Is Obama’s Drug Clemency a Mirage?

President Obama once promised hope and that is what some non-violent drug offenders have left as they serve draconian “drug war” sentences. But Obama’s offer of clemency may be more mirage than reality, says ex-CIA officer John Kiriakou, who himself was imprisoned for telling the truth about illegal torture.

By John Kiriakou

The federal government’s program to reduce prison sentences for thousands of federal offenders sentenced under draconian drug laws will fail to help almost anybody without the immediate intervention of the White House. In the meantime, thousands of federal drug offenders are stuck in a rut with no end in sight.

The Justice Department announced the Clemency Project in 2014 as a way for drug offenders to argue that their sentences are overly long, and that, if their crimes had been committed today, they would have been given significantly less time in prison. For many federal prisoners, this program is the only chance they have to have some semblance of a real life, to die outside prison walls, or to spend whatever time they may have left with family.

President Barack Obama talks on the phone with President Vladimir Putin of Russia in the Oval Office, March 1, 2013. National Security Advisor Tom Donilon and Deputy National Security Advisor Tony Blinken listen at right. (Official White House Photo by Pete Souza)

President Barack Obama talks on the phone in the Oval Office, March 1, 2013. National Security Advisor Tom Donilon and Deputy National Security Advisor Tony Blinken listen at right. (Official White House Photo by Pete Souza)

The way the program is supposed to operate is that any federal drug offender who meets a strict set of criteria can apply for a sentence reduction. If they meet these criteria, they are assigned an attorney, and that attorney can go before a federal judge and ask for resentencing.

The criteria are that the prisoner must be currently serving a federal sentence in prison and, by operation of law, likely would have received a substantially lower sentence if convicted of the same offense today; the prisoner must be a non-violent, low-level offender without significant ties to large-scale criminal organizations, gangs, or cartels; the prisoner must have served at least 10 years of his sentence; the prisoner must have no significant criminal history; he must have demonstrated good conduct in prison; and he must have no history of violence prior to or during his…

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