Attorney: President Obama denies pardon application from Don Sie - WSFA.com Montgomery Alabama news.

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Attorney: President Obama denies pardon application from Don Siegelman

Former Alabama Governor Don Siegelman. (Source: WBRC file video) Former Alabama Governor Don Siegelman. (Source: WBRC file video)
BIRMINGHAM, AL (WBRC) -

The attorneys for former Alabama Governor Don Siegelman says his application for a pardon has been denied by President Barack Obama.

Siegelman was sentenced to more than six years in prison following his corruption conviction. After initial time spent in a federal facility, the 11th U.S. Circuit Court of Appeals approved his release from prison in 2008 pending his appeal of the conviction. He was returned to finish his sentence in September 2012 as his appeal options dwindled.

Siegelman's attorneys shared the letter from the White House with us. Read it below:

The application for pardon of your client, Mr. Don Eugene Siegelman, was carefully considered in this Department and the White House, and the decision was reached that favorable action is not warranted. Your client’s application was therefore denied by the President on January 18, 2017.  Please advise your client accordingly.

Under the Constitution, there is no appeal from this decision. As a matter of well-established policy, we do not disclose the reasons for the decision in a pardon matter.  In addition, deliberative communications pertaining to agency and presidential decision-making are confidential and not available under existing case law interpreting the Freedom of Information Act and Privacy Act. If your client wishes to reapply for pardon, your client will become eligible to do so five years after the date of the release of the petitioner from confinement. Generally, a pardon petition should not be submitted by a person who is currently incarcerated, on probation, parole, or supervised release. However, you may submit a petition for commutation of sentence any time after one year from the date of the President’s denial of the most recent request. To reapply for a pardon or commutation, a person must complete and submit a new application form that contains current information in response to all questions. Resubmitting the prior application form that was previously denied is not an acceptable form of reapplication.

In a court case in which the Office of the Pardon Attorney (OPA) defended its long-standing practice of declining to release lists of names of persons whose clemency applications have been denied, the federal courts of the District of Columbia rejected OPA’s arguments and ruled that lists of the names of persons who have been denied executive clemency by the President are not protected from public disclosure under the Freedom of Information Act (FOIA). See Lardner v. Department of Justice, 638 F.Supp.2d 14 (D.D.C. 2009), affirmed, Lardner v. United States Department of Justice, No. 09-5337, 2010 WL 4366062 (D.C. Cir. Oct. 28, 2010) (unpublished). Accordingly, your client should be aware that as a result of the Lardner decision, OPA now is obliged to release existing lists of the names of persons who have been denied executive clemency by the President to anyone who requests such records pursuant to the FOIA. 

Copyright 2017 WBRC. All rights reserved.

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