In a statement prepared for release when the commutations are announced,
Mr. Obama said that each of the eight men and women had been sentenced
under what is now recognized as an “unfair system,” including under a
100-to-1 sentencing disparity between crack and powder cocaine offenses
that was significantly reduced by the Fair Sentencing Act of 2011.
“If they had been sentenced under the current law, many of them would
have already served their time and paid their debt to society,” Mr.
Obama said. “Instead, because of a disparity in the law that is now
recognized as unjust, they remain in prison, separated from their
families and their communities, at a cost of millions of taxpayer
dollars each year.”
The recipients include several high-profile inmates who have received
news media attention as examples of the effects of earlier
tough-on-crime drug sentencing policies, in which the quantities of
crack involved sometimes resulted in severe punishments. Many of them
were young at the time of their offense and were not accused of
violence.
Clarence Aaron of Mobile, Ala., for example, was sentenced to three life
terms in prison for his role in a 1993 drug deal, when he was 22. Mr.
Aaron’s case has been taken up by congressional critics of draconian
sentencing and by civil rights groups, and has received significant media attention. Last year, the Justice Department’s inspector general issued a report criticizing the department’s pardon office for mishandling his clemency petition.
Margaret Love, a former Justice Department pardon lawyer who represents
Mr. Aaron, said she received a call informing her of the decision on
Thursday morning and called her client, who along with his family was
“very grateful.”
“He was absolutely overcome,” she said. “Actually, I was, too. He was in
tears. This has been a long haul for him, 20 years. He just was
speechless, and it’s very exciting.”
Mr. Obama, who has made less use of his constitutional clemency powers
to forgive offenses or reduce sentences than any other modern president,
is also expected to pardon 12 people who completed their sentences long
ago. Those cases involved mostly minor offenses that resulted in little
or no prison time, in line with previous pardons he has issued.
But the eight commutations opened a major new front in the
administration’s criminal justice policy intended to curb soaring
taxpayer spending on prisons and to help correct what the administration
has portrayed as unfairness in the justice system.
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