The private meetings of Biden’s pardon attorney

From: POLITICO West Wing Playbook - Friday May 06,2022 09:59 pm
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West Wing Playbook

By Laura Barrón-López, Allie Bice and Max Tani

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A number of clemency advocates privately met with President JOE BIDEN’s new pardon attorney last week, a rare occurrence that left them cautiously optimistic about forthcoming changes to a strained system.

“This is the most significant event that has occurred on this subject in a long time because this is somebody that's actually going to get things done,” WELDON ANGELOS, founder of the Weldon Project, said of the meeting with the pardon attorney, ELIZABETH OYER. “Typically the pardon attorney is hostile to people like myself, and applicants.”

But for all the hope of possible changes in how the government will handle clemencies and pardons, the likelihood that Biden grants any more this year to the (roughly) 2,700 non-violent cannabis offenders now in federal prison remains slim. Those who spoke to Oyer described it as an “open dialogue” that served as more than just a typical listening session.

Oyer “expressed concern about some of the things that concern all of us, which is that once the petitions go over to [Department of Justice], will prosecutors have the loudest voice?” said AMY POVAH, founder of CAN-DO, a group advocating for more aggressive clemency. “There’s goodwill toward wanting to be very fair and unbiased with the process.”

Last month, Biden issued the first clemencies of his presidency, granting 75 and three pardons. The recipients primarily consisted of already-vetted candidates under the CARES Act program, which has removed people with serious health conditions from prison during the pandemic. Nine of those 78 were people with marijuana convictions.

That action put Biden ahead of his predecessors when it comes to clemencies granted at this point in their presidencies. But Biden also faces a backlog of 18,000 petitions that built up throughout prior administrations. There is also concern about the pace at which the clemencies will be implemented.

A White House official said Biden has moved quickly but noted that last month’s actions were just the first tranche. Biden and his team will continue reviewing petitions from non-violent drug offenders for additional grants of clemency, the official said.

Some of those who just received clemency will be released from incarceration this coming summer. But many others will continue to wait a year or more for their sentences to formally end. It’s a timeline that sets their release after the midterm elections, in which vulnerable Democrats are fending off attacks over calls by some in their party to defund the police. And the suspicion among activists is that lawmakers of Biden’s generation don’t want a Willie Horton-like situation on their hands, a reference to the infamous race-baiting ads run by then-GOP nominee GEORGE H.W. BUSH against Democrat MICHAEL DUKAKIS for supporting the temporary prison release program Horton was in when he stabbed a man and raped a woman.

“Is this how all the clemencies are going to be — with a year stipulation on there? … That's not common,” said Povah, who later added, “I just don't think the public is going to lose their mind if maybe there's like a minor infraction.”

Povah encouraged Biden to not just expedite the clemencies but to expand the universe of those who will receive them. “I sure hope marijuana is the next batch, plus other CARES Act people who weren't on the list,“ she said, noting that prisoners with cannabis related offenses have been overlooked under prior administrations.

MARK OSLER, a former federal prosecutor who also recently met with Oyer, praised the administration’s recent clemency action. By comparison, former President DONALD TRUMP went around the Justice Department, consulting allies when determining clemencies and pardons that rewarded loyalty and benefited his personal political interests.

But Osler also viewed Biden’s pace as cautious.

“The disappointment of course is that it wasn't more extensive and we don't really have guidance as to what's coming next and what their areas of focus are going to be,” said Osler, questioning which petitioners will be prioritized and when. “Hopefully they're cognizant of the fact that time proceeds at the same pace inside prison as it does outside.”

Ultimately, Angelos said, 2023 needs to be a year of greater action, even if Biden’s current pace is besting his predecessors’.

“We have a war; there's inflation under the pandemic and so we're hoping that this time next year after things start to mellow down, I think we're gonna start to see a little more action here,” said Angelos. “And, based on our conversation, we strongly believe that President Biden will honor his campaign pledge with regard to the marijuana cases.”

TEXT US — ARE YOU TIM MANNING, the supply coordinator on Biden’s Covid response team? We want to hear from you. Or if you think we missed something in today’s edition, let us know and we may include it tomorrow.  Email us at westwingtips@politico.com.

 

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POTUS PUZZLER

Which president was unaware he was nominated for the presidency until weeks after the fact?

(Answer at the bottom.)

The Oval

DISAPPEARING ACT: After Georgia gubernatorial contender STACEY ABRAMS did not meet up with him earlier this year, citing a scheduling conflict, Biden won’t be appearing with another Democrat running for higher office. Bloomberg’s JOSH WINGROVE noted on Friday that Rep. TIM RYAN, who secured the Democratic nomination for Senate in Ohio this week, didn’t meet with the president during his visit to the Buckeye State today.

