Rep. Bob Goodlatte said he is "deeply concerned" about the size and scope of those commutations -- including the 214 approved Wednesday -- saying the president's actions are a "blatant usurpation" of Congress's authority....
...citing the Justice Department's own U.S. attorney manual, Goodlatte said commutation of a sentence is "an extraordinary remedy that is rarely granted."
"I am deeply concerned that President Obama has continued to use his pardon power for a total of 562 commutations during his presidency," Goodlatte said. "Additionally, the fact that the Justice Department's clemency initiative is focused solely on federal drug offenders continues this administration's plainly unconstitutional practice of picking and choosing which laws to enforce and which laws to change."
The congressman further said that the president's actions were "not, as the Founders intended, an exercise of the power to provide for 'exceptions in favour of unfortunate guilt.'" Instead, Goodlatte said, Obama is using his power to commute sentences "to benefit an entire class of offenders who were duly convicted in a court of law -- not to mention [his actions are] a blatant usurpation of the lawmaking authority of the legislative branch."
Just so. If Congress wants to change sentencing law, and make those changes retroactive, it's free to do so (and it has, in 2010). But that is a legislative prerogative.
When the President overreaches in this way, he undermines the trust of those, like Goodlatte, who agree with some of his sentencing reform goals but need to know that they would be implemented with restraint and sobriety (and not with DOJ's reckless and dishonest behavior in abetting early release for, say, Wendell Callahan under the 2010 statute).
Chairman Goodlatte will be a key in determining whether there is any federal sentencing reform at all. He is already at loggerheads with Democrats who, notwithstanding their attempts to appropriate the mantel of "compassion," want to continue to send people to jail who act without criminal intent (mens rea) and often have no idea they are doing anything wrong.
When we see this sort of overreach in the executive branch, effectively circumventing Congress to implement a form of rump sentencing reform on its own, Chairman Goodlatte's misgivings and distrust cannot but grow.
As they should.
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