The Executive Power

As President Biden's administration winds down he has been exercising his executive pardon power. I am always interested in how this extraordinary power is exercised as well as how it often isn't exercised. In addition to the support and the criticism those wielding this power often receive.

Our Presidents have executive authority to pardon or commute the sentences of federal inmates and or those who have committed federal offenses. It surprises some to learn the President of the United States has absolutely no power or authority over state inmates.

Only the governor of a state has the authority to pardon or commute the sentences of a state inmate.

Here in Virginia, many of us will look to Governor Youngkin for a pardon or a commuted sentence before he leaves office in 2026. I must admit you could fry an egg on my big bald head every Thanksgiving when the President and the Governor use their executive authority to ceremonially "pardon" a turkey. After almost 26 years of incarceration, I can't help but covet those turkeys' pardons and don't mind admitting I think, "WHAT a waste!"

I find myself cringing a little at the criticism Biden is receiving for some of his pardons. Ok, I get it he lied time and again when asked if he would pardon his son...but did anyone really think he WOULDN'T? What father...what parent would not pardon their child if they had the power to do so? Many of his other pardons and sentence commutations have come under scrutiny.

The Bible records the tradition of a criminal pardon every Passover. Barabbas was a "notorious prisoner" who had been imprisoned for insurrection and murder. Pilate offered to give the crowd either Jesus or Barabbas. The crowd demanded Barabbas be released and Jesus be crucified. I'm sure this speaks more to the hatred of Jesus than the love of Barabbas. The Bible doesn't mention Barabbas again after his release. I'd like to think the mercy and the forgiveness he received changed his life.

Today it seems the support or criticism of the use of the pardon power falls along party lines. Are Democrats more forgiving than Republicans? Are Republican's more law and order minded than Democrats? I don't think it's that simple.

I KNOW forgiven people tend to be forgiving people. The shared human experience is one of moral failure, mistakes and unfortunately sometimes criminal behavior. We are ALL flawed. We ALL have had to learn to be better human beings. I always say we don't have to teach babies to be bad...we have to teach them to be good. We are all on individual and collective journeys of rehabilitation, reform and redemption.

I think most would agree our criminal justice system is a relatively good system. We are a society of laws and consequences for breaking laws. Civilized society requires accountability in order function. However, our challenge as a society is finding the proper balance. Unfortunately, we see our perspectives swinging back and forth from one extreme to the other. Just as we strive to be better as human beings we should also a acknowledge our systems and our institutions can also be better. We change and our sentiments change. Right and wrong never changes. However how measure justice often does. As controversial as the pardon power can be it serves as an important discretionary check and balance.

Many of Biden's pardons and sentence commutations will be criticised. Unfortunately, that's the nature of divisive politics. "Heavy is the burden of he who wears the crown"

I hope to have a petition for clemency for Governor Youngkin to consider before he leaves office. Most people have told me Republican governor Youngkin will not be using his executive authority to pardon many if any people. I certainly understand this sentiment. It would appear the political climate in Virginia doesn't favor my request with this governor.

However, I believe I HAVE to ask...not because I'm related to him and because there is a liberal wind blowing through Virginia. I hope to ask Governor Youngkin to commute my sentence because it would serve justice to do so. We should have restorative justice in Virginia! We should have a governor who despite his/her political affiliation is willing to exercise their extraordinary power when rehabilitation and reform has been shown. I've spent decades trying to overcome the mistakes of my past. I'll be 57 years old in a few months. I hope and pray governor Youngkin can be counted on to review my case and give me the same mercy and grace he gave that turkey this past Thanksgiving.

I am not even asking for the pardon he gave the turkey. I'm not asking for absolution. I am asking for him to consider I've served 2 and half decades in prison. I'm asking Mr. Youngkin to commute my sentences to be served together rather than individually because I've shown I am a good man who has used this corrective experience to reform and rehabilitate myself. If Governor Youngkin would commute my sentences I will have served 26 years on a 10 year sentence. I will be eligible for release. I can't believe there would be an outpouring of dissent or criticism of him for using his executive authority to commute my sentences.

No more so than what he received when he let the other turkey go free.

I would certainly appreciate your support and your advocacy on my behalf.

Thanks and Happy New Year to all!