What's behind the battle over Mississippi governor's pardons?

[AnCap Dave]

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The announcement that outgoing Gov. Haley Barbour approved full pardons for nearly 200 people, including 14 murderers, has sparked an angry reaction.

Among those pardoned, four convicted murderers and a convicted armed robber have already been released. A judge issued a temporary injunction forbidding the release of any more prisoners Barbour pardoned or gave clemency to before leaving office this week. A circuit court judge issued an injunction, saying it appeared that some pardons, including those for four murderers, did not meet the state's requirement that pardon requests be published 30 days before they are granted.

We've asked CNN Senior Legal Analyst Jeffrey Toobin to help explain what Barbour did, the criticism he's drawn, and what his actions could mean for those pardoned and for the public.

Q: What is an unconditional pardon? Does it mean that you are fully cleared? Would a background check still reveal your record?

Toobin: A pardon is essentially equivalent to never having been charged at all. You are fully cleared. You can vote and buy guns and do anything else a nonconvict can.

The background check issue is more complicated. It probably varies by state, and by how thorough the checks are.

Q: How often are unconditional pardons given?

Toobin: They are rare, but virtually all governors (and presidents) pardon some people. A group this large is very rare, and Barbour pardoned many more people than most governors. Pardons are often done at the end of a term, when the voters cannot retaliate.

President Clinton's pardon of Marc Rich, a fugitive financier, was very controversial. Likewise, Mike Huckabee's pardons of individuals who went on to commit terrible crimes were big issues. In most states, and the federal government, no reason need be given for a pardon.

Q: What is the concern the attorney general has about the pardons?

Toobin: The basic claim is that at least some of these people are still too dangerous to be released. Their crimes were too horrific to merit the extraordinary gift of a pardon.

In technical legal terms, the AG claims that Barbour violated the provision of the Mississippi Constitution that says an applicant for a pardon must publish his request in a local newspaper at least 30 days before the governor may grant a pardon. There will be a court hearing on January 23 to determine if those newspaper notices were published for all the pardoned convicts.

Q: Do I have the right to know if I am, for example, working with a convicted murderer?

Toobin: It's true that the crime victims are the most outraged, for understandable reasons.

Others are also concerned that there is a problem of cronyism here - that Barbour pardoned convicts who worked in his mansion, not those who were the most deserving.

If these pardons hold up, there will be no requirement that these former prisoners disclose to anyone that they were formerly in prison. Their neighbors and co-workers may never know, which of course is a cause for concern.

Q: Do you know of any case(s) where a governor has issued an unconditional pardon that was legally challenged and overturned?

Toobin:  There may have been some pardons in history that have been overturned, but I am unaware of any. It's one of the oldest powers of heads of state, going back to before the American Revolution. Historically, it has been an absolute unreviewable power. It cannot be overturned by the legislature or any court.

And yet people think the state is going to help them get rid of murderers.

[Goaticus]

What's hilarious is the fact that politicians are so ashamed of their pardons that they do them right before they leave office. If they had the courage of their convictions they'd do them when they got into office.

[MrBogosity]

Right, like immediately pardon all those convicted of nonviolent drug crimes, as Harry Browne pledged to do.

[evensgrey]

Right, like immediately pardon all those convicted of nonviolent drug crimes, as Harry Browne pledged to do.

IIRC, his list of classes of people to pardon immediately was pretty long.  In addition to all nonviolent drug offenses, he also had all non-violent income tax offenses up at the top of the list, and pretty much all non-violent 'crimes' for which specific victims cannot be identified.

Incidentally, as I recall, Texas has a very much restricted Gubernatorial clemency system, which requires the state Parole Board to approve all pardons before the Governor can issue them.  Of course, if the Governor decides to issue them just before leaving office, then there's been years to stack the Parole Board with people who will approve the ones he wants to make anyway, but still.  That's even with Texas having an extremely high rate of death sentences handed down (which far outstrip the rate at which people are actually executed, which is also very high).