Thursday, August 06, 2020

 

PMT: Jason Hernandez and Clemency


My friend Jason Hernandez wrote a great guidebook for people seeking clemency, which is available for free here: https://www.getclemencynow.org He put a ton of work into it, and I really think it will help a lot of people. Jason asked me to write the foreword, which I have pasted in below:

Americans believe in freedom. It’s in the songs we sing, the pledge of allegiance, and the political slogans both parties rely on. Yet there are only a few among us who fight for actual liberty. That group includes soldiers, public defenders, free speech activists, and those who take risks on behalf of others. It also includes Jason Hernandez. This book—painstakingly written from experience, study, and discussion—lays out the key tools that can lead to freedom through the Constitutional device of clemency.

Clemency is the wild thing of the Constitution: it is unrestrained by checks and balances, resting instead within the soul and conscience of the president. The Constitution’s pardon power allows the president to grant two primary forms of clemency: a pardon (which removes some of the effects of conviction) or commutation (which shortens a sentence). There have been and will be presidents who are brave enough to use the pardon power to free those who are incarcerated for irrationally long sentences. Sadly, the number of people serving those sentences in our country is much too large.

The good news is that American citizens and our leaders are coming to see that fact. The recognition by both Republicans and Democrats that we incarcerate too many people for too long has finally become a majority view, and the movement is now towards a more reasonable and humane system of criminal justice. That means that no matter who is serving as president, clemency will hopefully become a primary tool for reducing incarceration and right-sizing sentences that are far too long.

Jason Hernandez did something remarkable: he wrote himself to freedom. He prepared his own commutation petition and then bolstered it with a follow-up letter to President Barack Obama (who, in fact, read the letter). Jason was one of the first people to have his sentence commuted by Obama. He knows how clemency works because he has both earned his own freedom and helped others do the same. In this book, he gives specific and worthwhile directions on how those in prison can follow his path. While clemency is never guaranteed and is still too rarely granted to even the most deserving petitioners, this book can help readers avoid the most dangerous traps and greatly increase their chances of success.

In 2011, I started the first law school clinic in the country focused on federal commutations. Since then, my students and I have prepared dozens of clemency petitions and corresponded with hundreds of people in prison. In 2015, New York University professor Rachel Barkow and I set up a pop-up law office to prepare clemency petitions during the Obama administration’s clemency initiative, and worked with hundreds more. I have also gone into federal prisons to talk about clemency—how it works and what it means. Through all of this, I have seen the depth of the tragedy in our criminal justice system and the waste of human potential. Still, I couldn’t write the book that Jason has. I have never had to work two hours to afford one stamp and an envelope, or draft a document on a broken typewriter, or wait in line to make a phone call, or suffer any of the other unnecessary indignities that those in prison must push past. Jason does know all of that, and it is woven within the rhythm and wisdom of this book.

For those who read this book and succeed, I ask for a commitment: When you are in freedom, take inspiration from Jason and the many formerly incarcerated individuals who have came out and helped others succeed. Join us in trying to change the clemency system as a whole so it can work to free more people who have proven themselves deserving. Stand with us to revive this forgotten part of the Constitution. It’s a good fight, and we need you. 

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Sunday, March 06, 2011

 

Sunday Reflection: Today's Sermon


This is the first weekend of activities for me here at Holy Comforter Episcopal Church in Richmond. You can see the full schedule here. Today, I am gave the sermon (and IPLawGuy came to hear it!).

Here is the text of the sermon I gave this morning-- the Gospel lesson was the Transfiguration of Christ:

Transfiguration at the Mountaintop and the Kitchen Table


I’ll be honest—the story of the transfiguration is not the kind of Gospel story I usually relish. I favor those still, small, human moments where God speaks quietly. When the risen Christ appears, gives the Apostles some fishing tips, and then they cook breakfast on the shore—that I understand.

But this story of the Transfiguration… this is challenging. I’m not a theologian or a minister. I am one of you in the pews, who reads this and wonders what it means.

My first question when I read this story is “which character am I?” Like everyone else, when I hear a story, I am egotistical enough to put myself in it. Our temptation, as always, is to put ourselves in the place of Christ, but that isn’t right. I am not God, I am not Christ, I am part of the mob. Who I am, most likely, is Peter, saying the ham-handed thing… “Wow! It’s Elijah and Moses! I’ll build some tents!” Clearly, he was missing the point, the majesty of what was going on before him, and God himself cuts him off mid-sentence to announce that he is well-pleased with his True Son, Christ.

