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In reply to the discussion: Man shoots 2 men because he thought they were immigrants [View all]xocetaceans
(4,260 posts)46. The sentence in the OP is only the federal sentence: he's already been sentenced in Virginia under Virginia law.
So, it is largely irrelevant if Trump [I agree but HWSNBN is too obscure and too long] were to pardon him: he will still be serving life in Virginia.
Q: Does the President have authority to grant clemency for a state conviction?
A: No. The Presidents clemency power is conferred by Article II, Section 2, Clause 1 of the Constitution of the United States, which provides: The President . . . shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment. The Presidents authority to grant clemency is limited to federal offenses and offenses prosecuted by the United States Attorney for the District of Columbia in the name of the United States in the D.C. Superior Court. An offense that violates a state law is not an offense against the United States. A person who wishes to seek a pardon or a commutation of sentence for a state offense should contact the authorities of the state in which the conviction occurred. Such state authorities are typically the governor or a state board of pardons and/or paroles, if the state government has created such a board.
[A note from further down the FAQ]:
In the federal system, commutation of sentence and pardon are different forms of executive clemency, which is a broad term that applies to the Presidents constitutional power to give leniency to persons who have committed federal crimes.
https://www.justice.gov/pardon/frequently-asked-questions
A: No. The Presidents clemency power is conferred by Article II, Section 2, Clause 1 of the Constitution of the United States, which provides: The President . . . shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment. The Presidents authority to grant clemency is limited to federal offenses and offenses prosecuted by the United States Attorney for the District of Columbia in the name of the United States in the D.C. Superior Court. An offense that violates a state law is not an offense against the United States. A person who wishes to seek a pardon or a commutation of sentence for a state offense should contact the authorities of the state in which the conviction occurred. Such state authorities are typically the governor or a state board of pardons and/or paroles, if the state government has created such a board.
[A note from further down the FAQ]:
In the federal system, commutation of sentence and pardon are different forms of executive clemency, which is a broad term that applies to the Presidents constitutional power to give leniency to persons who have committed federal crimes.
https://www.justice.gov/pardon/frequently-asked-questions
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He just might NOT "see the outside of prison again." Quite a few don't live long enough to make it to parole,
Texin
Jun 19
#38
Yes, he will, because he has already been sentenced to life terms. The OP is only about the federal trial.
xocetaceans
Jun 19
#32
"He also pointed to his client's severe alcoholism and said Cornett was blackout drunk when he shot the victims".
Texin
Jun 19
#40
Yes, that condition seemed to be highly improbable to be considered to be a mitigating circumstance, if even possible.
xocetaceans
Jun 19
#43
Are you saying there's no chance the piece of shit is going to pardon him?
Eliot Rosewater
Jun 19
#45
The sentence in the OP is only the federal sentence: he's already been sentenced in Virginia under Virginia law.
xocetaceans
Jun 19
#46
It's a plea deal, which is always more generous than the worst that could happen if it went to trial...
thesquanderer
Jun 19
#34
Here's an image of the untethered, 57-year-old man who just threw away his life
Aviation Pro
Jun 19
#14
This has been happening for decades, nut under Trump it will get 100 times worse. Latinos killed for looking like
Martin68
Jun 19
#15
Imagine being so weak minded that you are brainwashed into becoming a murderer.
littlemissmartypants
Jun 19
#19
Sure hope the guy has an expensive house and a fat bank account because those 2 guys will be the
Vinca
Jun 19
#22
This is my fear each time my wife and I go out and want to have a conversation so no one can understand us
AZLD4Candidate
Jun 19
#28
If either of these two poor victims die, give this motherfucker the death penalty...
Joinfortmill
Jun 19
#33
He won't be spending Thanksgiving Day with his family unless they come visit him in prison,
MarineCombatEngineer
Jun 20
#56