An Open Letter to the Next U.S. Attorney General on How to Fix Flawed Pardons System
Date:  10-21-2014

ProPublicaoffers sound advice that should be heeded before the new AG takes office
The following was posted by ProPublica on October 16, 2014.

"More than two years ago, a ProPublica series showed that white applicants were far more likely to receive clemency than comparable applicants who were black. Since then, the government has spent hundreds of thousands of dollars on a study, but the pardons system remains unchanged.

For the Next Attorney General, a Modest Suggestion: Fix Presidential Pardons

by Stephen Engelberg

Dear Possible Attorney General Nominees (You Know Who You Are), Now that President Obama has put off nominating his new Attorney General until after the Nov. 4 elections, there's some extra time to immerse yourself in the issues you will confront during your confirmation hearing while, of course, waiting to see if you make the final cut. Right now, you're probably scrambling through your personal records for the name, Social Security number and address of every nanny or lawn guy your family ever employed. But as you study up on the National Security Agency's surveillance programs, the War Powers Act, the future of Guantanamo and recent history of voting rights, I'd like you encourage you to bookmark a little something for reading once you're confirmed.

If things go well, you'll have about two years as attorney general – a blink of an eye when weighed against the glacial pace at which policies and laws change in Washington. What I'm writing to you about, amazingly, is one thing that you and President Obama can do without the support of Congress. Attorney General seems like an incredibly powerful position but there are actually very few issues on which you, personally, can make a lasting difference. It feels early to begin thinking about your legacy before you're confirmed, but considering how the last two years of most administrations go, now is actually an excellent moment.

Here's the details. More than two years ago, ProPublica reporters Dafna Linzer and Jennifer LaFleur revealed that white applicants were nearly four times as likely to receive a presidential pardon as were comparable African Americans. The story appeared on the front page of The Washington Post, our publishing partner. I know, I know, this seems improbable but LaFleur spent many months doing a statistical analysis that eliminated every other factor we could imagine that might explain this disparity. We sent our findings and methodology to several leading experts in the field. All agreed that race was the only factor driving the vast difference. We published our methodology and you can read it here. Linzer's reporting on the pardons process suggested that it was far more subjective than you might have thought. We wrote about how race creeps into decision-making even when no one is overtly biased. It's worth a look.

Read the complete article.