Tag: Obama

White House escort insults and humiliates people with a record

June 25, 2015
President Barack Obama
1600 Pennsylvania Avenue Northwest
Washington, DC 20500

Dear President Obama,

I write to you as a national leader, criminal justice reform advocate, and founder of JustLeadershipUSA, a bold new organization dedicated to cutting the US correctional population in half by 2030 on the guiding principle that those closest to the problem are closest to the solution.

Recently, I had the honor of participating in a strategic planning initiative that addressed both the intersection of, and possible remedies to, the issues of gun violence, policing, and mass incarceration in the United States.  On Wednesday, June 17, 2015, George Washington University Law School served as host to a select group of civil rights and religious leaders, scholars, elected officials, law enforcement officials and foundation officers brought together by The Joint Center for Political and Economic Studies and The Joyce Foundation.

Our day culminated with an invitation to join members of your domestic policy staff in the Eisenhower Executive Office Building for a discussion about their work on these issues. A day of thoughtful and inspired dialogue, however, quickly turned into one of needless humiliation and stigma for me. As each of my colleagues received green passes granting them immediate access, I received a pink ID bearing the label: “Needs Escort.” Its inspiration was quickly and unsurprisingly confirmed: anyone with a criminal conviction requires an escort at all times on the White House grounds. The staggering symbolism of the ordeal was not lost on me, Mr. President. In a country where 65 million people have a criminal record on file, being selectively barred from entering the White House for a discussion about those very same people was as insulting as it was indicative of the broader problem.

Along with millions of others, I have watched with tremendous pride and optimism as your administration has stated that our carceral policies are patently counterproductive. Further, those policies disproportionately target communities of color, running roughshod over our declared principles of justice, fairness, and proportionality in the process. I submit to you that the treatment I received as an invited White House guest, and by extension all others with prior convictions, further erodes the life of those principles. In your letters of commutation you have concluded, “Remember that you have the capacity to make good choices. By doing so, you will affect not only your own life, but those close to you. You will also influence, through your example, the possibility that others in your circumstances get their own second chance in the future.” This counsel is as applicable to our nation’s corridors of power as it is to our most travailed citizens. The work of the mature democracy is to organize itself in such a way that best enables that process without undue hardship.

Along my journey to national advocacy, I’ve disabused myself of several of our national delusions, the most poignant being the myth of the voiceless masses who require the spokesmanship of a noble and courageous few. I never met any of the alleged voiceless during my incarceration, only the deliberately silenced. In the corridors of our nation’s highest office, I found my voice and my person restricted in an agonizingly similar way to that which I encountered in prison. Rather than being debilitated, I walked away further emboldened and hopeful that when guided by a commitment to justice, power might listen.

There is strong evidence to believe that is the case. In your March interview with David Simon you stated rightfully: “Part of the challenge is going to be making sure, number one, that we humanize what so often on the local news is just a bunch of shadowy characters and tell their stories.” There is no expression capable of fully capturing how uplifting these remarks are for millions of our country’s men and women. In the spirit of that conviction, I humbly request a meeting with myself and a select group of other formerly incarcerated leaders at your earliest convenience.

Sincerely,

Glenn E. Martin
Founder and President
JustLeadershipUSA

 

 

Pardon Attorney says clock is ticking on Obama clemency initiative

h2_31.132.34The Justice Department is urging lawyers for federal prisoners to move quickly to file clemency petitions for their clients, lest the clock run out before the end of the President’s term.   U.S. Pardon Attorney Deborah Leff told volunteer lawyers in a video seminar last week that petitions not submitted until Obama’s final year may not be considered, at least by him.  As reported by Greg Korte of USA Today, Leff suggested that lawyers might be spending too much time briefing cases, and she encouraged them to file even if they have not been able to obtain all documents.

“While I greatly admire your legal skills, this is not the time to prepare a treatise of hundreds of pages,” she told the lawyers.

Read more

Should clemency substitute for the rule of law? “A Modest Proposal” says no

We cross-post a recent comment about the Obama clemency initiative from Professor Doug Berman’s Sentencing Law and Policy blog because it proposes to supplement the constitutional pardon power with a relief mechanism built into the legal system (there, a sentence reduction by the court rather than presidential commutation).  It reflects the institutional and practical concerns of Enlightenment philosopher Cesare Beccaria, who proposed in 1764 that

Clemency is a virtue which belongs to the legislator, and not to the executor of the laws; a virtue which ought to shine in the code, and not in private judgment.

Beccaria’s view that clemency should “shine in the code” has a special resonance where collateral consequences are concerned since pardons have become so rare in recent years. Indeed, Judge John Gleeson might have invoked Beccaria when he expunged the conviction of a woman who was unable to find employment because of her criminal record.  We intend to keep arguing in this space for a statutory restoration remedy for the federal system, whatever form it may take.    Read more

Obama clemency process reportedly “more backlogged than it was before”

USA Today reports that unexpected administrative complications continue to delay the clemency initiative launched by the Obama administration last year.  More than a year after the Justice Department sought assistance from private organizations in identifying federal prisoners deserving of sentence commutation, that ancillary process has submitted only 31 cases for favorable presidential action.  In light of the fact that more than 1500 volunteer lawyers have been working since last fall on cases assigned by Clemency Project 2014, this modest number is surprising.

Lawyers involved in the effort say the year-old clemency initiative has been hampered by the complexity of the cases and questions about the eligibility criteria, which may still be too strict to help most of the prison population.

The result is a system that appears even more backlogged than it was before the initiative began.

27 Senators urge Obama to “ban the box” in federal hiring

A group of 27 U.S. Senators have written to President Obama urging him to implement “fair chance” hiring in federal government employment.   The Senators — all Democrats, led by Sherrod Brown (D-OH) and Cory Booker (D-NJ) — asked the President to issue an executive order directing federal agencies and contractors to postpone inquiry into criminal records until a later point in the hiring process.  The so-called ban-the-box movement in the states has been gaining steam and has been largely bipartisan, with executive orders issued most recently in Georgia and Vermont.  Some of the largest employers in the country, including Walmart, Target, Home Depot and Koch Industries have also stopped asking about prior convictions at the beginning of the job application process.

The press release and letter are here.  A January 2015 report from the National Employment Law Project suggests that the details of a presidential executive order may be difficult to work out, given the decentralized nature of federal hiring and the applicability of formal background check requirements to a substantial number of federally-funded jobs.