Can Obama grant Troy Davis executive clemency and prevent his execution?

[Cali_Democrat]

It looks like an innocent man is about to be put to death despite the fact that no real evidence connects him to the crime. The entire world is watching. Numerous high profile individuals and organizations have come out against his execution, including Jimmy Carter, the EU and the Pope.

Obama has remained silent about this whole matter and the NAACP may ask Obama to grant executive clemency:

See here ---> http://www.upi.com/Top_News/US/2011/09/21/NAACP-may-ask-Obama-for-Davis-clemency/UPI-99621316592000?dailybrief

What are the odds Obama can grant him executive clemency or something like that? This whole thing stinks of racism and Obama should be fighting for people like Troy Davis. Regardless of the outcome, I think it's clear that a genuine push needs to be made to abolish the death penalty.

[elleng]

1. Don't think so; wrong 'executive.'

POTUS has no jurisdiction over such State matters.
:-(

[TheWraith]

36. You are correct. The POTUS can only grant pardons or clemency for FEDERAL crimes. nt

[CakeGrrl]

2. Was wondering when THIS would come along

Now, how long will it be until someone here is laying Troy Davis' execution at President Obama's feet for not doing enough?

:eyes:

[gateley]

4. Yep. Not long, I'm guessing.

[Cali_Democrat]

6. I don't think people are going to lay his execution at Obama's feet

That's ridiculous.

[Davis_X_Machina]

16. They already have. Half a dozen threads yesterday doing precisely that. n/t

[Cali_Democrat]

21. I never saw anything like that

Are you sure?

[msanthrope]

13. Within 10 posts, apparently, it's been decided that this is a federal crime

that Obama could stop, if he wanted to.

This conclusion is based on a British tabloid owned by a Russian gangster/oligarch who recently punched out an opponent. On television.

[Bobbie Jo]

49. You too, huh? nt

[sharp_stick]

3. I don't think so, AFAIK it wouldn't be legal

Davis isn't being killed for a Federal crime so any clemency has to come from the State level.

[Empowerer]

5. No, he can't

This is a state matter over which he has no jurisdiction and, therefore, no authority.

[gateley]

7. Look at this article from the Independent

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=439x1977536

Don't know what type of publication it is, but I do know we already have a rep for being barbaric in using (and relishing!) the death penalty.

Even though Obama can't reverse the decision, could he bring pressure to them? Although, if it's a racial decision (IF???? :eyes:), the Black guy who shouldn't be POTUS won't change their minds. :(

[Empowerer]

10. It would be a HUGE mistake for the President to get involved

Notice that those closest to the case who are fighting day and night to save Troy Davis' life and have been doing so for years have not once asked the President to get involved? There's a reason for that.

But I'm not surprised that at this very last minute, some keyboard quarterbacks are jumping up to demand that President Obama do something to stop the execution (a situation they likely knew little about and did even less about before a day or so ago) and will no doubt use this as further "proof" of his "ineffectiveness."

[gateley]

23. It's always dicey for a President to interfere in a Stat's business,

but I'm putting my pragmatic side away and have become emotional about this. It's just so blatantly WRONG and this is a man's life! So my suggestion that he put pressure on would be behind the scenes. Not very realistic, I know.

[Cali_Democrat]

11. Interesting article

BTW, the Independent is an excellent news source. It's one of the few good UK newspapers along with the Guardian. The rest of the newspapers in the UK are pretty much conservative rags.

[msanthrope]

14. The Indy is a British tabloid owned by a Russian mobster. nt

[truebrit71]

29. It moved from broadsheet to tabloid size for publishing purposes...

...but it's journalistic cred is massively better than any tabloid...

[Cali_Democrat]

30. That's what I thought as well. I've read many stories from them and they are excellent

Nice to have input from a Brit :hi:

[truebrit71]

32. The Independent, The Guardian and The Observer are the only papers fit..

..to read from the UK imho...the rest suffer from the rw taint of their ownership...

[Pirate Smile]

33. It reminds me of Wisconsin. Would it make Republicans more or less likely to do what we want?

The way Republicans are terrified of their crazy base who despise President Obama and the fact that this is a purely state based issue, inserting the President into this issue would probably be counter-productive. It would make it harder for the Governor to do the right thing instead of easier.

[gateley]

46. That was my argument in support of Obama not showing up

at the Wisconsin protests -- "Federal Government interfering in States' Rights!!!!!" --

This one, even though technically it's up to the State -- there is so much EVIDENCE that he should be pardoned, and an man is going to die who didn't get a fair trial. :cry:

[tblue]

8. It's not a federal crime.

I have no idea if he would do it if he could. If I was president, I would do everything in my power. And not just within the scope of my official authority. I would talk about it publicly and lean hard on the DA and the clemency board. I swear to God I would not stand by in silence.

