Jimmy Carter had a profound affect on my life. In 2008, he came to a talk I gave. Afterwards, he rose and instead of praising me, he challenged me to do more. He was right, and I took his criticism to heart. He was a good man for our world, and a Great Man to me. I described that in my book "Prosecuting Jesus." Later, I wrote to him and told him that, and he wrote me back.
It's still Christmas, at least in the liturgical season, and that has always meant something to me. After the waiting of advent, the quiet I sought (sometimes unsuccessfully), this is a season of joy. And I have found that, too, in being with family back in Detroit, seeing my Mom well, and enjoying the warmth that can come on a cold day from being with those people who know you best (and love you anyways).
It's a time, too, to take joy in faith that starts with the birth of Jesus, and I have felt that, too. It kind of sneaks up on me, actually-- I have these moments of realization that can come from music or prayer or just... kind of out of nowhere. And how great is that?
Yesterday I took seven members of my family to a Bowl Game. That sounds like quite a splurge, but it only cost $14 at $2 a ticket on the secondary market. Mostly, that's because we went to America's Least Popular Bowl Game, the Game Above Sports Bowl in Detroit. Formerly the Detroit Bowl, the Little Caesar's Bowl, the Motor City Bowl, and the Quick Lane Bowl, this year's version pitted Toledo (#4 in the MAC) vs. Pitt (#10 in the ACC).
The game turned out to be fantastic! It was decided in 6 overtimes (Toledo finally won) and featured something I had never seen before-- a blocked extra point returned the other way for two points. It is reported to be the most overtimes ever in a bowl game.
So let's haiku about memorable games this week. You don't have to have been there in person-- it just matters that it was memorable to you! Here, I will go first:
No bowl, Wisconsin
And these two seem second tier
But wow, what a game!
Now it is your turn! Just use the 5/7/5 syllable pattern and have some fun!
Kay Granger, who lives is Texas, is struggling with a lot of the things that people her age (81) often face: She has been showing signs of dementia, according to her son, and recently moved into an assisted living facility. The problem is that she is an elected member of Congress who has just stopped showing up for work, as reported by the New York Times.
Granger, of course, is about the same age as President Joe Biden, who has faced a wealth of issues related to age. Charles Grassley is over 90 and remains a member of the Senate. Nancy Pelosi and Mitch McConnell suffered serious falls recently, as people their age do.
Why are we having such a hard time turning power over to younger people? I suspect the answer has a lot to do with the institution of Congress, which over-values incumbency and longevity. We voters, of course, are part of the problem too-- these oldsters didn't elect themselves to office, after all.
Whatever your path-- towards faith or away from it-- I hope that Christmas is not just merry but meaningful to you. It can be about different things to everyone, but what I wish for you is that it is something transformative and hopeful and good.
Yesterday, President Biden commuted the sentences of 37 men condemned to death in the federal system, leaving only three on death row there. While incomplete, it was a bold gesture-- his boldest exercise of clemency yet. Though I would have preferred that he clear the row, his basis for decision was at least principled: he excluded mass murderers.
Biden has now addressed and mostly fulfilled two of the four clemency goals that Rachel Barkow and I described and advocated for in the New York Times back in September: Death Row, and those our on home confinement under the CARES Act.
That leaves two key groups left: those whose petitions are at the White House with a positive recommendation from the pardon attorney and marijuana prisoners (though there will be overlap between those two groups). It would be wonderful if it all gets done!
About eight years ago, I got interested in the clemency process here in Minnesota. I began to attend the pardon hearings, and was discouraged by what I saw. Few people seemed to be applying for pardons and almost none for commutations (which shorten a sentence being served in prison), and no wonder-- the state granted only about 20-30 a year. That was about 10% of the total granted annually in South Carolina, which has a smaller population (and is, you know, not really known for progressive criminal justice). We even were well behind the 70-100 granted yearly in South Dakota, which has 1/6th the population and is far more conservative. Minnesota had a mercy problem.
