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To the editor:
President Joe Biden has said America is a nation of second chances. On Dec. 12, he announced more than 1,500 pardons and commutations bringing his total acts of clemency to over 8,000 so far.
Moreover, only a small percentage of the more than 250,000 pardons and commutations issued in the United States by 44 of its 46 presidents were granted to restore domestic tranquility, which was the intended purpose of the founding fathers.
One of the benefactors of Biden’s most recent clemency is former Pennsylvania Judge Michael Conahan, who was convicted of his involvement in the notorious “Kids for Cash” scheme. Instead of giving the kids a second chance, 2,300 children, some as young as 8, were sent to private, for-profit detention centers in return for $2.8 million in bribes to Conahan and another former Judge Mark Ciavarella. Many of the children were first-time offenders.
Some victims of this carceral scheme have since died by overdose and suicide. Eddie Fonzo, a juvenile imprisoned by Conahan committed suicide at age 23. His mother, Sandy Fonzo, said of Biden, “He’s saying our pain and our lives don’t matter.” She further stated, “Conahan’s actions destroyed families.”
Commuting the former judge’s sentence does nothing to restore domestic tranquility. In contrast, pardons and commutations undermine the judicial system and can make America more tumultuous. In this case granting clemency to Conahan caused a recurrence of the years of trauma and pain suffered by both those the judge illegally incarcerated and their families.
The presidential pardon power is tantamount to the power of a king, consistently abused and sometimes used for personal gain.
Yet, those who have the power to repeal it won’t.
Marc Bullaro
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reenjoe
Marc, I rarely disagree with your letters or op-eds, but I do in this case. While you note that Biden commuted Conahan's sentence you lump it in with pardons. As you know, they are very different actions. Conahan will serve out the rest of his life, he is not a free, pardoned man.
Secondly, the pardon has two purposes (1) to correct a miscarriage of justice or (2) to show mercy, not to restore domestic tranquility. Washington added this justification when he pardoned participants of the Whiskey Rebellion for political purposes and presidents have followed this misguided practice ever since.
Biden should have commuted the sentence of all 40 men on federal death row, regardless of their crimes. If we, the American people, truly believe murder is wrong, the state shouldn't commit it. The death penalty serves no purpose other than to exact the biblical revenge of an eye for an eye. We are the only western democracy that still has a death penalty and numerous studies shown no link between capital punishment and murder rates.
Friday, December 27, 2024 Report this
NYC
Thank you for the feedback. I am always receptive to opposing views.
The main point I wanted to make is simply that president's should not have the power to pardon or commute a sentence. That is the power of a king and it has been consistently abused.
Also, I don't understand what you mean when you say "Conahan will serve out the rest of his life, he is not a free, pardoned man". True, the former Judge was not pardoned but he is a free man. His prison sentence was commuted. Further, you state that one purpose of a pardon is to correct a miscarriage of justice. The majority of the pardons that have been granted were issued before the person was even arrested. Where is the miscarriage of justice?
Friday, January 3 Report this
reenjoe
Marc, My apologies. I erroneously thought Conahan was one of the 37 men on death row who had their sentences commuted to life as your letter coincided with the public outrage being expressed by those who disagreed with the commutations. Which explains my last paragraph.
I researched his case and agree with you. Trump should not have released him to house arrest in 2020 under the CARES Act nor should Biden have included him in the blanket pardon of those released under CARES.
I agree that our founders made many mistakes in crafting the Constitution and broadness of the pardon is but one of those mistakes. Clear limits on this authority (to unfair convictions or unusually harsh punishment), which many Governors also share, would make it more palatable.
Thursday, January 9 Report this
NYC
I enjoy reading your letters Joe.
5 days ago Report this