[Congressional Record Volume 162, Number 3 (Wednesday, January 6, 2016)]
[Extensions of Remarks]
[Page E11]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




INTRODUCTION OF THE DISTRICT OF COLUMBIA HOME RULE CLEMENCY ACT OF 2016

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                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                       Wednesday, January 6, 2016

  Ms. NORTON. Mr. Speaker, today, I introduce the District of Columbia 
Home Rule Clemency Act of 2016, a bill that would give the District of 
Columbia exclusive authority, like states, to grant clemency to 
offenders prosecuted under its local laws.
  While D.C. law appears to give the mayor authority to grant clemency 
(D.C. Code 1-301.76), it is currently the opinion of the Department of 
Justice that the President, and not the Mayor, has the authority to 
issue clemency for most local 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 the DOJ's view is correct, my bill would remove all 
doubt that the District, and not the President, has the authority to 
issue executive clemency. The District, like states, 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 all clemency authority not currently reserved to the Mayor 
under D.C. Code 1-301.76 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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