Rep. John Conyers Jr. Holds a Hearing On Presidential Clemency Power

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Rep. John Conyers Jr. Holds a Hearing On Presidential Clemency Power

HOUSE JUDICIARY COMMITTEE HOLDS A HEARING ON PRESIDENTIAL CLEMENCY POWER

JULY 11, 2007

SPEAKERS: REP. JOHN CONYERS JR., D-MICH. CHAIRMAN REP. HOWARD L. BERMAN, D-CALIF. REP. RICK BOUCHER, D-VA. REP. JERROLD NADLER, D-N.Y. REP. ROBERT C. SCOTT, D-VA. REP. MELVIN WATT, D-N.C. REP. ZOE LOFGREN, D-CALIF. REP. SHEILA JACKSON-LEE, D-TEXAS REP. MAXINE WATERS, D-CALIF. REP. MARTIN T. MEEHAN, D-MASS. REP. BILL DELAHUNT, D-MASS. REP. ROBERT WEXLER, D-FLA. REP. LINDA T. SANCHEZ, D-CALIF. REP. STEPHEN I. COHEN, D-TENN. REP. HANK JOHNSON, D-GA. REP. LUIS V. GUTIERREZ, D-ILL. REP. BRAD SHERMAN, D-CALIF. REP. ANTHONY WEINER, D-N.Y. REP. ADAM B. SCHIFF, D-CALIF. REP. ARTUR DAVIS, D-ALA. REP. DEBBIE WASSERMAN-SCHULTZ, D-FLA. REP. KEITH ELLISON, D-MINN.

REP. LAMAR SMITH, R-TEXAS RANKING MEMBER REP. F. JAMES SENSENBRENNER JR., R-WIS. REP. HOWARD COBLE, R-N.C. REP. ELTON GALLEGLY, R-CALIF. REP. ROBERT W. GOODLATTE, R-VA. REP. STEVE CHABOT, R-OHIO REP. DAN LUNGREN, R-CALIF. REP. CHRIS CANNON, R-UTAH REP. RIC KELLER, R-FLA. REP. DARRELL ISSA, R-CALIF. REP. MIKE PENCE, R-IND. REP. J. RANDY FORBES, R-VA. REP. STEVE KING, R-IOWA REP. TOM FEENEY, R-FLA. REP. TRENT FRANKS, R-ARIZ. REP. LOUIE GOHMERT, R-TEXAS REP. JIM JORDAN, R-OHIO

WITNESSES: AMBASSADOR JOSEPH WILSON, HUSBAND OF FORMER CIA OPERATIVE VALERIE PLAME WILSON

ROGER ADAMS, PARDON ATTORNEY, DEPARTMENT OF JUSTICE

DOUGLAS BERMAN, PROFESSOR OF LAW, MORITZ COLLEGE OF LAW, OHIO STATE UNIVERSITY

TOM COCHRAN, ASSISTANT FEDERAL PUBLIC DEFENDER, MIDDLE DISTRICT OF NORTH CAROLINA

DAVID RIFKIN, FORMER JUSTICE DEPARTMENT OFFICIAL

[*] CONYERS: The committee will come to order. I welcome my colleagues, our witnesses and our guests here in the Judiciary hearing room. We're gathered here today on the subject of hearing on use and misuse of president commutation power. Without objection, the chair is authorized to declare a recess.

And I begin with the observation that there are few principles in our society more important than equal justice under law. The idea that no man or woman is above the law is firmly embedded in our nation's founding document and underlies the entirety of the criminal justice system. When clemency is granted outside the normal pardon system, and particularly when it's issued to members of the president's own administration, that fundamental concept is called into question.

I respect the president's authority under the Constitution to grant clemency. At the same time, I would hope that the White House would acknowledge our role as co-equal branch of government with not only the right, but the duty to conduct oversight.

Today, as part of our oversight responsibility, I hope we can obtain answers to several important questions surrounding the president's recent decision to commute the prison sentence of Mr. Libby.

Was the grant of clemency here consistent with other pardons and commutations by this president? Were the prosecutor, the pardon attorney or other relevant officials in the Department of Justice consulted before the commutation was issued? Was the process to consider the commutation fair, thorough and available to similarly situated individuals? Was the net result of the commutation consistent with the nation's sentencing guidelines?

Looking at his initial public statement, the president evidently believed that the 30-month prison sentence issued by Judge Walton was too harsh, but felt some punishment was appropriate -- in this case, a fine and probation. Is there any construction by which this ultimate sentence is consistent with sentencing guidelines? If not, do we need to reconsider the guidelines so that whatever factor the president identified can be taken into account in future sentencing decisions for others?

CONYERS: What impact will the president's decision have on Congress' ability to learn how Ms. Plame came to be outed from the CIA in 2003? Was her outing the inadvertent result of a slip of the tongue by a government bureaucrat? Or was it part of a larger conspiracy to besmirch Ms. Plame and her husband, Ambassador Wilson, who had written an op-ed criticizing the administration?

Does the fact that Mr. Libby has received a commuted sentence rather...

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