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According to article II section 2 of the Constitution, the president "shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment."

However, the word "commute" does not appear. Furthermore, according to answers.com on pardon-power:

Thomas http://www.answers.com pardoned ten newspaper printers who had been convicted under the http://www.answers.com Act of 1798. Along with those pardons, Congress voted to remit the printers' fines, suggesting that the original understanding of the president's power did not extend that far.

pardon-power

The legal question then seems to be whether or not the commutation of a prison sentence fall under the legal umbrella of a "reprieve." A reprieve is, as I understand it, a delay in the carrying out of a sentence.

On the other hand, Patrick Fitzgerald's comment from yesterday explicitly accepted that President Bush does have this power.



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18y ago

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