Former Prisoner Phillip Emmert Has Scooter Libby To Thank For His Presidential Commutation

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gerry

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In over 6 years in office, Bush 41 has issued a total of 4
commutations of prison sentences. According to a chart that
accompanied the Los Angeles Times article, on one of the four
prisoners who got lucky (a first time offender involved in a drug deal
who had already served over 10 years in prison), Bush has approved 2%
of all clemency actions, the lowest rate in at least 50 years, even
lower than his father's 5% rate (which included pardons to Casper
Weinberger, Oliver North and a Pakistani heroin smuggler |
http://dir.salon.com/story/news/col/cona/2001/02/27/pardons/).

Phillip Emmert, the prisoner in the LA Times article, would still be
in prison if not for Scooter Libby. Normally, commutations such as
his are granted at year end, around Christmas. The USDOJ Office of
the Pardon Attorney had to be very busy in January 2007, when one of
Rove's flunkies contacted them to find out if they had any safe cases
to issue a Presidential commutation. By then, everyone knew Libby was
on his way to jail, he had lied about his involvement in the Plame
affair and Libby could drag Cheney into the mess if Libby got tired of
staying in a Federal graybar hotel.

The Pardon Attorney is usually not very busy, mostly just filing away
clemency petitions from the families of nobodies locked up forever.
At the USDOJ website, the listing of Presidential clemency actions
only goes through 2001 - www.usdoj.gov/pardon/statistics.htm

In a lot of ways, that office now is a clone of the board then
Governor Bush had in Texas which turned down 100% of death penalty
appeals. No wonder the DOJ has failed to post statistics on
clemencies since 2001. Why brag about doing nothing? And how would
Bush's words as a religious person jibe with his actions turning down
98% of the appeals for second chances, as those statistics would
clearly show?

So Emmert gets his commutation after serving a decade in prison and
Libby gets his commutation after serving . . .

COLUMN ONE
An epic fight for one man's clemency

Phillip Emmert, was serving 27 years for a first-time drug offense. He
had no chance of a pardon but his supporters tried anyway.

By Richard B. Schmitt, Los Angeles Times Staff Writer
September 15, 2007

http://www.latimes.com/news/la-na-c...5.story?coll=la-tot-topstories&track=ntothtml

WASHINGTON -- Karen Orehowsky decided to join the Beltway lobbying
crowd not long after getting a phone call from her mother, back home
in Iowa. Her mother told her she had a new pen pal, a former drug
dealer by the name of Phillip Emmert who was serving a 27-year
sentence in federal prison.

Orehowsky was alarmed to hear that her 62-year-old mom was
corresponding with an inmate. But her mother assured her that Emmert
had reformed and did not deserve his long sentence. She said her rural
church had begun writing letters to him to give him hope and support,
and suggested her daughter do the same.

Orehowsky was skeptical. "Nobody in this great country gets 27 years
with no possibility of parole as a nonviolent first offender," she
said, recalling her initial doubts.

But after some research, she, too, came to believe Emmert had been the
victim of an unjust sentence -- and heartbreaking personal misfortune.
He had, she learned, become a model prisoner.

Orehowsky decided she would do more than write him letters: She would
lobby the Justice Department to get President Bush to commute Emmert's
sentence.

As an employee of the Environmental Protection Agency in Washington,
she knew people inside the federal bureaucracy. She talked up the case
at parties attended by administration officials. She sought advice
from government lawyers who had first-hand knowledge of the clemency
process.

Early on, a former Justice Department official warned her that she was
taking on a nearly hopeless task. Orehowsky scribbled her exact words
-- "You have no reasonable chance of success" -- on a piece of paper
and pinned it to a wall above her desk at work.

The Bush administration's record for granting clemency was not
encouraging. In 2002, when Orehowsky embarked on her quixotic task,
Bush had not commuted a single sentence.

He since has taken action in four cases, the most prominent being that
of former vice presidential aide I. Lewis "Scooter" Libby, who was
convicted of perjury and obstruction of justice in the CIA leak case.
Bush has also granted full pardons to more than 100 people -- but only
after they had served their time.

Cases such as those of Libby and Marc Rich, the fugitive financier
pardoned by President Clinton in 2001, have raised questions about the
fairness of presidential clemency because they involved the affluent
and politically connected.

More routinely, hundreds of the unconnected apply for clemency every
year with little or no guidance or hope. Their petitions are filed
with the 12-person Office of the Pardon Attorney in the Justice
Department, whose deliberations and recommendations are never made
public. Applicants often wait years for a response.

