[Congressional Record Volume 165, Number 35 (Tuesday, February 26, 2019)]
[Extensions of Remarks]
[Page E210]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    INTRODUCTION OF THE DISTRICT OF COLUMBIA CLEMENCY HOME RULE ACT

                                 ______
                                 

                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                       Tuesday, February 26, 2019

  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.

                          ____________________