Charles Duke Tanner, a former professional boxer and nonviolent drug offender, shares his compelling journey after his life sentence was commuted by President Trump. He discusses the intricate clemency process and highlights the long waits many applicants face. Tanner also reflects on the harsh realities of the war on drugs and its impact on African American communities. From his boxing triumphs to the emotional weight of incarceration, his story embodies the struggle for redemption and justice in the clemency landscape.
President Biden's significant pardons highlight the continuing political implications and misuse of presidential clemency, echoing historical abuses like Nixon's actions during Watergate.
The podcast illuminates the backlog of over 10,000 clemency petitions, underscoring systemic issues in processing requests for nonviolent offenders affected by harsh sentencing laws.
Deep dives
Presidential Clemency Powers and Recent Pardons
Joe Biden exercised his presidential pardon power significantly during his final weeks in office, specifically by granting clemency to his son, Hunter Biden, who faced gun charges and tax evasion. This sweeping pardon addressed all offenses Hunter may have committed over the past 11 years. Additionally, Biden commuted the sentences of 1,500 individuals in a historic move, alongside pardoning 39 others. This marked one of the largest single-day clemency grants in modern history, demonstrating the ongoing use of the pardon power in the U.S. and its implications.
Historical Context of Pardon Power
The podcast explores the historical use of presidential pardons, likening current events to past instances of power abuse, particularly during Nixon's presidency. Nixon’s use of the pardon during the Watergate scandal is highlighted, showcasing how he intended to use pardons to shield his aides from prosecution. Furthermore, Nixon's conversations revealed his desire to leverage pardons as a means to maintain power, suggesting a long-standing pattern of using clemency for political maneuvering. This historical perspective illuminates the critical implications of how the pardon power can be used in contemporary politics.
Impact of the War on Drugs on Sentencing
The podcast illustrates how the war on drugs, especially post-1980s, has led to disproportionate sentencing for nonviolent offenders, particularly affecting African American communities. Charles Duke Tanner's case serves as a poignant example; he received two life sentences for his involvement in a nonviolent drug offense, a consequence of stringent drug laws. The erosion of fair sentencing norms is attributed to the passage of severe anti-drug legislation, such as the Anti-Drug Abuse Act and the Crime Bill of 1994, which solidified mandatory minimum sentences. Expert commentary criticizes these laws for perpetuating mass incarceration and inequitable justice.
The Clemency System's Breaking Point
There are currently over 10,000 clemency petitions waiting to be processed in the system, reflecting a significant breakdown in the presidential clemency review process. Many petitions come from individuals like Charles Duke Tanner, who have shown rehabilitation and community support but still face denial or delay in their applications. The Clemency Project initiated during the Obama administration aimed to assist first-time nonviolent offenders, leading to thousands of petitions, yet many deserving cases were denied. Interviewees express frustration over the inefficiencies within the Pardon Attorney’s Office and the lack of appropriate resources, leaving many prisoners in limbo despite fulfilling clemency criteria.
President Joe Biden’s pardon of his son and President-elect Donald Trump’s pledge to set free people who stormed the Capitol on January 6, 2021, bring back memories of what’s considered the most controversial pardon ever: Gerald Ford’s pardon of Richard Nixon. Ford’s pardon of the former president in 1974 sparked outrage among politicians and the American people.
“I had a visceral feeling that the public animosity to Mr. Nixon was so great that there would be a lack of understanding, and the truth is that's the way it turned out,” Ford said in an interview broadcast for the first time on Reveal. “The public and many leaders, including dear friends, didn’t understand it at the time.”
This week on Reveal, we look at the politics of pardons and discover that beyond those that make headlines, there is a backlog of thousands of people who’ve waited years—even decades—for presidents to make a decision about their petitions for clemency.
This is an update of an episode that originally aired in July 2019.