Yet they frequently have compelling stories of rehabilitation and
steep punishment.

Even some prominent conservative jurists have come to believe that
clemency is a tool of the justice system that is not used enough.

"The pardon process, of late, seems to have been drained of its moral
force," Supreme Court Justice Anthony M. Kennedy told the American Bar
Assn. in 2003 in a speech calling on lawyers to file more petitions.
While defendants in many cases have not served their full sentences,
they have served long enough, Kennedy said.

Tough federal sentencing guidelines over the past two decades have
made sentences uniform across the country -- but also uniformly harsh.
Drug crimes bring stiff "mandatory minimum" sentences even for first-
time offenders.

Parole, once viewed as a tool for addressing injustice, creating
incentives for rehabilitation and accounting for special circumstances
such as family or personal illness, was long ago abolished for inmates
in federal prison.

In Libby's case, Bush declared the 30-month sentence "excessive," even
though it was at the low end of the range of federal guidelines. He
also said Libby was a first-time offender and that his family had
suffered from his conviction.

Some inmate advocates hope the president now will take another look at
the sentences given lesser-known defendants. Margaret Colgate Love, a
lawyer who once headed the pardon office, said: "There are scores,
perhaps hundreds, of people doing hard time in federal prison who are
also worthy of the president's mercy."

Phillip Emmert grew up in rural Arkansas, one of seven children. He
was 5 when his father left home; his mother worked as a waitress to
support the family. That left the kids to raise themselves, and as
Emmert readily concedes, they did not do a very good job.

He started using drugs at 13. Later, when he was convicted of breaking
into a car and stealing a watch and sunglasses, a judge offered him
the chance to avoid prison by joining the Army.

After his discharge from the service, he got married, had a daughter
-- and got hooked on methamphetamine.

In 1992, he was implicated in a conspiracy to distribute more than 25
pounds of meth with a group of motorcycle friends. Emmert claimed he
was in on the deal simply to support his own habit. Under the law,
however, he was held responsible for the entire stockpile of drugs. At
age 36, he was sentenced to 324 months -- 27 years -- even though he
was a first-time drug offender. The ringleader got life.

Initially, Emmert had problems as a prisoner. Eighteen months into his
sentence, he was busted for drinking alcohol and sent to an isolated
unit known as "the hole."

That's where he got the news that his wife and daughter had been in a
horrific car accident. His wife was left a paraplegic. His daughter
was then 8.

He said the tragedy motivated him to turn his life around. He prayed
and began reading the Bible. "Change didn't happen overnight," he
said, "but change did come."

Over the ensuing decade, he learned a trade: servicing heating,
ventilation and air-conditioning systems. He completed a ministerial
studies program endorsed by the Assemblies of God Church and became
qualified to be a licensed pastor. He served as a hospice volunteer
and mental health companion, attending to terminally ill inmates and
counseling suicidal prisoners.

"I met many inmates who 'found God' but immediately lost Him when it
became evident that God was not going to get them out of prison," said
Robert Williams, an inmate who served time with Emmert. "But Phillip
was different."

In 1996, Emmert caught a break. After Congress had modified the
sentencing guidelines, the judge shaved five years off his prison
time, leaving him with only 18 more years to serve.

The lobbying team that took up his cause did not look to be a K Street
juggernaut.

There was a small-town church -- First Assembly of God in Washington,
Iowa, whose members included farmers, plumbers, and electricians but
"not a single professional among them," said Orehowsky. Her own
credentials consisted of running an office at the EPA that regulates
vehicle emissions.

It was clear the group would need some political muscle, but that
would not be easy.

Iowa's senior U.S. senator, Charles E. Grassley, was a tough-on-crime
conservative who supported the sort of lengthy sentence that Emmert
got. And the scourge of methamphetamine addiction was becoming a major
concern in the heartland. Aides signaled Grassley would have trouble
supporting clemency for Emmert.

"The statistics were unbelievably against them," said James A. Leach,
then a member of the Iowa congressional delegation and another
lawmaker the group approached.

As a first step, Orehowsky found a major Washington law firm willing
to take on Emmert's case as a public service. The firm, Crowell &
Moring, filed an eloquent brief with the Justice Department. But the
firm's lawyers found the assignment frustrating because communications
were so one-sided.

"It is a black hole," said Thomas Means, one of the lawyers involved.
"They don't tell you anything at the pardon office. You can't get
anything out of them."

Means and Orehowsky decided to step up the offensive.

"You take every opportunity to tell the story to somebody. You never
know who might get through," Means said. "That seems to be the essence
of the process -- somehow rising above the pack."