So, as Peter, humbled and watching this unfold, what am I to learn?

As I said, I am not a theologian, but I know some people who are. One of them is Randall O’Brien, who is now the President of Carson-Newman College in Tennessee. He transfigured something for me, re-ordered it, and it relates exactly to how I view this story.

He taught me that there is a beautiful symmetry to the Bible. Time and again, what we are taught unfolds at two levels. First, it teaches us how we are to think of God. Second, it shows us how to treat one another. This symmetry is reflected in the Ten Commandments, which deal with both. Even more elegant is the Two Great Commandments, one of which tells us to love the Lord our God with all our heart and soul and might, and the other of which teaches us to love one another as ourselves.

What Randall transfigured for me was the cross. I have never been comfortable with the cross as the symbol of our faith—it is a method of execution, of pain and torture, soaked in blood. But it is more than that in its gorgeous simplicity. One axis goes up and down, representing God and his people. The other axis goes side to side, showing our relationship to one another, a conduit of love. These two lines come together to be nothing less than the Kingdom of God, the plainest of truths, and the wholeness of life.

So, if we view the transfiguration in those two ways, what does it teach us?

The first axis, our relationship with God, is plain. Jesus is our link to God, our revelation. More than that, I leave to the theologians.

It is the second axis that is more complex to me. What does the transfiguration say about how we treat one another?

Jesus said to see him when we look at others—that when we feed the hungry or visit those in prison, we are feeding or visiting him. And perhaps when we show the grace to see those around us as transformed, we are doing the same. Maybe what we are to see in this story is that sometimes we must allow those around us to change, even dramatically, as they are revealed as their true selves, whatever that may be.

I have seen two dramatic transfigurations of those around me, and I fear that I reacted as Peter did, rather than with grace or love.

The first time was several years ago. I was teaching at Baylor in Texas, and taught a very unusual course. Together with two Baptist preachers, I started a class in oral advocacy in which we taught law students to give strong closing arguments by using the techniques of great preachers.

My co-teachers were Randall O’Brien and Hulitt Gloer, who is the preaching professor at Truett Seminary. It was extraordinary to share a room with those two men, who taught me more than nearly anyone else.

Our class was held in the Spring Quarter. One November, Hulitt had a devastating stroke and nearly died. He was hospitalized for weeks and lost the ability to move and to speak. Only through painstaking physical therapy did he gain even rudimentary control of his body.

The time came to begin our class. Randall and I assumed that Hulitt would not be able to do it, but on that first day he arrived in my office, slowly, using a walker, his speech quiet and slurred. Randall and I exchanged a glance, but neither of us would stand in his way. We walked silently, glacially, down to the classroom. I held the door open. Hulitt turned to me and said “I’ll go first.”

In that bare raw moment before he began, we faced the quietest, stillest classroom in America. We all looked up at him. And that is when he was transfigured.

Once he began to speak, it was thrilling. His words were strong, his conviction manifest, his spare sentences roped together with sinew and wit. It was, to this day, the best classroom lecture I have ever heard.

On the way out Hulitt gathered the walker and waited a moment in the hall as students offered their congratulations and thanks. Like Peter, I asked the stupid question: “How did you do that?”

“Did you see her in the first row?” he asked. He was referring to Allison Dickson, a quadraplegic with muscular dystrophy who weighed maybe 60 pounds, yet eventually finished first in her class (and was quite a fine preacher herself). “I saw her, and I thought ‘God never lets me feel sorry for myself.”

He was transfigured. I have never seen him since as anything less than he was on that day.

It happened again a few months ago, in Chicago. I went to a conference on abolishing the death penalty, and something remarkable happened—during the conference, the Illinois legislature actually voted to abolish the death penalty. It’s pretty rare for the purpose of a conference to actually be accomplished during the week of the conference itself! There was an air of true joy.

After our talk, there was a party for a group of people who have lost a family member to murder. It was a wonderful time, way up high in the Hancock building in a beautiful apartment. My parents and sister were there to share it with me. Then, in a glimmer, there was a transfiguration. Jeanne Bishop gave a little talk about the organization, and then mentioned what the legislature had done. Then she said something remarkable and true—that those who had died were there celebrating, too, that the Holy Ghost had enabled her sister and all the parents and children and siblings who had been killed to be there in that room to celebrate life and love for their killers. There was that stillness again, of realization. It was jolting, as jolting as seeing Elijah and Moses before us, and hearing the very voice of God.

