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Eric Holder pushed for controversial clemency

As deputy attorney general in 1999, Holder -- now attorney general nominee -- pressed subordinates to drop objections to clemency for 16 members of violent Puerto Rican nationalist organizations.

January 09, 2009|Josh Meyer and Tom Hamburger

"I remember this well, because it was such a big deal to consider clemency for a group of people convicted of such heinous crimes," said Adams, the agency's top pardon lawyer from 1997 until 2008. He said he told Holder of his "strong opposition to any clemency in several internal memos and a draft report recommending denial" and in at least one face-to-face meeting. But each time Holder wasn't satisfied, Adams said.


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The 16 members of the FALN (the Spanish acronym for Armed Forces of National Liberation) and Los Macheteros had been convicted in Chicago and Hartford variously of bank robbery, possession of explosives and participating in a seditious conspiracy. Overall, the two groups had been linked by the FBI to more than 130 bombings, several armed robberies, six slayings and hundreds of injuries.

None of the 16 whose sentences were commuted had been convicted of murder, and most had already served lengthy prison terms.

A spokesman for the Obama transition, Nick Shapiro, confirmed that Holder asked for the "options memo" that preceded the clemency:

"Eric Holder carefully reviewed the FALN clemency request, weighed the positions of both sides, including law enforcement, and concluded that the sentences of up to 90 years imposed on these prisoners was disproportionate to other federal and state sentences. After reaching that conclusion, he directed his subordinates at the department to draft a memo outlining several options, including how such a commutation could be structured to reflect the seriousness of these crimes and to take account of the lengthy time the prisoners had already served.

"President Clinton made the ultimate decision to commute these sentences, conditioned on the prisoners' agreement to renounce violence and accept restrictions on their travel."

George Terwilliger, who served as deputy attorney general under President George H. W. Bush and was asked by the Obama transition team to comment, said that although he disagreed with the FALN clemency, Holder's conduct in the case was appropriate.

"The job of the deputy attorney general is not to be a rubber stamp to the career people" in the pardon office, he said. "The deputy attorney general is supposed to exert some independent decision-making" providing guidance to the president.

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