Also important here is the *way* he's doing these pardons (Arpaio, Libby, D'souza), which as far as I can tell, aren't going through the pardon attorney process.
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yes i would agree that intention matters very much here. just saying as a process, its not inherently bad.
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And that's my point. What process? The "let me open my twitter feed or turn on my tv and pardon the next name mentioned" process?
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So we actually wrote up a proposal on this a while back. Our theory was the burdensome, one-by-one pardon review process we currently have could be substituted with one that could systematic review cases, and flag for individual review as needed:https://www.brennancenter.org/publication/federal-agenda-reduce-mass-incarceration …
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This would have allowed President Obama to (e.g.) make the Fair Sentencing Act retroactive through blanket use of his commutation power. The USSC (who we talked to for this) has the data & search capability to make finding eligible people about as easy as a Westlaw query.
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Would be neither the slow, case-by-case process that Obama used, nor the "hey I saw that guy on TV" approach Trump uses, & would let DOJ quickly come up with people that fit criteria for clemency. We tried to get this done with a fair amount of backdoor lobbying, but no luck.
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interesting!!!
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Thank you Josie! And thanks for reading
@deray, we’re big fans of your work over here :). If either of you or anyone else wants to talk more on this, lmk!
End of conversation
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