Saturday, November 29, 2008

Bush Pardons Forte

Bush also commuted the prison sentences of John Edward Forte of North Brunswick, N.J., and James Russell Harris of Detroit, Mich. Both were convicted of cocaine offenses.

Forte, a well-known hip hop artist, worked with the Fugees, Wyclef Jean and Herbie Hancock.

Pardon orders never give a reason, but NBC News' Pete Williams reported that in Forte's case, it is likely the mandatory minimum sentences required in drug cases. Here's how fans of Forte's put it on a Web site dedicated to him:

"John Forte's life was forever changed in July of 2000. He agreed to transport a package, and in turn was arrested on a drug trafficking charge. He did not accept the plea bargain offered him, as he maintained that he was innocent of the charges against him.

"In 2001, John Forté stood trial in a Texas court and was convicted of this non-violent crime. It was his first offense. Due to the outdated mandatory minimum sentencing laws currently in place, he received the only prison term available for the judge to hand down — 14 years in a federal penitentiary. John is not eligible to be released until he is at least 38 years old."

Under the Constitution, the president’s power to issue pardons is absolute and cannot be overruled.Some high-profile individuals, such as Michael Milken, are seeking a pardon on securities fraud charges. Two politicians convicted of public corruption — former Rep. Randy “Duke” Cunningham, R-Calif., and four-term Democratic Louisiana Gov. Edwin W. Edwards — are asking Bush to shorten their prison terms.

One hot topic of discussion related to pardons is whether Bush might decide to issue pre-emptive pardons before he leaves office to government employees who authorized or engaged in harsh interrogations of suspected terrorists in the wake of the Sept. 11, 2001, attacks. Some constitutional scholars and human rights groups want the incoming administration of President-elect Barack Obama to investigate possible war crimes.

If Bush were to pardon anyone involved, it would provide protection against criminal charges, particularly for people who were following orders or trying to protect the nation with their actions. But it would also be highly controversial.

At the same time, Obama advisers say there is little — if any — chance that his administration would bring criminal charges.

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