Being an academic with a clemency clinic, my students and I researched the issue to assess the problems causing the Minnesota mercy dearth. I identified three primary roadblocks. First, everyone had to appear personally before the Governor, Attorney General and Chief Justice and their limited time created a narrow pipeline. Second, there was a requirement that those three vote unanimously to grant a petition. Third, most grants were under a bizarre construct called the "Pardon Extraordinary," which wasn't very extraordinary-- just a regular pardon with more rules.
After watching this for several cycles, in 2019 I wrote this piece in the Minneapolis Star Tribune, based in part on research done by my students at St. Thomas, who identified South Dakota as a good model. I suggested three things: Use majority instead of unanimous votes, have a commission conduct hearings to allow more cases be heard. and ditch the "pardon extraordinary."
In 2020, we got buy-in and support for a bill we drafted from Gov. Tim Walz, who made his support public. We didn't get it through the legislature, though.
I kept trying. And for three years, I failed. It was hard to fail over and over.
Then in 2023, the stars aligned, and we got the legislation through by bundling it with a number of other proposals in criminal justice, as various groups offered a common slate. Our bill was sponsored by MN Rep. Esther Agbaje, who did a great job with it-- and it passed! I later wrote about that in The Atlantic, and Dan Barry wrote a great piece for the New York Times about the first hearing under the old system but with only a 2-1 vote required to grant.
Friday of this week was the first hearing under the new system, as the Pardon Board (the governor, attorney general and chief justice) considered cases passed to them with recommendations from the new Clemency Commission (which had conducted the hearings).
I was anxious to see how it would go. I was stuck in traffic headed over there, and would barely make it for the 9:30 start. I jammed my car into a snowbank across the street from the hearing room and tried to pay. The machine rejected every card I had, though, so I gave up and took my chances.
In the room, something amazing happened. The Board accepted every one of the recommendation made by the Commission, and granted 32 petitions-- more than they had in a year not so long ago (and this would be just one of four such hearings a year). I was elated at this sudden flood of mercy. They did make some of the grants contingent on petitioners paying off parking tickets-- a requirement I cringed at, thinking about my illegally-parked car.
After the hearing, I walked up to Gov. Walz. He smiled and asked "So is that what you wanted to see?"
I nodded and said "You betcha," because that's what we say in Minnesota. But I was thinking "Oh, hell yes!"
I talked to some others, including Keith Ellison and some old friends in the fight. Then I walked out the big metal doors into the cold air, across the street to the snowbank hugging my car, I leaned over to see if I got a ticket. It turned out I received grace, too. But... maybe this time I appreciated it a little more than usual.
Haiku Friday: Listening to Music (holiday or other)
For about 30 years (!) I made a Christmas CD (actually, at the start it was cassette tapes). I didn't do that this year after a bevy of complaints that no one has a CD player and some about content. If I can find a better format, I might try again next year, but I took a year off.
But let's haiku about listening to music this week. Bonus points if you can identify the man pictured above. Here, I will go first:
Christmas Eve service
The light is passed in dark
I sing with feelings.
Now it is your turn! Just use the 5/7/5 syllable pattern, and have some fun!
We are in a very strange time for clemency at the federal level. First President Biden gave an unprecedentedly broad pardon to his son Hunter. Then he gave pardons and commutation to hundreds of people, most of whom were out of prison but still under supervision. Now there is discussion of Biden giving preemptive pardons to people who may be subject to investigation after the administration changes. Next, President Trump is talking about pardoning January 6 defendants. By "Jan. 6," I mean this:
We will see how that plays out once Donald Trump takes office.
What all of this mess is doing is unmooring clemency from what it has traditionally been in this country: A means to give mercy to those who request it and can show a change in their lives. Certainly that was true of most of the CARES Act people released (a measure I support), but the rest of it is about other things.
The deadly school shooting this week in Madison, Wisconsin is one of over 400 since the Columbine shootings in 1999. It's a terrible record.
They all have one thing in common: guns in the hands of someone who wants to kill children. Often, those are guns owned by the shooter's parents or given to the shooter by the parents. This was actually litigated after the Oxford, Michigan shooting, where the parents were convicted and imprisoned, but that is a singular moment of responsibility.
