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Face the Facts: Discussing how clemency is granted in the US

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Earlier this week, a man convicted in the killing of an 8-year-old boy and his mother in Bridgeport in 1999 has been granted clemency by now former president Joe Biden.

Earlier this week, a man convicted in the killing of an 8-year-old boy and his mother in Bridgeport in 1999 has been granted clemency by now former president Joe Biden.

Senator Richard Blumenthal was our state attorney general at the time. He was one of many lawmakers shocked by this pardon.

He spoke with NBC Connecticut's Mike Hydeck about his take on the pardon.

Mike Hydeck: Senator, welcome back. Earlier this week, you talked about how you were attorney general back in 1999 when this case was tried. You said this case actually changed Connecticut laws. How?

Richard Blumenthal: This case changed Connecticut laws because the victims here, an 8-year-old boy and his mom, Karen Clarke, were potential witnesses in a very serious crime. They were murdered so that they could not testify in court, and as a result, Connecticut adopted a witness protection program named after BJ Brown and his mom, Karen Clarke. And I was shocked and appalled that clemency was accorded to the culprit in this case, who was convicted in state court of conspiracy to murder and then in federal court of federal drug crimes, and that's why I am pushing again for reforms to the pardon system, which led to clemency to Adrian Peeler, the convicted murderer here.

Mike Hydeck: How do we go about changing the pardon power of the president so this doesn't happen again? It's clear that he had served time for the state charge and he was still in prison on the federal drug charge, but it seems like, is there a pardon board that overlooks these or does President Biden just get handed one and then he signs it? It seems as if somebody read past the headline, we would have figured this out.

Richard Blumenthal: That's really the question of the moment, and a very important question. You know, the pardon power in our federal government is accorded absolutely without any checks and balances, to the president of the United States. It is a relic, in a sense, of the pardon power exercised by the monarchy in England, and the founders gave it to the president without any requirements for transparency or accountability. In the state of Connecticut, we have a Board of Pardons and Paroles, 10 people working full time with set criteria relating to the impact on the victim and the opinion of the prosecutors and the severity of the offense. There's no such board at the federal level, and so it is completely within the discretion of the president whether to accord clemency, commutation of sentences, reprieve for fines. And that's why I am proposing that we actually impose some guardrails on the president of the United States, requiring an explanation, at the very least, some explanation for why pardon has been accorded, and some notice to the prosecutors. For example, in the Peeler case, the Department of Justice had an opportunity for the victims, the Clarke family, to come forward and present their opinion, their views, on whether there ought to be clemency. So providing some guardrails at the federal level, as we do in Connecticut and other states do at the state level is really critical, and in the long run, I'm proposing a constitutional amendment that would curb or cut this absolute power of the president. It has to be a constitutional amendment because the pardon power is part of our federal Constitution. But I think the time has come for this absolute power on the part of the president of the United States to be eliminated.

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Mike Hydeck: Senator, is there any way to revisit the Peeler case now that Biden is out of office? Or is that pretty much a done deal because of the power of the pardon?

Richard Blumenthal: We probably should look into why there was this pardon for Adrian Peeler. But we also should keep in mind that President Trump granted pardons to some 1,500 convicted or accused rioters who assaulted police officers, many of them injuring severely those police officers, and in some cases actually killing, causing their deaths. So the pardon power used to grant clemency to those rioters who cause those kinds of injuries and death is also part of the picture here, and we should move forward to restrict and cut and curb the presidential powers. And at the same time, perhaps look at why the pardon for Peeler was granted. But the answer to your question is, there's probably nothing to do right now, actually, to reverse that decision, because it has already been made and there's no review, which again, points the need for reform here.

Mike Hydeck: Senator Blumenthal, we have to leave it there. We're looking forward to when that legislation is drafted. We'd like to have you back on when it is.

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