[Ineeda]

9. According to Wikipedia,

"Presidents can also issue temporary suspension of prosecution or punishment in the form of respites. This power is most commonly used to delay federal sentences of execution."

I think murder of a law enforcement officer rises to the Federal Offense level.

If so, yes he can either order a respite or commute the sentence to life.
I hope he does

[msanthrope]

12. Civics fail. nt

[polmaven]

15. If it were a Federal law enforcement

office, yes...but this was NOT!

[treestar]

18. Put away that law degree

That is talking about federal criminal law, not state criminal law. Murder of a state police officer is a state offense like every other murder.

[hlthe2b]

19. It was not a "Federal Offense," but a crime under state laws...

As others have said less charitably, it really is true that a little primer on civics might be helpful... Federal offenses, including those murders that fall under Federal statutes are very narrowly defined.

[JohnnyRingo]

25. "I'm no legal expert"

With that disclaimer as a shield, I'd opine that while murder is indeed a federally enforced offense, capital punishment guidelines are drawn up within each state. If a state wanted to execute only those who kill for money, they can. The same for hate crimes. The standards vary from state to state from no capital punishment to execution for anyone convicted of murder.

I don't believe the White House has the right to do anything more than commute a sentence, and I thought the issue was whether or not he qualifies for the death penalty. (I haven't followed so closely that I entirely understand the recanted testimony)

[hlthe2b]

31. Some murders are Federal crimes-- i.e., Feds have jurisdiction...

Yes... clearly where state law applies for state crimes, including murder, state punishment guidelines apply, as long as there is no violation of US Constitutional rights.

I'm not quite sure I follow the point you were directing at me. But, yes, of course the WH has no recourse.

In the United States, the pardon power for federal crimes is granted to the President of the United States under Article II, Section 2 of the United States Constitution which states that the President "shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment." The Supreme Court of the United States has interpreted this language to include the power to grant pardons, conditional pardons, commutations of sentence, conditional commutations of sentence, remissions of fines and forfeitures, respites and amnesties.<13>

The pardon power of the President extends only to offenses cognizable under federal law. However, the governors of most of the 50 states have the power to grant pardons or reprieves for offenses under state criminal law. In other states, that power is committed to an appointed agency or board, or to a board and the governor in some hybrid arrangement (in some states the agency is merged with that of the parole board, as in the Oklahoma Pardon and Parole Board). On at least two occasions, state governors — George Ryan of Illinois and Toney Anaya of New Mexico — have commuted all death sentences in their respective states prior to leaving office.<19> http://en.wikipedia.org/wiki/Pardon

[JohnnyRingo]

34. Thanks for the edification

You've clearly researched the matter more than I have and I'm glad to benefit from your effort.

Having said that, I hope someone, like the Supreme Court, steps in and postpones the execution until the matter is settled. The state of Georgia seems all to anxious to carry this out.

[hlthe2b]

40. From what I can tell, that is the only option...

with the exception, perhaps of a very unorthodox and non-legal intervention (i.e., political intervention) by the Governor. By that I mean, that while the Governor has no authority to overrule the clemency board, clearly he could assert influence on them to change their minds--or even possibly to find "grounds" to replace a member or two for whatever reason. All current members were appointed by previous governor(s), but I heard a Georgia legal expert implying there was "wiggle room" in terms of appointment or causation for replacement. We've certainly seen this kind of hocus pocus political maneuvering on the part of RETHUG governors trying to push RETHUG issues, so theoretically, it might be doable here.

I heard an NPR Talk of the Nation piece with a former Florida prosecutor who has become among the Nation's leading experts on the mechanics of parole and clemency review--having been brought in to advise in Florida and other states. Amazingly, he was quite impressive in his stance that a case based solely on eye witness testimony should NEVER be used as justification for a death penalty. Further, when pressed as to what the solution might be, he was adamant: END the DEATH PENALTY. I wish I'd paid more attention and gotten his name. He was very compelling.

This whole situation is just dismal, frankly. sigh....

[alcibiades_mystery]

38. The vast majority of homicides in the United States are state-level crimes tried in state courts

"Murder" is only very rarely a federal crime in this country, because only the homicide of specific individuals under specific circumstances are considered federal-level homicides (FBI agents, other federal employees performing their duties, and the like).

Are you from this country? Can this really have escaped your notice well into adulthood?