There is a lot of discussion about limitations on gun purchases and the right to bear arms, but not much on parents making guns available to their children. Lots of parents hunt with their kids and teach them to shoot with the family's guns-- I don't think many people have a problem with that. But there is something more going on here, and over time it bears examination.
I've always loved NPR, probably from all those days driving with my dad listening to it. It's always a pleasure to be on their shows. I got that chance yesterday, on their show "Here and Now." You can hear the segment here.
As we prepare for Christmas, here is a story that is often told during Advent, from Luke 1:
26 Six months after Elizabeth knew she was to become a mother, Gabriel was sent from God to Nazareth. Nazareth was a town in the country of Galilee. 27 He went to a woman who had never had a man. Her name was Mary. She was promised in marriage to a man named Joseph. Joseph was of the family of David. 28 The angel came to her and said, “You are honored very much. You are a favored woman. The Lord is with you. *You are chosen from among many women.”
29 When she saw the angel, she was troubled at his words. She thought about what had been said. 30 The angel said to her, “Mary, do not be afraid. You have found favor with God. 31 See! You are to become a mother and have a Son. You are to give Him the name Jesus. 32 He will be great. He will be called the Son of the Most High. The Lord God will give Him the place where His early father David sat. 33 He will be King over the family of Jacob forever and His nation will have no end.”
I remember as a kid being taken by the way the Angel Gabriel (1) actually has a name, unlike most of the angels, and (2) speaks in such short, declarative sentences. I suppose that I imagined an angel speaking flowery prose, rather than the precise meter of a trained journalist.
But of course that is how an angel would provide information! This was confusing stuff, and there is no need to make it any more complicated, right?
This week, I got to talk to people all over the world about clemency-- South Korea, Japan, Chile, Ireland, the UK and many other places. But now that I try to find the stories, I discover some mysteries, like this one from an Asian paper that apparently involves me, Steve Bannon, and Dinesh D'Souza:
It's the middle of December-- the heart of shopping season! I hope everyone is finding what they need. Let's haiku about that this week! Here, I will go first:
Shopping for me? Hard.
I have what I want and need!
Send me some firelight.
Now it is your turn! Just use the 5/7/5 syllable pattern and have some fun!
After all, I grew up in the Detroit area among Ford, Chrysler and GM executives and engineers who were routinely cycling through assignments in Europe, Asia and Australia, reflecting the American manufacturers' role in the world auto economy, established in the days of Henry Ford. In my mind, we were still there. We aren't.
The truth is that Chinese companies increasingly control world markets where we don't even try anymore. In part, that is because American companies decided to focus on high-profit SUVs and trucks rather than smaller more affordable vehicles, and that precludes selling much to the developing world-- or even to Europe.
I'm baffled by the American strategy of building electric cars... but only huge, expensive ones. Why did they thing that what the world (or at least part of North America) needed was an electric Hummer? People who can afford and desire a tank-like $106,000 vehicle can probably pay for gas, and usually don't care so much about the environment. In October, 2024, the average price for an electric car in the US was over $56,000, which is shocking.
The car companies obviously decided that just selling vehicles with big profit margins is what they want to do (except for Chrysler, which has decided to sell almost no vehicles at all). That might be good for them in the short term, but it is terrible for consumers, and I wonder why their interests don't seem to matter when government subsidies are being handed out. In truth, if Chinese cars enter the American market, even with tariffs, the whole game may be over for US makers.
Just in Time for Christmas: Megan Willome's new book!
I've been a Megan Willome fan for a long time-- she's an actual poet who sometimes joins us here for Haiku Friday. I met her when she wrote the profile when I was the 2009 Wacoan of the Year (an award that came with this kooky video). She is a strong and elegant writer, and I have followed her work since.
Plus, the new book has this great blurb from Razor Hero of Writing Bob Darden:
"To read one of Megan Willome's jewel-like poems is to become Leeuwenhoek again, staring in gape-jawed wonder at the tiny "animalcules" swimming in the dish at the end of the first microscope. You're seeing things for the first time. Or maybe you're seeing old things with a new lens. This is elegant, insightful stuff, equally capable of delivering a quick gasp or a gentle chuckle. Yes, please."