Orehowsky began working the bureaucracy. She found out that her boss
at EPA once worked in the auto industry with Andrew H. Card Jr.,
Bush's first chief of staff. The boss agreed to write a letter to Card
about Emmert.

"Every time I went to a dinner party, every time I met someone who
said, 'Oh, I work for the Justice Department,' they got my [Emmert]
story," Orehowsky said.

She turned friends -- and friends of friends -- into lobbying
partners. When one got to play a round of golf with a cousin of the
president, she made sure he took along a "one-pager" on Emmert.

She had Pastor James E. Cluney, of First Assembly of God church in
Iowa, write to former Atty. Gen. John Ashcroft, a member of the same
denomination, which had also given Emmert his divinity papers.
Ashcroft wrote a letter of support -- he sent Orehowsky a signed copy
-- but it was unclear whether he ever sent it to the Justice
Department. Orehowsky urged Cluney and his flock to write their own
letters.

Initially skeptical, Leach agreed to host a meeting in his Washington
office with representatives from the pardon division and his Iowa
constituents. Cluney and Emmert's wife, Dixie, who uses a wheelchair,
flew in to help make the case.

The Justice lawyers were polite but poker-faced as they listened.

A formal clemency petition had been filed in February 2004, and for
nearly three years, hopes ebbed and flowed.

At one point, Means also appealed to U.S. District Judge Charles R.
Wolle in Des Moines, who had given Emmert the hefty sentence.

Wolle initially was not interested in helping arrange an early
release. But the judge had an unexplained change of heart. He decided
that, while the sentence was legally correct, Emmert had been
rehabilitated and deserved a break. "The purpose of the sentence I
imposed has fully been served," Wolle wrote the Justice Department in
June 2004.

Six months later, Grassley came around, writing a passionate letter on
behalf of Emmert two days before Christmas. Hopes were high. But the
holiday passed without word from Bush.

"Every year Christmas time rolls around and you think that would be a
great Christmas present," Cluney said, "and it would come and go, and
other things would happen."

Last December, Means received a phone call from the Justice
Department: Bush had granted clemency.

Emmert was summoned to the office of a corrections official at the
federal prison camp in Duluth, Minn., and told to contact his
attorney. He was not prepared for the news he was about to receive.

" 'You are going home a free man,' " he recalls Means telling him over
the phone.

"I cried like a little girl. I pretty much lost it." He still chokes
up at the memory.

Emmert was released Jan. 19, and, on a Sunday night in February, had
an emotional homecoming at the First Assembly of God church in Iowa,
where he preached about his journey to a packed congregation that
included some former biker friends. He had served 14 years, four
months. The lobbying campaign had taken more than four years,
including 300 hours of attorney time. More than 100 people were
involved, including 70 from Washington, Iowa, who wrote letters.
Throughout the process, Emmert, who had received copies of the letters
that were being sent on his behalf, knew that unusual influence was
being brought to bear. "Karen was just tenacious," he said. "I
thought, 'Boy, if this doesn't happen, this is going to crush her.' "

But he also recognized the odds were against him, and he tried not to
get his hopes up.

Orehowsky's mother, whose August 2002 phone call launched the drive to
free Emmert, was diagnosed with cancer in 2004 and died five weeks
later. She did not live to see her pen pal released.

Today, Emmert works the night shift as a housekeeper at the Veterans
Administration hospital in Iowa City. He is hoping to get day hours so
he can preach and counsel drug users. The local sheriff has a standing
offer for him to speak with youth groups.

He is rebuilding a small house that Dixie's father bought her after
she became paralyzed. She works part time as a clerk at a farm
implements store. His daughter, now 22, has her own apartment in Iowa
City.

In July, Emmert was eating dinner, watching a TV news report about
Libby's sentence being commuted, when he saw his name flash across the
screen. "I stopped with my mouth full," he said. "There was Scooter
Libby, me and two other people."

The report noted that Emmert was part of an exclusive club: four
people granted clemency by Bush.

"I know why I am on that list. It is because of the prayers of many,
many people," he said. "But there are a lot more deserving people, if
you take the time to look."

Orehowsky said she has no idea what compelled the president to act;
the White House declined to provide an explanation. "It will always be
an amazing mystery to me why it had the outcome it did," she said.

"I am not one who believes a drug dealer should go free. A decade in
federal prison is just what Phillip Emmert needed."

But, she added, "he is really an example of how mercy and second
chances are so important."

rick.schmitt@latimes.com
 
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