Most Worthy Pardon Petition

[RZehr]

From email from Pablo Yoder-

Petition seeks pardon for Lisa Miller:

President Trump is to be asked in a petition by LifeSiteNews to pardon Lisa Miller, the mother who fled to Nicaragua in 2009 to protect her daughter from contact with Lisa’s former same-gender partner. Lisa Miller and two court-appointed advocates had testified to the trauma that young Isabella experienced when spending court-ordered time with Lisa’s former partner, Janet Jenkins. Mennonite men Ken Miller and Timo Miller, as well as businessman Philip Zodhiates, have served time in federal prison for their role in aiding the escape. The petition seeks to clear the records of the men involved in the case and to allow Lisa Miller and her daughter, who is now an adult, freedom to return to the United States. The petition was launched January 5 and has reached 3,679 of the 4,000 signature goal.
LifeSiteNews

https://www.lifesitenews.com/news/new-l ... r-daughter

[mike]

I signed that when I saw it a couple of days ago, but I doubt it will even close make the president's radar.

[temporal1]

Please God, let it be.

In my months away from news i did not know of this petition.
i rarely sign petitions. i signed. they seem to be continuing taking signatures.
now at 3971 signatures, the goal is 4000.

i prayed the child would grow up (to legal age) with her mother.
it’s good to know.

what an ordeal.

LSN is probably big enough to hit the required radar.
They did at least two pieces on this case.

This thread should be added to RZehr’s “Good things about President Trump” thread.
Maybe in 40 days ..

It could be added to the prayers thread, and one of the Ken Miller threads.

[barnhart]

I'm a little ignorant about how these things work, who is asking for the pardon. Does asking for a pardon admit guilt, did anyone plead guilty?

[Ken]

I'm a little ignorant about how these things work, who is asking for the pardon. Does asking for a pardon admit guilt, did anyone plead guilty?

In the real world and not the alternate reality presidency in which we are currently living, there is a DOJ Pardon's office with a staff of 10 or so attorneys who review the thousands and thousands of pardon and commutation requests that come in. They investigate them for relative merit and forward the most worthy ones on to the president for consideration. This is their web site where you can submit requests: https://www.justice.gov/pardon In normal times, a successful pardon request is going to be full of affidavits and testimony from lots of prominent people endorsing the request and giving it weight. It needs to stand out from the tens of thousands of other ones.

In the world in which we are living, Trump is completely ignoring the actual pardon office and review process and just issuing out pardons to whoever he wants, based on whoever might have his ear. So whatever slim chances something like this might be heard and forwarded to the president in normal times are vanishingly smaller today when pardons are only going out to the president's cronies and on behalf of folks who have the ear of his top and most trusted staff like Ivanka, Jared, and Rudy. At the moment I suspect he is rather preoccupied with his own survival and not busy reading folders of pardon requests sent over to him from the DOJ.

As for your question about definitions: https://www.americanprogress.org/issues ... emency-101

Clemency is a mechanism for granting a person convicted of a criminal offense relief from a court-ordered sentence or punitive measure. There are two main methods through which clemency can be given—pardon or commutation of sentence. A pardon exempts a convicted individual from any remaining punishment or future consequences stemming from a conviction. Commutations reduce an individual’s sentence, either fully or partially. Clemency is usually requested through a petition or an application process and can be granted for any number of reasons.

Typically you don't offer clemency via pardon unless a conviction has already occurred. But the president's power is absolute and he can and has issued pardons to people who have not yet been convicted. The Nixon Pardon issued by Ford is an example of this. But it is unusual. Generally they would look for things like remorse and whether the person has been a exemplary prisoner and such. Similar to criteria for parole. So someone who has fled prosecution is unlikely to be a compelling candidate for a pardon compared to current prisoners who might have been unjustly convicted and are serving their sentences honorably. In other words, clemency is considered a last and final resort to overturn miscarriages of justice, rather than a process to pre-empt the process of justice from happening in the first case. There are other avenues for that. Like, for example, Lisa Miller could negotiate with the courts and prosecutors for a return to the states under some sort of plea deal so her daughter can return. I'm not aware they have even tried that.

[Ken]

FYI.... There really isn't any actual "pardon petition" process. This feels more like a publicity or fundraising stunt by this web site "LifeSiteNews" which is actually a Canadian right to life web site. Maybe they are harvesting emails for future fundraising or to drive traffic to their site? I have no idea.

But I would point out that Lisa Miller does not meet the DOJ regulatory criteria for consideration of a pardon. They require a minimum waiting time of 5 years after conviction before they will consider and forward a pardon request. They want to see remorse and atonement and that someone has turned their life around. Here are the actual criteria for pardon eligibility and instructions for filing a request. It doesn't involve a web site petition.

https://www.justice.gov/pardon/pardon-i ... structions

So there is zero chance that the DOJ pardon office would forward a Lisa Miller pardon request to the president. These are the normal legal criteria for a pardon, which normal presidents (but apparently not Trump) follow https://www.justice.gov/pardon/about-office-0

Post-conviction conduct, character, and reputation. An individual's demonstrated ability to lead a responsible and productive life for a significant period after conviction or release from confinement is strong evidence of rehabilitation and worthiness for pardon. The background investigation customarily conducted by the FBI in pardon cases focuses on the petitioner's financial and employment stability, responsibility toward family, reputation in the community, participation in community service, charitable or other meritorious activities and, if applicable, military record. The investigation also serves to verify the petitioner’s responses in the pardon application. In assessing post-conviction accomplishments, each petitioner's life circumstances are considered in their totality: it may not be appropriate or realistic to expect "extraordinary" post-conviction achievements from individuals who are less fortunately situated in terms of cultural, educational, or economic background.

