By rgratcliffe
The State Republican Executive Committee is
considering a resolution calling on Gov. Rick Perry to grant a pardon to former U.S. House Majority Leader Tom DeLay on his recent money laundering conviction. But unlike the president a Texas governor does not have sweeping pardon authority.
Thanks to Govs. Ma & Pa Ferguson selling pardons the state Constitution limits the governors pardon authority. Perry can only grant a pardon on the recommendation of a majority of the Board of Pardons and Paroles.
And DeLay would not be elilgible for a pardon under the boards rules:
The Board will consider Full Pardon requests for the following cases:
- Individuals on parole/mandatory supervision/annual report must have been under supervision for at least one (1) year without any violations during the last twelve (12) months.
- Former TDC or TDCJ-ID inmates who have discharged their sentences.
- Probated sentences (completed unless unusual circumstances).
- Suspended sentences (completed).
- Jail sentences (completed).
- Misdemeanor sentences (completed).
Whats not in this list is the fact that the person seeking a pardon also must have exhausted their remedies in court. That means DeLay could not apply until after his appeals are done.
The minimum sentence DeLay faces is five years probation so the earlies he could apply for a pardon would be December 2015 a year after Perrys new term of office expires.
The only other route is a request for a pardon on the grounds of innocence. But that requires two officers of the court of conviction to certify the defendant was wrongfully convicted.
Wouldnt count on the Travis County District Attorneys office doing that.