It means something, too, that Elijah and Moses were there on that mountaintop. In the transfigurations before our own eyes, God calls on people to be there to enable it, to announce it, and we must listen. God uses Craig Anderson (in my own life), uses Randall O’Brien, uses Hulitt Gloer, uses Jeanne Bishop, uses the person who is sitting next to you now. Turn to them—look at that person. That is Elijah, that is Moses, and we must see and acknowledge those personifications of transfiguration to one another; for God commands no less compassion, no less love, and no less of a miracle in the lives we live, and suffer, and celebrate, this day and every day.

Amen.

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Monday, February 12, 2007

 

I'm on my way to Del Rio!


It's true. Tomorrow I'll teach sentencing and oral advocacy, and then hit the road for Del Rio. On Tuesday, Henry Bemporad (recently named the new Federal Defender for the Western Dist. of Texas) and I will give a presentation to the criminal bar down there. As you might expect, they handle a lot of immigration cases.

I love a drive like that. My plan is to make it as far as Uvalde tomorrow night. I usually enjoy towns that size, with a bit of isolation. A week from Monday I'll be going to DC for the Claiborne arguments at the Supreme Court, but the fact is that Uvalde intrigues me much more than DC does.

So, here is question some of you may be able to answer. In going through Austin, is it better to go top or bottom on I-35 when it does that bizarre vertical split thing?

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Saturday, February 10, 2007

 

Another New Blog...

As some of you may remember, I set up the bi-annual conference for Religiously-Affiliated Law Schools in 2006, which was held here at Baylor. The RALS is a wonderful and amorphous group; we don't really have a formal membership, and traditionally we just have had the conference every two years. Those conferences, though, have been fabulous. Catholics, Protestants, and Jews come together and are asked to discuss areas of common interest, the most common being how the religious identity of a law school affects what we do. It's an important question, and one we still don't examine enough.

So, to help us to have a conversation between conferences, I set up a blog for RALS. You can find it here.

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Wednesday, February 07, 2007

 

The 7 Habits of Highly Confused Joggers

I was in a meeting today over in Pat Neff Hall, which is where the Baylor Administration holds meetings that involve powerpoint, people in ties, and hearty chuckles. I have to say, it was an extremely well-run meeting, very efficient, with excellent presentations. I was very impressed with almost everything about it. But there was one thing...

My problem was the poster on the wall across from me. There were 7 posters up, with different sayings, like "Think Win-Win." At first I thought that somehow this otherwise beautiful room had been decorated via a tipsy visitor to the now-defunct "Successories" store, but then it hit me. I was surrounded by the 7 Habits of Highly Effective People, writ large in color posters.

The one directly across from me read "Sharpen The Saw." It had a picture of a guy running perilously close to the edge of a desert mesa, an odd route for the kind of casual jog he seemed to have going. Beneath the picture, it said "Take care of your most important asset: You!"

I've been thinking about that all day. While I suppose one should take care of himself, and that there is much to be said for balance in life, I'm not sure running near sheer cliffs in windy areas is accomplishing any of that. No doubt, there was a deeper meaning to take from all this, but I was kind of obsessed with the guy in the picture. What a moron! He's out there in the desert, alone, no water, and he's two feet away from certain death while prancing over uneven ground.

So I ask you: What SHOULD the caption have been?

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Tuesday, February 06, 2007

 

Stop me before I cross-post again!


Now that I'm overblogging, I might as well cross-post the blog-overs. Hey, it's all bloggable, in the end. Here's my latest post at Law School Innovation.

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Monday, February 05, 2007

 

The First Day (Again)

It was the first day of classes at Baylor Law, and whhheeeewww, am I whipped. In the morning I have back-to-back classes, sentencing and then oral advocacy.

In Sentencing, there was a real first for me-- all of the students, one way or another, I feel like I know. There are a lot of personalities in there, and it's a great group for the topic.

Oral Advocacy was the usual mayhem. After the introductions, Hulitt Gloer and I addressed the same subject (The Good Samaritan) in two different forms-- the sermon and the closing argument. I gotta say, man, I got my butt whipped. That Hulitt Gloer knows what he is doing.

Which is usually how that class starts. The first year, our third co-conspirator, Randall O'Brien, went first. When he was done, halfway through the first class, he got a standing ovation. That's a tough act to follow, people.

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