Seriousness and relative recentness of the offense. When an offense is very serious, (e.g., a violent crime, major drug trafficking, breach of public trust, or white collar fraud involving substantial sums of money), a suitable length of time should have elapsed in order to avoid denigrating the seriousness of the offense or undermining the deterrent effect of the conviction. In the case of a prominent individual or notorious crime, the likely effect of a pardon on law enforcement interests or upon the general public should be taken into account. Victim impact may also be a relevant consideration. When an offense is very old and relatively minor, the equities may weigh more heavily in favor of forgiveness, provided the petitioner is otherwise a suitable candidate for pardon.

Acceptance of responsibility, remorse, and atonement. The extent to which a petitioner has accepted responsibility for his or her criminal conduct and made restitution to its victims are important considerations. A petitioner should be genuinely desirous of forgiveness rather than vindication. While the absence of expressions of remorse should not preclude favorable consideration, a petitioner's attempt to minimize or rationalize culpability does not advance the case for pardon. In this regard, statements made in mitigation (e.g., "everybody was doing it," or I didn't realize it was illegal") should be judged in context. Persons seeking a pardon on grounds of innocence or miscarriage of justice bear a formidable burden of persuasion.

Need for Relief. The purpose for which pardon is sought may influence disposition of the petition. A felony conviction may result in a wide variety of legal disabilities under state or federal law, some of which can provide persuasive grounds for recommending a pardon. For example, a specific employment-related need for pardon, such as removal of a bar to licensure or bonding, may make an otherwise marginal case sufficiently compelling to warrant a grant in aid of the individual's continuing rehabilitation. On the other hand, the absence of a specific need should not be held against an otherwise deserving applicant, who may understandably be motivated solely by a strong personal desire for a sign of forgiveness.

Official recommendations and reports. The comments and recommendations of concerned and knowledgeable officials, particularly the United States Attorney or Assistant Attorney General whose office prosecuted the case and the sentencing judge, are carefully considered. The likely impact of favorable action in the district or nationally, particularly on current law enforcement priorities, will always be relevant to the President's decision. Apart from their significance to the individuals who seek them, pardons can play an important part in defining and furthering the rehabilitative goals of the criminal justice system.

[RZehr]

This feels more like a publicity or fundraising stunt by this web site "LifeSiteNews" which is actually a Canadian right to life web site. Maybe they are harvesting emails for future fundraising or to drive traffic to their site? I have no idea.

It did strike me as a fundraising and email compilation attempt as well. I carefully ticked the boxes in an attempt to minimize my email being spread and used. Nonetheless, I support a pardon being issued to right this outrageous wrong.

But I would point out that Lisa Miller does not meet the DOJ regulatory criteria for consideration of a pardon.

So there is zero chance that the DOJ pardon office would forward a Lisa Miller pardon request to the president.

Do I think Trump will see this petition, much less issue a pardon. No. No, I don’t.
But hey, as you pointed out Trump doesn’t likely care about DOJ recommendations or procedures. And miracles happen.

And let’s try not to get the tread locked because of politics.

[Ken]

This feels more like a publicity or fundraising stunt by this web site "LifeSiteNews" which is actually a Canadian right to life web site. Maybe they are harvesting emails for future fundraising or to drive traffic to their site? I have no idea.

It did strike me as a fundraising and email compilation attempt as well. I carefully ticked the boxes in an attempt to minimize my email being spread and used. Nonetheless, I support a pardon being issued to right this outrageous wrong.

But I would point out that Lisa Miller does not meet the DOJ regulatory criteria for consideration of a pardon.

So there is zero chance that the DOJ pardon office would forward a Lisa Miller pardon request to the president.

Do I think Trump will see this petition, much less issue a pardon. No. No, I don’t.
But hey, as you pointed out Trump doesn’t likely care about DOJ recommendations or procedures. And miracles happen.

And let’s try not to get the tread locked because of politics.

I wasn't trying to make it political. Just answer barnhart's questions and inform people of what the process normally would be and what is is now. None of Trump's recent pardons met the normal criteria for pardons and didn't go through the normal DOJ pardon office. So we are off the map here. But still, online petitions are not part of the process.

[ken_sylvania]

This feels more like a publicity or fundraising stunt by this web site "LifeSiteNews" which is actually a Canadian right to life web site. Maybe they are harvesting emails for future fundraising or to drive traffic to their site? I have no idea.

It did strike me as a fundraising and email compilation attempt as well. I carefully ticked the boxes in an attempt to minimize my email being spread and used. Nonetheless, I support a pardon being issued to right this outrageous wrong.

But I would point out that Lisa Miller does not meet the DOJ regulatory criteria for consideration of a pardon.

So there is zero chance that the DOJ pardon office would forward a Lisa Miller pardon request to the president.

Do I think Trump will see this petition, much less issue a pardon. No. No, I don’t.
But hey, as you pointed out Trump doesn’t likely care about DOJ recommendations or procedures. And miracles happen.

And let’s try not to get the tread locked because of politics.

I wasn't trying to make it political. Just answer barnhart's questions and inform people of what the process normally would be and what is is now. None of Trump's recent pardons met the normal criteria for pardons and didn't go through the normal DOJ pardon office. So we are off the map here. But still, online petitions are not part of the process.

Quite frankly, if that's really all you were trying to do, you could have accomplished it with serving up the side of contempt for the president that you added. Would you care to also enlighten us on what the Constitution of the United States says about the DOJ pardon office's role in the pardon process?

[Ken]

Quite frankly, if that's really all you were trying to do, you could have accomplished it with serving up the side of contempt for the president that you added. Would you care to also enlighten us on what the Constitution of the United States says about the DOJ pardon office's role in the pardon process?

Fine, YOU feel free to explain the pardon application process as it exists in the Trump Administration since I apparently got it wrong.