Introduction of the District of Columbia Clemency Home Rule Act

Floor Speech

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Ms. NORTON. Madam Speaker, today, I introduce the District of Columbia Clemency Home Rule Act, a bill that would give the District of Columbia exclusive authority, like the states and territories, to grant clemency to offenders prosecuted under its local laws.

While District law appears to give the mayor authority to grant clemency (D.C. Code 1-301.76), it is the opinion of the Department of Justice (DOJ) that the president, and not the mayor, has the authority to grant clemency for most offenses prosecuted under D.C. law, particularly felonies prosecuted by the U.S. Attorney in the D.C. Superior Court. Under current practice, clemency petitions for D.C. convictions, like federal convictions, are submitted to the DOJ for the president's consideration.

Whether or not DOJ's view is correct, my bill would remove all doubt that the District, and not the president, has the authority to issue clemency for local offenses. The District, like the states and territories, should have full control of its local criminal justice system, the most basic responsibility of local government. Since the D.C. Council has the authority to enact local laws, District officials are in the best position to grant clemency for local law convictions. My bill would provide clemency authority to the District government and would give D.C. the discretion to establish its own clemency system.

This bill is an important step in establishing further autonomy for the District in its own local affairs. I urge my colleagues to support this measure.

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