President Trump to Pardon Pete Rose, Baseball Great & Former Philadelphia Phillie – What Everyone Should Know about Presidential Pardons
President Donald Trump plans to pardon the late Pete Rose, the all time hit leader in Major League Baseball who remains banned from the Pro Baseball Hall of Fame even in death. Rose was 17 time MLB All Star and won World Series Championships with the Cincinnati Reds and Philadelphia Phillies. Rose played four seasons in Philadelphia and allegedly took the Broad Street Subway to Veterans Stadium everyday.
While the pardon may not affect Rose’s admission into the Hall of Fame, it will remove any record his conviction for federal tax evasion which occurred in 1990.
Pete Rose’s Federal Tax Evasion Conviction
In April 1990, Rose entered a plea of guilty to two charges of filing false tax returns and not showing income he received from selling memorabilia along with horseracing winnings. He was sentenced to five months in a prison camp and fined $50,000. Rose was released on January 7, 1991, after having paid $366,041 in back taxes and interest and was required to perform 1,000 hours of community service.
How Common are Presidential Pardons
Presidential Pardons have become hot button issue these days and are always a topic at the end of every Presidential term when a sitting President is leaving office and thereafter ending his political career. Presidents, however, grant pardons throughout their terms and most never receive any press coverage.
Prior to internet and the 24 hour news cycle, the average American only heard about a controversial pardon in local or national newspaper or the nightly news; it was gone the next day and forgotten the following week. Now, however, the list is made public and distributed through social media and various news outlets, all of which are available in the palm of our hands where it can live forever.
While most view pardons as political dynamite, every President has used them during their terms. Since 1900, there have been over 22,000 Pardons given in various forms by US President
Here are things everyone should know about Presidential Pardon
- Only the President can grant federal pardons. Under the Constitution, this power is considered “plenary” and therefore it can not be restricted by other branches of Government (Congress or Judiciary).
This basically means that no person can stop President Trump from granting a pardon. He can give one to anyone, living or deceased, for any federal crime!
- Pardons extend to ONLY Federal Crimes (i.e. all criminal offenses against the United States), except impeachment, but they do not extend to State crimes. Pardons take various forms including commuting or postponing a sentence, remitting a fine or restitution, delaying the imposition of a punishment, and providing amnesty. The pardon power extends to cases involving courts-martial against members of the United States Armed Forces.
Pete Rose was convicted of federal tax evasion. He could not receive a pardon if his offense pertained to state tax returns. In addition, the pardon would automatically enter the baseball hall of fame. MLB is private organization and can include or exclude anyone based on their on rules and regulations.
- A person who receives a pardon does not have to accept it but acceptance is not considered an admission of guilt. If a person refuses a pardon, it simply does not take effect.
Obviously, Rose is dead but most people would not refuse a pardon.
- While the President can grant pardons at any time, a person who seeks a pardon from the President must typically wait 5 years. Under the Department of Justice’s rules governing petitions for executive clemency, there is a minimum waiting period of five years after completion of sentence before anyone convicted of a federal offense becomes eligible to apply for a presidential pardon.
The waiting period begins on the date of the petitioner’s release from confinement. Alternatively, if the conviction resulted in probation or a fine, but no term of imprisonment, the waiting period begins on the date of sentencing.
- To determine whether you are eligible to apply for a presidential pardon, contact the pardon attorney at the following address:
The Office of Pardon Attorney
U.S. Department of Justice
1425 New York Avenue,
N.W. Suite 11000
Washington, D.C. 20530
Include in your letter the date and place of your conviction, the nature of the offense, the sentence you received, when released from prison and/or when released from probation or parole supervision.
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