Obama’s Probable Course of Action: Pardons and Commutations
As President Obama prepares to leave office, the possibility of him pardoning or commuting sentences for controversial figures like Mumia Abu-Jamal and Kermit Gosnell has been floating on the radar. This article delves into why such a move would be highly unlikely, and explores other potential candidates for commutations.
Context and Legal Constraints
The President’s authority to issue pardons is strictly defined. According to the U.S. Constitution, the President alone can grant pardons for federal offenses. This places a significant limitation on Obama’s ability to intervene in cases like those of Mumia Abu-Jamal and Kermit Gosnell, who were tried and sentenced by state courts in Pennsylvania.
Mumia Abu-Jamal was convicted in a state court, which means his case falls under the jurisdiction of the Governor of Pennsylvania, not the President. Similarly, Kermit Gosnell was also convicted in a state court, and he no longer holds a medical license; thus, any commutation would need to come from the state governor, not the President.
Analysis of Probabilities
Several factors make the likelihood of Obama granting pardons for Abu-Jamal or Gosnell extremely low:
Lack of Historical Precedent: There is no indication that President Obama has shown interest in pardoning individuals convicted of political crimes. His track record does not suggest a pattern of such pardons. No Basis in Indicia of Radicalism: Both Abu-Jamal and Gosnell do not exhibit the characteristics of political radicals, a clear indicator that a pardon is not in the cards. Strategic Considerations: Given Hillary Clinton's strong aspirations for the presidency, Obama is unlikely to use his remaining power to make decisions that might hinder her chances. Pardoning controversial figures could be seen as partisan and potentially damaging.Other Potential Candidates for Commutations
Though highly unlikely for Abu-Jamal and Gosnell, other individuals convicted of federal crimes may still be considered for commutations. Some notable candidates could include:
Assata Shakur - A former Black Panther who was convicted of crimes in New Jersey in 1977. While her case is complex, she has garnered significant support among human rights activists and legal advocates. Jamel Shaw - A Marine veteran from Georgia who was awarded the Bronze Star and Purple Heart for his military service. Shaw faced numerous charges and prison sentences during the War on Drugs, including for possession of drugs for personal use in 2015. Julian Assange - The founder of WikiLeaks, currently facing extradition to the United States on charges of maintaining the website where classified documents were published. While acquitted in the UK, Assange is still at risk of being prosecuted.Conclusion
As President Obama steps down, it is highly improbable that he will issue pardons or commutations for figures like Mumia Abu-Jamal and Kermit Gosnell. The legal limitations, lack of historical precedent, and strategic considerations all point towards a continuation of the status quo. However, the possibility of other individuals receiving such relief remains an ongoing topic of discussion and debate.