[JohnnyRingo]

43. Pretty harsh, aren't you?

As a matter of fact, I'm typing this from a desert isle in the Pacific. The local professor here rigged up a wi-fi network from an old Accutron wrist watch just in time for me to read about this case. The only legal advice I get is from the skipper of the boat that got me here, and between him and Ginger I get limited input to stateside issues. When I get back to my home in West Virginia, the Howells promised to afford me with a chance to get my GED.

I'm sorry I ruined your fucking day with my inexcusable ignorance of federal law.
-Gilligan

[alcibiades_mystery]

44. You didn't ruin my day

With your ridiculous ignorance of basic governmental structure.

In fact, I found it rather amusing.

Cheers to Ginger.

[alcibiades_mystery]

37. It's amazing

You seem to be a functioning grown-up who can form sentences, yet you have absolutely no idea how our government works.

"I think murder of a law enforcement officer rises to the Federal Offense level."

:wow:

What do you think a "Federal Offense" is? You "think" it "rises to the level of?"

A federal offense, since you seem to have no idea what that means, refers to a violation of federal statute. In this case, that would mean that the defendant was charged with the murder of a federal law enforcement officer, and his case had been completely adjudicated in federal court. None of those things are true in this case. He was charged with the murder of a state law enforcement officer (really, a municipal agency officer), and his case has been completely adjudicated in state court (with the exception of his federal appeals).

Your ignorance of our system of government is fucking stunning beyond measure.

[Vattel]

47. Lol. Get over yourself.

[Ineeda]

53. So, mea fucking culpa.

Your rage indicates that you think my error rises to the level of a federal offense. Seems a rather disproportionate reaction, but it's okay. We all handle anger and grief in our own way. Me? I'm directing my anger toward a more appropriate target tonight. Peace.

[treestar]

17. More obsession with Obama

Everything is laid at Obama's feet, as if there were no separation of powers. The legal system is not that difficult to understand as to how it is set up.

[Pisces]

41. For some any opportunity to find fault, accuse or blame the President must be taken, regardless how

indirect or implausible it may seem.

[Tarheel_Dem]

20. Is your google broken?

:shrug:

[jenmito]

22. "The NAACP said it MAY appeal to U.S. President Barack Obama for executive clemency"?

Yeah, right. They're cutting it a little close, aren't they? And don't you think Cornell West would be all over the media screaming about how his "dear brother Barack" MUST grant clemency to Davis?

[Cali_Democrat]

24. Cornell West?

[jenmito]

26. Yes. He ALWAYS goes on and on about his disappointment in Obama. Wouldn't

West complain about Obama letting Davis die? And no comment on the first part of my post?

[great white snark]

27. Another set up to fail scenario hidden as a question, advice or concern.

The only question is who runs with it.

[BklnDem75]

42. That's how I read it too.

I was starting to think I was too cynical.

[jwirr]

28. If I am not mistaken booosh gave clemency to a drug dealer - that

is a federal crime?

[DemocratSinceBirth]

35. Sometimes-Of Course

That's why state can't legalize marijuana, even for medicinal use.

The reason there are no prosecutions in CA is because the feds choose not to and not because they can't.

[alcibiades_mystery]

39. Some drug violations are tried in federal court

Especially where these involve interstate transport and racketeering conspiracy, which are federal violations.

The guy selling crack on the corner will often be tried in state court, but may be tried in federal court under specific conditions (RICO statutes, depending on the prosecuting agency).

[LiberalFighter]

45. If the NAACP suggests this they would be incompetent and clueless.

Someone from the national NAACP needs to educate the numbnuts at the Georgia NAACP about the facts. And stop making statements that they haven't done the proper research.

[Vattel]

48. Even though Obama can't do anything

I agree that the abolishment of capital punishment is long overdue.

[Cali_Democrat]

50. ***UPDATE: USSC DENIES STAY. TROY DAVIS LIKELY TO BE EXECUTED AT ANY MOMENT***

[woolldog]

51. It's a state matter.

Nothing Obama can do.

[Cali_Democrat]

52. Yep

There's really nothing he can do in a case like this :(

[Dadler]

54. Obama's only option was...

...to delay the execution by ordering a federal investigation into the case, to determine if there were violations of civil rights. This is how the government sent troops to the south during the civil rights movement. That is what he could've done, but he chose not to. Believe me, the most powerful politician in the United States NEVER really has his hands tied. That's why, for example, he's currently got an assasination order out against an AMERICAN CITIZEN (Anwar Al-Alawki). Not an arrest warrant, an assasination approval order. For an American citizen. You really think that's constitutional? Really?