[Congressional Record Volume 163, Number 54 (Tuesday, March 28, 2017)]
[Extensions of Remarks]
[Page E402]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  THE INTRODUCTION OF THE DISTRICT OF COLUMBIA HOME RULE CLEMENCY ACT

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                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                        Tuesday, March 28, 2017

  Ms. NORTON. Mr. Speaker, today, I introduce the District of Columbia 
Home Rule Clemency 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 currently the opinion of the 
Department of Justice (DOJ) 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 for local offenses. The District, like 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 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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