EAT THE TURKEY, PARDON O HENRY!

O Henry has been considered an outstanding contributor to American literature. I agree with Grits that instead of pardoning the Thanksgiving turkey, President Obama should have pardoned O Henry.

PRESIDENT QUOTES TEXAS WRITER BUT WON’T PARDON HIM
Oh cruel, bitter irony!

Grits for Breakfast
December 9, 2011

After legendary Austin short-story writer O Henry's pardon was turned down some years back, and given President Obama's own stingy record regarding pardons, it's especially annoying to learn, via PS Ruckman at Pardon Power, that President Obama's speech writers had the gall (or perhaps the philistinism) to include a quote from O Henry in the President's remarks "pardoning" a Thanksgiving turkey.

O Henry, whose pardon application has been on Ruckman's clemency watch list for ages, always claimed he was innocent, but when accused of embezzling $748 from the Austin bank he worked for, he fled to Honduras, returning to face federal charges in 1898 after his wife became terminally ill. In a practice that wouldn't be allowed in today's TDCJ, he "began writing stories to support his young daughter while he was in prison," moving to New York to continue his career after his release.

According to the Houston Chronicle's coverage in 1985, O Henry's (i.e, William Sydney Porter's) federal pardon application, championed by supporters including late-Texas state appellate court Judge Trueman O'Quinn, was turned down at that time because "A pardon isn't complete until it's accepted by the person, and a dead man can't accept it." In other words, Reagan's pardon office refused to issue a posthumous pardon.

As luck would have it, though, last year a Texas Attorney General's opinion cleared the way for the Texas Governor to issue posthumous pardons so that he could give one to Timothy Cole, who was falsely convicted of rape but wasn't exonerated until years after he died in prison. The Texas opinion took head on the question of whether the US President may issue pardons when the recipient is dead and cannot "accept" it: "the United States Supreme Court has since recognized that 'the requirement of consent [to a pardon] was a legal fiction at best' and has generally abandoned the acceptance doctrine since adopting it in 1833. Schick v. Reed, 419 U.S. 256, 261 (1974)." So according to the formal legal advice given to Rick Perry, the President has full authority to issue posthumous pardons and the "acceptance" requirement is a "legal fiction."

Grits has argued previously that Governor Perry would be wise to use his gubernatorial pardon power more generously than usual this Christmas season, both to distinguish himself from his GOP rivals - none of whom presently possess comparable clemency authority - and to highlight President Obama's abysmal clemency record, which even the President's liberal supporters deplore. (Perry's isn't great, but it's better than Obama's, granting clemency in 2003 alone more often than has Obama during his entire tenure.) IMO that'd be good campaign strategy for an incumbent governor looking to burnish his positive image in the holiday season, using the authority of his office to seize press attention for a news cycle or two and to elevate himself above his rivals.

Why not issue a coupla dozen or so gubernatorial pardons as a news hook, then attack Obama for his Scrooge-like clemency practices and for quoting a Texan during his trivializing turkey-pardon who merits a posthumous pardon himself. It would cost him nothing, it's an homage to a revered and influential Texan, and it rebukes Barack Obama after the President used the words of the Texas writer whose pardon was snubbed to commemorate the disingenuous ritual of pardoning a turkey.

Grits says eat the turkey, pardon O Henry!