• This is a political forum that is non-biased/non-partisan and treats every person's position on topics equally. This debate forum is not aligned to any political party. In today's politics, many ideas are split between and even within all the political parties. Often we find ourselves agreeing on one platform but some topics break our mold. We are here to discuss them in a civil political debate. If this is your first visit to our political forums, be sure to check out the RULES. Registering for debate politics is necessary before posting. Register today to participate - it's free!

Cuomo commutes sentence of radical who took part in '81 robbery

Bum

I survived. Suck it, Schrodinger.
Dungeon Master
DP Veteran
Joined
Aug 15, 2017
Messages
17,041
Reaction score
16,402
Location
In a box.
Gender
Male
Political Leaning
Other
ALBANY — Just hours before leaving office, Gov. Andrew M. Cuomo granted clemency to five men, including the commutation of the 75-years-to-life sentence of David Gilbert, a former member of the radical Weather Underground who in 1981 took part in the robbery of a Brink's armored truck in Rockland County that left two Nyack police officers and a security guard dead. Cuomo's action will allow Gilbert to make his case to the parole board. The 76-year-old has been incarcerated for four decades after being convicted of felony murder and robbery. He is currently confined at Shawangunk Correctional Facility, a maximum-security prison in Ulster County, 80 miles south of Albany.


*sigh*......I just dont have the words.
 
ALBANY — Just hours before leaving office, Gov. Andrew M. Cuomo granted clemency to five men, including the commutation of the 75-years-to-life sentence of David Gilbert, a former member of the radical Weather Underground who in 1981 took part in the robbery of a Brink's armored truck in Rockland County that left two Nyack police officers and a security guard dead. Cuomo's action will allow Gilbert to make his case to the parole board. The 76-year-old has been incarcerated for four decades after being convicted of felony murder and robbery. He is currently confined at Shawangunk Correctional Facility, a maximum-security prison in Ulster County, 80 miles south of Albany.


*sigh*......I just dont have the words.

At what point are the commutation and pardoning powers of governors and the President finally going to be scaled back?
 
  • Like
Reactions: Bum
At what point are the commutation and pardoning powers of governors and the President finally going to be scaled back?
I mean, I am sure there are plenty of people ( non violent offenders) that could have honestly benefited from such an action; but this was not one of them.
 
At what point are the commutation and pardoning powers of governors and the President finally going to be scaled back?

In what way?

One should always be wary of doing away with mechanisms that might be used to redress true injustice, especially when based on examples of the mechanism being misused. Having one's shot in court guarantees very little indeed.

I'd err on the side of occasional misuse. Better that then there be no avenue of redress.



One limitation I would be for, however, would be to give some kind of judicial review. Not to every pardon or commutation, but where the issuance of the pardon protects or rewards the issuer. You'd obviously need to craft the standards in play carefully and decide who gets to challenge the pardon. Especially so if the issuer promises the pardon/commutation in advance.

(If it's a prosecutor's office, chances are they'll challenge just about anything ... they'll sometimes even fight to keep people in jail after their DNA excluded them from all samples collected at the scene, on the theory that it's possible to commit crimes without leaving DNA)



I'm not so sure about "this is a bad dude, so there should be a way to stop people like him receiving pardon/commutation"
 
ALBANY — Just hours before leaving office, Gov. Andrew M. Cuomo granted clemency to five men, including the commutation of the 75-years-to-life sentence of David Gilbert, a former member of the radical Weather Underground who in 1981 took part in the robbery of a Brink's armored truck in Rockland County that left two Nyack police officers and a security guard dead. Cuomo's action will allow Gilbert to make his case to the parole board. The 76-year-old has been incarcerated for four decades after being convicted of felony murder and robbery. He is currently confined at Shawangunk Correctional Facility, a maximum-security prison in Ulster County, 80 miles south of Albany.


*sigh*......I just dont have the words.
I noticed that he has to make his case to the parole board. He is not automatically released, but he can make the plea to be released.
 
I mean, I am sure there are plenty of people ( non violent offenders) that could have honestly benefited from such an action; but this was not one of them.
Agreed. Like marijuana dealers or something.
 
ALBANY — Just hours before leaving office, Gov. Andrew M. Cuomo granted clemency to five men, including the commutation of the 75-years-to-life sentence of David Gilbert, a former member of the radical Weather Underground who in 1981 took part in the robbery of a Brink's armored truck in Rockland County that left two Nyack police officers and a security guard dead. Cuomo's action will allow Gilbert to make his case to the parole board. The 76-year-old has been incarcerated for four decades after being convicted of felony murder and robbery. He is currently confined at Shawangunk Correctional Facility, a maximum-security prison in Ulster County, 80 miles south of Albany.


*sigh*......I just dont have the words.
Just like Obama, who pardoned a Puerto Rican terrorist member AND Bradley Manning.
 
In what way?

One should always be wary of doing away with mechanisms that might be used to redress true injustice, especially when based on examples of the mechanism being misused. Having one's shot in court guarantees very little indeed.

I'd err on the side of occasional misuse. Better that then there be no avenue of redress.



One limitation I would be for, however, would be to give some kind of judicial review. Not to every pardon or commutation, but where the issuance of the pardon protects or rewards the issuer. You'd obviously need to craft the standards in play carefully and decide who gets to challenge the pardon. Especially so if the issuer promises the pardon/commutation in advance.

