Obama Surpasses the Awful Commutation Records of Three Republicans but Still Falls Far Short of Nixonian Mercy


NBC News

President Obama made appropriate use of his clemency powers this week, shortening the prison term of a drug offender who received a sentence that everyone agreed was too long but for which there was no other legal remedy. In 2006 Ceasar Huerta Cantu was sentenced to 17.5 years in federal prison after he pleaded guilty to conspiracy and money laundering charges related to shipping marijuana from Mexico to Virginia. That term was three-and-a-half years longer than it should have been under federal sentencing guidelines because of a mistake in Cantu's presentence report, which erroneously listed his "base offense level" as 36 instead of 34. Cantu's lawyer never noticed the mistake, which Cantu himself discovered in 2012 after his family mailed him a copy of the report. By then he had missed the deadline for asking the courts to shorten his sentence.

Cantu did receive a two-and-half-year sentence reduction in exchange for assistance in an unrelated case. Obama's commutation shortens the amended 180-month sentence to 138 months. As a result, Cantu will go free in May 2015, taking into account time credited for good behavior. "It's hard to imagine that someone in the federal criminal justice system could serve an extra three-plus years in prison because of a typographical error," said White House Counsel Kathryn Ruemmler in a speech at NYU Law School on Tuesday. Some of us believe that Cantu's sentence, for the "crime" of transporting the produce of an arbitrarily proscribed plant, was actually 15 years too long, but it is probably not realistic to expect the president to correct that sort of injustice.

Still, there is no reason why Obama should be so stingy with commutations, which he so far has issued at a slower rate than all but three other modern presidents: George W. Bush (11 commutations in 96 months), George H.W. Bush (three in 48 months), and Ronald Reagan (13 in 96 months). Obama has now issued 10 commutations in 64 months, which by that measure makes him about 26 percent more merciful than Bush II, 46 percent more merciful than Bush I, and 14 percent more merciful than Reagan. (Obama still lags all three on pardons, which clear people's records, typically after they have completed their sentences.) But surely a man who has repeatedly criticized excessively long prison sentences should aspire to do more than surpass these truly awful commutation records. Obama is still a long way from Nixonian levels of mercy, since Tricky Dick shortened 60 sentences in 67 years—a rate 83 percent higher than Obama's.

A few months ago, Deputy Attorney General James Cole indicated that Obama planned to pick up the pace, which was encouraging. Not so encouraging: Cole, whose department had at that point received about 9,000 commutation petitions since Obama took office, asked for help in finding worthy applicants, which suggested the government's lawyers are either lazy or extremely picky. Cantu's case seems to fit the latter theory. The New York Times reports that "a Justice Department official said the case was so clearly unjust, it moved through the process at unusual speed and was sent less than a month ago to the White House, where Ms. Ruemmler recommended that Mr. Obama approve it."

By the president's own account, there are thousands of other clear injustices that he has the power to remedy. He could start with all of the crack offenders sentenced under pre-2010 rules that almost everyone now agrees were unreasonably harsh. The Smarter Sentencing Act would make the shorter crack sentences enacted in 2010 retroactive. But if Congress fails to approve that bill, Obama still has the authority to act on his own, which would be consistent with the statements he and his underlings have made regarding our excessively punitive criminal justice system.

"The president believes that one important purpose [of clemency] can be to help correct the effects of outdated and overly harsh sentences that Congress and the American people have since recognized are no longer in the best interests of justice," Ruemmler said in her NYU speech. "This effort also reflects the reality that our overburdened federal prison population includes many low-level, nonviolent offenders without significant criminal histories." Probably more than 10. The president's pitiful performance so far falls far short of these aspirations. 

Addendum: Today is the official release date for six of the eight drug offenders whose sentences Obama commuted in December, including Stephanie George.

NEXT: Ron Paul: Criticism of RPI Publishing 9/11 Truther Stuff Is 'a little bit overkill with political correctness'

Editor's Note: We invite comments and request that they be civil and on-topic. We do not moderate or assume any responsibility for comments, which are owned by the readers who post them. Comments do not represent the views of or Reason Foundation. We reserve the right to delete any comment for any reason at any time. Report abuses.

  1. Jews ordered to register in east Ukraine

    Jews in the eastern Ukrainian city of Donetsk where pro-Russian militants have taken over government buildings were told they have to “register” with the Ukrainians who are trying to make the city become part of Russia, according to Israeli media.

    Whole thing hier.

    1. Is the U.S. State Department busy inventing excuses for war? I would think so. This one in particular seems pretty preposterous, clearly designed to elicit an emotional response from clueless pro-Israel Americans.

      Oh, no! Matt Welch is going to accuse me of being a… a… conspiracy monger! Oh, no!

  2. “It’s hard to imagine that someone in the federal criminal justice system could serve an extra three-plus years in prison because of a typographical error,”

    I find that very easy to imagine.

    1. Agreed, especially given that wrong door, no-knock raids resulting from typos on search warrants have given us numerous cases of innocent citizens being shot and in some cases killed.

  3. “overly harsh sentences that Congress and the American people have since recognized are no longer in the best interests of justice”

    Uh, what about overly harsh sentences which the *President* realizes are not in the best interests of justice?

    Why is it that he bypasses Congress when he isn’t authorized to do so but defers to Congress precisely when he has the power to act independently of Congress?

  4. since Tricky Dick shortened 60 sentences in 67 years

    Is that head-in-a-jar Nixon from Futurama?

    1. Obama still has the authority to act on his own

      Silly, He only has the authority to act on his own for things he doesn’t have authority to act on.

      1. -10pts for not reading upthread.

        -5pts for threading error.

    2. “Our planet has been through a lot this year, but we have not forgotten what is truly important…the great taste of Charleston Chew!”

  5. Nixonian Mercy: Letting you take a book on your vacation with the PAIN MONSTER

  6. Look, the asshole President’s record on this is abysmal, but you should at least give some credit when he actually does pardon someone who didn’t contribute to his campaign.

    Now, the day before he leaves office…that should be even more interesting than Clinton’s. He’d probably pardon Charles Manson if Charlie was able to send him a check for enough money.

    1. I’m confused as to which president the pronoun in your final sentence applies. Because Clinton would certainly have done so. Although why Billy Jeff would pardon his idiot brothers-in-law is beyond me.

    2. Well, his current AG is the guy who helped get Marc Rich pardoned through underhanded means.

      Holder will return to his bagman role in pardons if only Obama’s bundlers start getting arrested.

    3. I’m sure the Lois Lerner pardon will be at the top of the pile that day.

    4. How many Gitmo prisoners’ sentences has he commutated?

  7. Falls Far Short of Nixonian Mercy

    Barack Obama: Dumber than Carter; Dirtier than Nixon.

  8. Again, compare this example of “We can’t do anything, our hands are tied” to this morning’s Brickbat.

    In one case, nothing can be done. Clerical errors are written in stone and if we just used common sense to change them, doom would befall us all. In the other case, we screwed up and now that we realized that we did, we are willing to change things and send this guy to jail now.

    Surprisingly in each case, the outcome that was chosen was the one that was in favor of the state. I’m soooooooooo surprised.

Please to post comments

Comments are closed.