hawaii; bad conduct discharge (suspended), 24 months of confinement and reduction to pay grade E-1.

• Floretta Leavy - Rockford, Ill.
Offense: Distribution of cocaine, conspiracy to distribute cocaine, possession of marijuana with intent to distribute, and possession of cocaine with intent to distribute; 21 U.S. C. §§ 841(a)(1), (a)(2) and 846, 18 U.S.C. § 2.
Sentence: Oct. 19, 1984; District of Kansas; one year and one day in prison and three years of special parole.

• Scoey Lathaniel Morris - Crosby, Texas
Offense: Passing counterfeit obligations or securities; 18 U.S.C. §§ 472 and 2.
Sentence: May 21, 1999; Western District of Texas; three years of probation and $1,200 restitution, jointly and severally.

White House spokesman Reid Cherlin told the Huffington Post: "The President was moved by the strength of the applicants' post-conviction efforts at atonement, as well as their superior citizenship and individual achievements in the years since their convictions."

People seeking pardons and commutations apply to the Department of Justice's Office of the Pardon Attorney. If they get a positive recommendation from that office, their petitions are sent over to the White House.

Obama in October formally denied 71 pardon requests and 605 commutation requests that had been sent over by the Justice Department for his consideration.

Cherlin told HuffPost that in late November, Obama denied another 552 commutation petitions and 60 pardon petitions.

So that makes Obama 9 for 140 on pardon requests, and 0 for 1,157 on commutation requests.

*************************

Dan Froomkin is senior Washington correspondent for the Huffington Post. You can send him an e-mail, bookmark his page; subscribe to his RSS feed, follow him on Twitter, friend him on Facebook, and/or become a fan and get e-mail alerts when he writes.

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WASHINGTON -- President Obama, who had gone nearly 700 days without using his clemency power, finally issued nine pardons on Friday afternoon to a very minor rogue's gallery of small-time felons who l...
WASHINGTON -- President Obama, who had gone nearly 700 days without using his clemency power, finally issued nine pardons on Friday afternoon to a very minor rogue's gallery of small-time felons who l...
 
 
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This user has chosen to opt out of the Badges program
03:50 PM on 12/06/2010
With the attacks on him from the media and independents and the like, the last thing he would do is give more ammunition by allowing himself to be tagged with a weak on crime label or even to wade into any controversial case.
 
These were safe and easy. Even then, drudgereport implied he pardoned cocain users because he himself admitted to using decades ago.
Yaa
Working mother of five, now happily retired
03:23 PM on 12/06/2010
These are the first few pardons.
There will be other more significant ones later (why muddy the waters now when the President and the Congress are currently trying to get something worthwhile done like passing DADT, resolving the income taxes situation, and extending unemployment benefits).
03:11 PM on 12/06/2010
he's pardoned 10,000 bankers who've brought the nation to its economic knees though
12:34 PM on 12/06/2010
Obama + Negotiations = FAIL
11:38 AM on 12/06/2010
He already pardoned Bush, Cheney & co., even before they were charged.
12:22 PM on 12/06/2010
Had he actually done that, at least he would not be committing obstruction of justice. But then he would have to take responsibility for it, rather than continuing the subversion of our constitution by ignoring their hitherto confessed crimes.
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HUFFPOST SUPER USER
SensiScholar
Talk radio host
01:04 PM on 12/06/2010
IMHO Obama already obstructed justice and is criminally complicit of High crims and war crimes by instructing the US AG, DOJ and American public to "move forward".
11:27 AM on 12/06/2010
Free Leonard Peltier.
10:44 AM on 12/06/2010
Poor President ... everything the man does turns into doo-doo. King Midas he isn't ....
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HUFFPOST SUPER USER
BxRonin16
09:59 AM on 12/06/2010
Yes! He freed Mumia I knew the brother... Oh he didn't
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larmar
The vile maxim of the masters of mankind
09:23 AM on 12/06/2010
...And the paid bloggers sponsored by Kock Brothers Incorporated slither out from under the rocks.
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HUFFPOST SUPER USER
Jerry Erickson
08:23 AM on 12/06/2010
Reflecting on this issue alone, yes, the President does seemingly disappoint.
08:22 AM on 12/06/2010
Um... didnt you JUST write an article on Thanksgiving talking about how Obama has more compassion for a turkey than for human beings because he hadnt pardoned anyone yet?
11:48 PM on 12/05/2010
I think the President should see the unemployment benefits as a natiional emergency and extend
them by Presidential decree. So people will at least have something until they can find a job and
take care of thier families. Because we all know that the gop are not going to work with him on
absolutelly nothing, and lets be honest here, we all know why, they can not take, taking orders
from a black President, and that is the truth. And it really terrible this day and age that we, in the U.S. People need to look inside themselves and see what they see. Think about that.
01:53 PM on 12/06/2010
"I think the President should see the unemployme­nt benefits as a natiional emergency and extend them by Presidenti­al decree."

Obama is not KING. Not yet anyway.

Only the House of Representatives can originate money bills. If it costs money, it must start in Congress.

"Think about that. "

Thinking is very nice, but no substitute for knowing.

"the gop are not going to work with him on absolutell­y nothing"

Which means they WILL work with him on SOMETHING. "not nothing" is "something."

This Pedantic Moment brought to you by... :-)
06:35 PM on 12/05/2010
As pointless as his whole administration
02:15 AM on 12/06/2010
I agree, why read anything about Obama, he disappoints every time.
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mjtaylor22
03:16 PM on 12/06/2010
yeah, and the gop is jsut clamorign with ideas on how to continue their destruction of the middle class.
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TKI
sage from a distant star world
03:10 PM on 12/05/2010
This qualifies certainly as the winner amongst the most ridiculous and nonsensical articles I have come across in quite a while.
12:21 PM on 12/05/2010
It seems obvious that his administration issued some inoffensive pardons in order to shut up the critics.