This is terrible weighing of the costs and benefits of the pardon power. I think Senator Murphy woefully undervalues its utility. /1

In part because the Congress of which he is a part has established no functioning second-look mechanisms for shortening sentences or expunging convictions, commutations and pardons are the only mechanisms for correcting injustices in the federal system. /2

And it's not as if those injustices are rare. Go to any federal correctional facility, and take time to learn who is there and about their cases, and you find literally thousands of people whose sentences were grossly excessive given their offenses. /3

Those people need commutations as a corrective because there is no parole or other second look in place to address that. Some have tried to use compassionate release under the First Step Act, but DOJ tries to block those efforts at every turn and it's a limited option. /4

Presidential commutations are thus the only avenue for these folks. And under President Obama, more than 1,700 regular people (not his cronies) received relief. It was woefully inadequate for the need, but it shows the value of the power. /5