Asked why the congressman wasn’t attending, outgoing press secretary JEN PSAKI said the president had been in touch with Ryan, who was attending a funeral on Friday and had “other events he needs to attend.”

FIRST AID: We wrote yesterday about how former vice president spokesperson SYMONE SANDERS plans on navigating her relationship with the Biden White House after years on the other side. And while an early transcript shared with POLITICO shows a (unsurprisingly) friendly interview with first lady JILL BIDEN , the exchange also made a bit of news. In an interview set to air tomorrow, the first lady acknowledged that she’s been involved in some diplomatic efforts related to the Russian war with Ukraine.

Biden told Sanders that she’s received a letter from OLENA ZELENSKA, VOLODYMYR ZELENSKYY’s wife, and has spoken to the first lady of Poland who gave her a “list of things that they needed.”

WHAT THE WHITE HOUSE WANTS YOU TO READ: White House rapid response director MIKE GWIN shared several tweets and stories about the April jobs report released Friday, including a piece by our own BEN WHITE, who wrote that the economy “has been hot, with rising wages, low unemployment and a record number of job openings.”

WHAT THE WHITE HOUSE DOESN’T WANT YOU TO READ: Other, more troubling labor data points: As the New York Times’ BEN CASSELMAN notes, Friday’s jobs report also notes the labor force shrank by over 360,000 jobs, and the labor force participation rate saw its biggest decline since 2020.

Agenda Setting

RUSSIAN ASYLUM SEEKER SCRAMBLE: The Biden administration is scrambling to figure out how to help a growing number of Russians who are seeking entry into the U.S. after leaving their home country, our NAHAL TOOSI and JOSEPH GEDEON report. Some lawmakers and activists are asking the administration to make big moves in welcoming them, but the White House has yet to take major steps to ease Russians' paths into the U.S.

FUNDRAISING WATCH: There’s not a ton Democrats can do to prevent the Supreme Court from overturning Roe v. Wade. But that hasn’t stopped the party from fundraising off an impending ruling. The DNC has out sent scores of fundraising e-mails and text messages over the last four days, attempting to turn the impending threat to abortion rights into a surge of financial support for Dems’ midterm races, our ADAM CANCRYN reports.

It’s a campaign that the DNC says has already paid off: This week the organization hit one-day fundraising levels not seen since January 2021.

Filling the Ranks

NOAA ADDITION: The TODAY show’s AL ROKER was named the first ever emissary of the National Oceanic and Atmospheric Administration on Friday, a ceremonial position awarded for his role raising awareness about climate change. In a letter to Roker, Biden thanked the host and weatherman for his coverage of climate change and its impact on severe weather events.

What We're Reading

Biden Heads to Vance’s Ohio Turf, But Ryan Won’t Join Him (Bloomberg’s Josh Wingrove)

Biden’s Unpopularity (New York Times’ German Lopez)

White House documents detail a looming squeeze on Covid-19 boosters (STAT’s Rachel Cohrs)

What We're Watching

Psaki on Fox News on Sunday at 11 a.m. ET.

Sanders interviews Jill Biden on MSNBC on Saturday at 4 p.m. ET.

Where's Joe

The president traveled from Washington, D.C. to Ohio this afternoon, where he met with manufacturing leaders at United Performance Metals and delivered remarks. Aides traveling with him included Deputy Chief of Staff BRUCE REED, Psaki, National Economic Council Director BRIAN DEESE and Director of Oval Office Operations ANNIE TOMASINI.

He left Ohio this evening to head to New Castle, Del., where he was scheduled to arrive at 6:55 p.m.

Where's Kamala

She traveled from Washington, D.C. to Nashville, Tenn.

The Oppo Book

It’s not often we feature the president himself, but this was too good not to highlight.

When Biden and the first lady are apart, they try to call each other throughout the day. The president is also a fan of leaving her long voicemails, according to a May 2021 Washington Post article.

But an adviser told the Post that they "don’t know if she listens to them all or deletes them, but he processes out loud."

Jill, if you're reading this, check your voicemails!

POTUS PUZZLER ANSWER

ZACHARY TAYLOR was nominated to be president by the Whig Party in 1848, but he didn’t receive the physical letter notifying him of his nomination until weeks after the fact because he refused to accept mail that had any postage due at the time.

A CALL OUT — Do you have a more difficult trivia question? Send us your best question on the presidents with a citation and we may feature it.

Edited by Eun Kyung Kim and Sam Stein

 

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