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former9thward

(31,981 posts)
25. A pardon can't be applied for until five years after release.
Thu Dec 18, 2014, 04:31 PM
Dec 2014
Under the Department's rules governing petitions for executive clemency, an applicant must satisfy a minimum waiting period of five years before he becomes eligible to apply for a presidential pardon of his federal conviction. The waiting period begins to run on the date of the petitioner's release from confinement. Alternatively, if the conviction resulted in a sentence that did not include any form of confinement, the waiting period begins on the date of sentencing.

http://www.justice.gov/pardon/forms.htm

So let's stop with "he hasn't asked for a pardon" nonsense.

He can apply for a commutation of a sentence. However:

4. Completion of court challenges

A request for a commutation of a prison sentence generally is not accepted unless and until a person has begun serving that sentence. In addition, a commutation request generally is not accepted from a person who is currently challenging his or her conviction or sentence through appeal or other court proceeding. Accordingly, you should not complete and submit this petition until you have concluded all judicial challenges to your conviction and sentence and you have begun serving your sentence. You should also be aware that, in evaluating the merits of a commutation petition, clemency authorities take into consideration the amount of time the petitioner has already served and the availability of other remedies to secure the relief sought (such as parole or judicial action).

http://www.justice.gov/pardon/commutation_instructions.htm

Siegelman is still in appeals so he can't apply. There is nothing stopping Obama from granting either a pardon or commutation on his own. That is his Constitutional right which is not allowed to be impeded or questioned.

Every time there is a thread on this you come in to provide cover for Obama by saying there has been no application. Now other posters will see what you are doing.

