Executive Clemency Preparation

During my fifth year of confinement, voters elected Bill Clinton to the White House. I had read about his brother, Roger Clinton, who had served time in federal prison for a similar offense to mine. I believed this new presidency might bring about reforms, and the new administration encouraged me.

By then I had already completed a bachelor's degree and I was in the beginning stages of graduate school at Hofstra University. I had built a strong support network, and I hoped the new president would consider me a good candidate for executive clemency.

I learned invaluable lessons while going through that process of preparing a petition for a commutation of sentence. It was a long shot, and I understood the odds against me. Only the president has the power to grant clemency. And the president has many responsibilities competing for his time. To succeed with a clemency petition, a person had better start by defining success—as we recommend with all of our programs.

The Constitutional Basis for Clemency 

The Constitution grants the President the unconditional authority to issue pardons for federal offenses, as outlined in Article II, Section 2. This power stands as a testament to the concept of mercy within the justice system. However, while the President’s power is broad, a formal process exists to ensure fairness and order. Individuals seeking clemency must typically apply through the Office of the Pardon Attorney, which operates under the Department of Justice. 

Before creating a plan for clemency, a person should understand the process. There are different types of executive clemency:

• Pardon 

A pardon forgives a criminal conviction, restoring many rights that were lost due to the offense. However, it doesn’t erase the conviction from a record. Individuals often seek a pardon to regain civil rights, such as voting or holding public office. Typically, the Pardon Attorney requires a person to wait at least five years after completing their sentence before considering a pardon application. This period allows the individual to demonstrate rehabilitation and a commitment to positive change. The Pardon Attorney reviews the application, evaluates the circumstances, and provides a recommendation before the case reaches the President for final consideration. This structured process ensures that clemency decisions are both thoughtful and deliberate.

• Commutation 

A commutation is different from a pardon. It reduces the severity of a sentence. It doesn’t nullify the conviction entirely but may result in early release or a reduction in penalties associated with the sentence—for example, shortening the time remaining in confinement, or eliminating a fine.

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• Amnesty 

This is a broader form of clemency that applies to a group of people rather than individuals. Amnesty is often granted during periods of political or social change and applies to offenses not considered a major threat to public safety.

Understanding which type of clemency aligns with your circumstances is the first crucial step. Each comes with unique application processes and criteria.

Those who want to pursue clemency should define success. To define success, focus on what you can control, not on whether the president grants clemency.  The president will be looking at matters that influence the entire country, and the world. He will not spend too much time thinking about the injustices of a lengthy sentence that an individual is serving. For that reason, it's crucial to contemplate deliberate steps. Clemency is a form of mercy that allows individuals the opportunity to seek forgiveness and redemption for their actions. It provides a chance for them to move forward and lead a productive life. The more you understand about clemency, the more strategically you can engineer a series of tactics that will advance the process. It's one of the reasons we built Prison Professors Talent: We want to provide members of our community with a platform to highlight the reasons that members of our community are worthy of the highest level of liberty, at the soonest possible time. To succeed, take the following steps:

1. Shift Your Mindset

To succeed, you've got to start by defining what it means. I know that you'd like to define success as getting a pardon. But you don't control whether the president will sign a petition for clemency. You succeed by building a process that will make you the best possible candidate for a pardon. One advantage of pursuing a pardon is that it will help you build a stronger mindset, helping you focus on staying productive. No one succeeds by waiting for the government, the system, or even society to define success. We've got to take action, living in the world as it exists, accepting responsibility, and engineering a pathway that will lead to the best possible outcome. If we develop that mindset, pursuing executive clemency will help us engineer a pathway for growth.

2. Educate Yourself on the Process

Take first steps, which is to learn about the clemency process. I immersed myself in understanding its rules, requirements, and nuances. Knowledge will help you navigate complex systems like the criminal justice system, and the process of executive clemency. What are the goals of the Pardon Attorney? What steps will that office follow? If you learn more, you will empower yourself to engineer a more effective strategy. The Department of Justice offers official information on clemency, which outlines how to apply, eligibility criteria, and what constitutes a strong petition.

3. Create a Plan Like a CEO

Pursuing executive clemency begins with a plan, a strategic roadmap that will lead to success—as you define success. Think like a CEO building a business plan:

• Define Your Objectives: What’s your ultimate goal? 
• Identify Key Milestones: What accomplishments will strengthen your clemency application? 
• Reverse Engineer Your Plan: Outline the daily, weekly, and monthly actions that will bring you closer to your goal.

I knew that I could not determine what action the president would take. Instead, I could focus on executing the tactics in the strategy that I laid out. I worked toward advanced degrees, authored books, and tried to memorialize all the ways that I was working to reconcile with society. I tried to build a record that would make me a better candidate for earning freedom, or getting the highest level of liberty at the soonest possible time.

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4. Document Your Journey

While in prison, I documented my progress through journals, academic transcripts, and letters of recommendation or testimonials from influential people.

Build a record that would showcase:

• Evidence of personal growth (e.g., completing educational programs or vocational training). 
• Contributions to others, such as mentorship, volunteering, or community work. 
• Professional and character references that attest to your transformation.

  Remember, what you do today builds your credibility tomorrow.

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5. Build a Network

Build relationships with mentors, educators, and advocates. They can significantly strengthen your application. For me, reaching out to academics, business leaders, and citizens helped to create a support system that validated my efforts.

A strong network can:

• Help you refine your clemency application. 
• Offer guidance and mentorship. 
• Serve as advocates on your behalf.

Don’t be afraid to ask for help—it shows humility and a commitment to growth.

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6. Commit to Daily Execution

To reach big goals, take small, consistent actions. While awaiting clemency or pursuing similar goals, focus on daily habits that support your plan. For me, this meant dedicating hours to reading, writing, and personal development. Your plan is about you. Identify actions that you think will move the needle forward. Commit to those actions daily Whether it’s completing coursework, volunteering, or building life skills, you've got to live as if you're the CEO of your life, and you're responsible for executing the plan.

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7. Never Lose Hope

Although I didn’t succeed in my clemency bid, I gained something far more valuable—resilience. Every setback was an opportunity to learn and adjust my approach. If you don’t succeed the first time, don’t give up. Reevaluate, refine, and try again. I pursued clemency under President Clinton, President Bush, President Obama. Those leaders likely never saw my petition. The effort of pursuing clemency, however, strengthened my resolve. It kept me on track. With President Trump, more opportunities for clemency open.

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Your Path to Transformation

Do not expect the pursuit of clemency to be an overnight process. Creating the application may only take a few hours. Yet the principles that lead to clemency success—planning, accountability, and perseverance—will be ongoing. I think striving for clemency should be something that every person going into the federal system should strive to achieve, but it's an ongoing process. Each person should be willing to take responsibility for developing a plan that will advance prospects for success, knowing that success comes from executing the plan—not from the actions that someone else will take. No one should work harder than you, or invest more than you, on pursuing your liberty. At least that was how I felt while going through 9,500 days in prison.

Self-Reflection Questions: 

1. What steps can you take today to demonstrate personal growth and transformation? 
2. How will you document your progress to strengthen your clemency application or other goals? 

Success comes from being intentional and deliberate. Whether you’re pursuing clemency, building a business, or reclaiming your life after adversity, the tools to succeed are within your reach. Start planning, start acting, and never stop believing in the power of transformation.

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