DeLay Won’t Seek Pardon From Bush, But Will Take One From Governor Perry
Vince Leibowitz | Jul 23, 2008 | Comments 12
Interesting news from The Hill, via Texans on the Potomac: Tom DeLay will not seek a pardon in an ongoing federal corruption investigation from President George W. Bush–but he will accept a pardon from Texas Governor Rick Perry on the state charges he has been indicted on.
The thing that is especially interesting about this is that it appears DeLay and his lawyer, Dick DeGuerin, (and possibly The Hill newspaper) don’t seem to understand the pardon process in Texas. Odd, since DeGuerin is actually one of the best criminal defense lawyers in Texas:
Texas Gov. Rick Perry (R) would have the power to halt DeLay’s prosecution on state money-laundering charges.
DeLay’s lawyer in Texas, Dick DeGuerin, said he would “love for him to do that” but emphasized that DeLay has not asked for a pardon.
“Usually a pardon is for someone who has done something wrong,” said DeGuerin. “Tom DeLay didn’t do anything wrong.”
In reality, Texas Governor Rick Perry does not have the power to pardon on his own. While his signature ultimately goes on the pardons, the Texas Board of Pardons and Paroles must actually recommend to the governor a pardon, and cannot pardon someone until they are actually found guilty pursuant to Section 48.01 of the Texas Code of Criminal Procedure:
Art. 48.01. GOVERNOR MAY PARDON. In all criminal cases, except treason and impeachment, the Governor shall have power, after conviction, on the written signed recommendation and advice of the Board of Pardons and Paroles, or a majority thereof, to grant reprieves and commutations of punishments and pardons; and upon the written recommendation and advice of a majority of the Board of Pardons and Paroles, he shall have the power to remit fines and forfeitures. The Governor shall have the power to grant one reprieve in any capital case for a period not to exceed 30 days; and he shall have power to revoke conditional pardons. With the advice and consent of the Legislature, the Governor may grant reprieves, commutations of punishment and pardons in cases of treason. [Emphasis added]
In order to actually get a pardon in Texas, DeLay would have to meet two conditions: (1) he would have to be convicted; (2) the Board of Pardons and Paroles would have to recommend it.
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Filed Under: GOP Corruption & Scandals
[...] Vince from Capitol Annex tells us that, while indicted former U.S. House Majority Leader Tom DeLay (R-Sugar Land) won’t accept a presidential pardon, he’d love one from Texas Governor Rick Perry. [...]
[...] Vince from Capitol Annex tells us that, while indicted former U.S. House Majority Leader Tom DeLay (R-Sugar Land) won’t accept a presidential pardon, he’d love one from Texas Governor Rick Perry. [...]
[...] Vince from Capitol Annex tells us that, while indicted former U.S. House Majority Leader Tom DeLay (R-Sugar Land) won’t accept a presidential pardon, he’d love one from Texas Governor Rick Perry. [...]
[...] Vince from Capitol Annextells us that, while indicted former U.S. House Majority Leader Tom DeLay (R-Sugar Land) won’t accept a presidential pardon, he’d love one from Texas Governor Rick Perry. [...]
[...] Vince from Capitol Annex tells us that, while indicted former U.S. House Majority Leader Tom DeLay (R-Sugar Land) won’t accept a presidential pardon, he’d love one from Texas Governor Rick Perry. [...]