Judge stated there were trial abuses evident. laserhaas Dec 2014 #1
This poor guy got railroaded big time. diabeticman Dec 2014 #2
Holy crap.... onecaliberal Dec 2014 #3
I cant get angrier than I am right now, Obama needs to pardon NOW NoJusticeNoPeace Dec 2014 #51
Cool moniker (of which I emphatically concur) laserhaas Dec 2014 #52
I'm a grown frigg'n 58 year old man - and I'm crying. laserhaas Dec 2014 #4
This is what can happen to any of us if we dare to go against the corrupt autoritarian corporate geretogo Dec 2014 #5
I know all too well "geretogo"...... laserhaas Dec 2014 #6
Wow, They are desparate to keep him under lock and key. blackspade Dec 2014 #7
He knows something that is probably the only thing keeping him in one piece laserhaas Dec 2014 #8
Why no POTUS pardon? Omaha Steve Dec 2014 #9
It would kick Rove and his gang - right in the f.... GUT laserhaas Dec 2014 #10
The prosecutors have worked for Eric Holder and Pres. Obama since 2009 madville Dec 2014 #16
+ 1000 red dog 1 Dec 2014 #59
Question is WHY? laserhaas Dec 2014 #63
That is absolute bull$hit. The federal prosecutor was appointed by Bush and is the primary problem okaawhatever Dec 2014 #69
He hasn't filled for a pardon. Although CT and ODS abound on this issue, the fact is that msanthrope Dec 2014 #18
Obama sent a White House attorney to interview Siegelman about a possible pardon okaawhatever Dec 2014 #68
Accepting a pardon is a de facto admission of guilt. NYC Liberal Dec 2014 #80
I'm distressed that Obama left him off of this year's pardon list bluestateguy Dec 2014 #11
Of course he's off the pardon list!!! He hasn't FILED for one! nt msanthrope Dec 2014 #20
WTH! he was shackled? KT2000 Dec 2014 #12
Yup. Judge left it up to the prosecutors, about the shackling. laserhaas Dec 2014 #13
The cesspool of corruption that defines southern politics is bottomless gregcrawford Dec 2014 #14
Corruption, the white/redneck ways - is a profession in Bam'ee laserhaas Dec 2014 #15
Oh, it has spread to the North. It's corruption from sea to shining sea. Enthusiast Dec 2014 #34
It sure is a sad state of affairs laserhaas Dec 2014 #54
How does the Obama-right-or-wrong gang explain this one? 99th_Monkey Dec 2014 #17
Um..he hasn't filed for a pardon, or a commutation. And if President Obama is gonna start msanthrope Dec 2014 #19
It's not like Obama has not been asked. 99th_Monkey Dec 2014 #23
Are you kidding me? The politically connected ex-Gov should be able to circumvent the pardon msanthrope Dec 2014 #24
A pardon can't be applied for until five years after release. former9thward Dec 2014 #25
The advocate is always a contrarian about anything Laser is for. laserhaas Dec 2014 #26
I don't agree with all your posts former9thward Dec 2014 #27
OOPs - whammy laser fell over backwards just now. laserhaas Dec 2014 #45
Happy Holidays to you. former9thward Dec 2014 #50
that,s kind of you laserhaas Dec 2014 #77
+10 good to know. Thanks. nt 99th_Monkey Dec 2014 #30
And he's completely wrong--as I demostrate in post 31, using his own links. nt msanthrope Dec 2014 #32
Laser....all any DUer on this board need do is run your username in the helpful box provided msanthrope Dec 2014 #33
Oh dear---your own link refutes you..... msanthrope Dec 2014 #31
Holder appears to disagree. deurbano Dec 2014 #36
Very helpful information. Thank you. 99th_Monkey Dec 2014 #40
As I've said before....the governor should and can fill out the paperwork. If and when he msanthrope Dec 2014 #48
Who did Cheney pardon? I thought he might wait until Bush was out for his Colonoscopy, when Cheney 24601 Dec 2014 #62
Or were you thinking of Bill Clinton and the Marc Rich Pardon? Here's link to information on Bill 24601 Dec 2014 #64
I know that you are a tool for bad faith interests laserhaas Dec 2014 #37
"the most exceptional circumstances" former9thward Dec 2014 #39
The Truth Need No Disguise (In re Hazel ATlas Glass v Hartford Empire U.S. Sup Ct. 1994) laserhaas Dec 2014 #42
I actually think Siegelman deserves review. And he's lucky enough, that unlike the vast majority of msanthrope Dec 2014 #46
Holder agrees president not bound by DOJ regs: “The president’s pardon power is close to absolute.” deurbano Dec 2014 #35
Correct - Just ask Nixon. laserhaas Dec 2014 #38
So you want President Obama to act like Gerry Ford? nt msanthrope Dec 2014 #49
Or Clinton, (Marc Rich) or George H. W. Bush (Cap Weinberger)... MADem Dec 2014 #75
And doesn't the party requesting pardon have to ADMIT GUILT?? I thought that was a piece of the MADem Dec 2014 #73
Yes, but the problem with Obama waiting until the end of his term former9thward Dec 2014 #74
The guy is pretty much screwed then--I don't think Obama will flout DOJ guidelines with 2 years left MADem Dec 2014 #76
That is a bunch of bull$hit. Obama sent a heavy hitter down to Alabama to interview Siegelman okaawhatever Dec 2014 #70
All this happened because Siegelman told the world that the 2002 election in Alabama was dirty Botany Dec 2014 #21
Bush's boys went after him on trumpt up charges project_bluebook Dec 2014 #22
Obscene.n/t Jefferson23 Dec 2014 #28
I wonder at what point many will accept Indydem Dec 2014 #29
Sniveling republicans loving this one. Kingofalldems Dec 2014 #41
Persecuted to the fullest extent of the law for the crime of being a successful DEMOCRAT. Octafish Dec 2014 #43
If Senator Warren runs for POTUS; it will get MUCH worse laserhaas Dec 2014 #44
Novel legal question (possibly) for the legal eagles among U.S. laserhaas Dec 2014 #47
Message auto-removed Name removed Dec 2014 #53
Uhm, you do know that Siegalman is a Democrat. mentalsolstice Dec 2014 #55
I'm going to jump in and say that the sentencing seems excessive. nilesobek Dec 2014 #56
He's guilty of being a powerful Dem in a GOP world of power (that's losing control) laserhaas Dec 2014 #57
What a nightmare of torture. nilesobek Dec 2014 #58
It's a politico world. One has to wonder what the Administration gets laserhaas Dec 2014 #60
Obama Justice Department Asked Judge To INCREASE Siegelman's Sentence red dog 1 Dec 2014 #61
Holder is a Oligarch brown noser. Though it is good rids, don't except better from the lifer. laserhaas Dec 2014 #65
Holder and Elena Kagen were just following orders from their boss, President Barack Obama red dog 1 Dec 2014 #66
He would be out already if he had served the original sentence madville Dec 2014 #67
Did CBS News even mention this latest development? sketchy Dec 2014 #71
I said this the last time he got out while appealing, and I'll say it again.... MADem Dec 2014 #72
will advise his legal team. thanks. laserhaas Dec 2014 #78
It's Christmas time and Governor Siegelman is in jail - STILL! laserhaas Dec 2014 #79
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