[Congressional Record Volume 167, Number 112 (Monday, June 28, 2021)]
[Extensions of Remarks]
[Page E708]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    INTRODUCTION OF THE DISTRICT OF COLUMBIA CLEMENCY HOME RULE ACT

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                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                         Monday, June 28, 2021

  Ms. NORTON. Madam Speaker, today, I introduce the District of 
Columbia Clemency Home Rule Act, which would give the District of 
Columbia exclusive authority, like the states and territories have, 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 has been 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 for D.C. in 
the D.C. Superior Court. Under current practice, clemency petitions for 
D.C. convictions, like federal convictions, are submitted to 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 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. I urge my colleagues to support this bill.

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