THE PRESIDENTIAL CLEMENCY PROGRAM 94-1 HEARINGS BEFORE THE SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES, OF THE COMMITTEE ON THE JUDICIARY NINETY-FOURTH CONGRESS FIRST SESSION ON THE PRESIDENTIAL CLEMENCY PROGRAM 58-201 Printed for the use of the Committee on the Judiciary U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 1975 COMMITTEE ON THE JUDICIARY PETER W. RODINO, JR., New Jersey, Chairman JACK BROOKS, Texas ROBERT W. KASTENMEIER, Wisconsin DON EDWARDS, California WILLIAM L. HUNGATE, Missouri ELIZABETH HOLTZMAN, New York EDWARD HUTCHINSON, Michigan EARL C. DUDLEY, Jr., General Counsel SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES, AND THE ADMINISTRATION OF JUSTICE ROBERT W. KASTENMEIER, Wisconsin, Chairman GEORGE E. DANIELSON, California TOM RAILSBACK, Illinois HERBERT FUCHS, Counsel BRUCE A. LEHMAN, Counsel TIMOTHY A. BOGGS, Legislative Assistant (II) Condon, Gerry, Toronto American Exiles Association. Goodell, Hon. Charles E., Chairman, Presidential Clemency Board- Hoffmann, Martin R., General Counsel, Department of Defense-- Javits, Hon. Jacob K., a U.S. Senator from the State of New York__ Lynn, Rev. Barry W., Center for Social Action, United Church of S. 1145 (National Reorganization Act of 1975) - S. 1290 (The Clemency Board Reorganization Act of 1975) 225 254 Jones, F. P., director, National Security and Foreign Affairs, Veterans 252 249 "The Power of Congress To Enact Amnesty Legislation," Congres- 103 THE PRESIDENTIAL CLEMENCY PROGRAM MONDAY, APRIL 14, 1975 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES, AND THE ADMINISTRATION OF JUSTICE, The subcommitte met, pursuant to notice, at 10:10 a.m. in room 2141, Rayburn House Office Building, Hon. Robert W. Kastenmeier [chairman of the subcommittee] presiding. Present: Representatives Kastenmeier, Drinan, Pattison, Wiggins. Also present: Bruce A. Lehman, counsel; Timothy A. Boggs, legislative assistant; and Thomas E. Mooney, associate counsel. Mr. KASTENMEIER. The subcommittee will come to order this morning. As the eyes of the Nation once again turn to Southeast Asia, to the cities and to the ports, and to the villages in that troubled part of the world, to watch what may, indeed, be the last chapter in a long and sad war that has engulfed that region of the world, it is fitting that we at this time are considering one of the aspects of healing the wounds of this Nation caused by that conflict. Two years ago, direct U.S. military involvement in the war, was terminated. Our POW's were being brought home, and a year ago on March 8, 11, and 13, this subcommittee had 3 days of hearings on the question of amnesty. We considered legislation. We opened the question of whether it is fitting that the Congress legislate in what has historically been thought of as an Executive function, the act of granting amnesty. Since that time, and having said at that time that, perhaps, within a year we would be able to return more affirmatively to the subject, the President, on September 16 of last year, announced his own program for clemency. As a result of that program, there was a Presidential clemency program set up within the White House and three other units of the executive branch, the Selective Service, the Department of Justice, and the Department of Defense. The program, in terms of applications for favorable treatment, was to have terminated January 31 of this year. In fact, it was twice extended and finally was terminated, as far as applications are concerned, on March 31. The purpose of these hearings is to examine the President's program, to lay the groundwork for intelligent consideration of whether this committee and the Congress ought to make recommendations, or otherwise engage in whatever appropriate legislative response there ought to be to this unfulfilled issue. |