(If it's a prosecutor's office, chances are they'll challenge just about anything ... they'll sometimes even fight to keep people in jail after their DNA excluded them from all samples collected at the scene, on the theory that it's possible to commit crimes without leaving DNA)



I'm not so sure about "this is a bad dude, so there should be a way to stop people like him receiving pardon/commutation"
I don’t have the lists, but I would think that the ”misuses” out weight the true injustices. I’m aware that the sensational ones sell news more than the riighteous pardons. I start with Marc Rich and I am sure that there were previous ones….
 
In what way?

One should always be wary of doing away with mechanisms that might be used to redress true injustice, especially when based on examples of the mechanism being misused. Having one's shot in court guarantees very little indeed.

I'd err on the side of occasional misuse. Better that then there be no avenue of redress.



One limitation I would be for, however, would be to give some kind of judicial review. Not to every pardon or commutation, but where the issuance of the pardon protects or rewards the issuer. You'd obviously need to craft the standards in play carefully and decide who gets to challenge the pardon. Especially so if the issuer promises the pardon/commutation in advance.

(If it's a prosecutor's office, chances are they'll challenge just about anything ... they'll sometimes even fight to keep people in jail after their DNA excluded them from all samples collected at the scene, on the theory that it's possible to commit crimes without leaving DNA)



I'm not so sure about "this is a bad dude, so there should be a way to stop people like him receiving pardon/commutation"
Without all the head scratching, this was just a career, corrupt politician feathering his nest. I could be wrong but I think that Gilberts brother is a DA in the great state of California or has big time connections. Would not supprise me if Cuomo is on the next train to leftist land, with something cushy being planned for his future. Three people are dead, they have been dead for about 40 years, they will always be dead and those responsible should get no mercy.
 
Without all the head scratching, this was just a career, corrupt politician feathering his nest. I could be wrong but I think that Gilberts brother is a DA in the great state of California or has big time connections. Would not supprise me if Cuomo is on the next train to leftist land, with something cushy being planned for his future. Three people are dead, they have been dead for about 40 years, they will always be dead and those responsible should get no mercy.
His son Chesa Boudin, is the district attorney of San Francisco.
 
I noticed that he has to make his case to the parole board. He is not automatically released, but he can make the plea to be released.
Notice how everyone is going to skip right over this key part and just go straight to expressing their confirmed bias.....
 
His son Chesa Boudin, is the district attorney of San Francisco.
Bingo!

Anyone who thinks this is anything other than those in positions of power licking each other's nuts is a complete fool.
 
  • Like
Reactions: Bum
His son Chesa Boudin, is the district attorney of San Francisco.
Well, I was close. Looks to be the begining of the usual "you scratch my back and I will scratch yours". The pond from sea to shinning sea.
 
I find most outgoing Presidents and now ex-gov Cuomo have questionable pardons in their pocket. Trump had A LOT! I don't agree with most of them and this one is no different. As a New Yorker I'm glad Cuomo is gone. Not that I expect any change with Governor Hochul. Politics in NY hasn't changed in decades. But one less blow-hard to listen to.
 
I don't have much of an issue with this one. While I understand that he did kill people, there is information saying that he has changed during his 40 years in jail. This also isn't a pardon, but just simply a chance for him to get out on parole, which would likely be for the rest of or most of the rest of his life, if he even is granted parole.

I do agree with limiting the powers of pardon and clemency given to the President and Governors, but it should be based on whether granting clemency or a pardon is based on personal connections to the President or Governor and then still just be a review for those specific cases (and 7 Degrees of Kevin Bacon shouldn't be the basis for determining a "personal connection") that comes with some level of agreement from other branches. Level of clemency being given should also come into play here as well for how much agreement is needed for such situations.

And no secret pardons.
 
I find most outgoing Presidents and now ex-gov Cuomo have questionable pardons in their pocket. Trump had A LOT! I don't agree with most of them and this one is no different. As a New Yorker I'm glad Cuomo is gone. Not that I expect any change with Governor Hochul. Politics in NY hasn't changed in decades. But one less blow-hard to listen to.
I just had a visit from a daughter and husband. They are both employed and together make a good living. Even so, they live day to day and of course being related to me, absolutely hate the politics in New York. He can take a 20 yr pension which only amounts to 27% of his salary. He so hates the Island with it's changing demographics and the miserable politics and traffic that he is willing to take the drastic loss of income and just get the hell out and come South. We are on the road to three areas of population. The ghetto, the barrio and the suburbs. I forgot about the land of the Mosque's. What happened to the melting pot which made us the greatest?
 
I think anyone who commits felony murder should remain in jail for the rest of their lives
 
He's 76..calm yourselves
 
I don't have much of an issue with this one. While I understand that he did kill people, there is information saying that he has changed during his 40 years in jail. This also isn't a pardon, but just simply a chance for him to get out on parole, which would likely be for the rest of or most of the rest of his life, if he even is granted parole.

I do agree with limiting the powers of pardon and clemency given to the President and Governors, but it should be based on whether granting clemency or a pardon is based on personal connections to the President or Governor and then still just be a review for those specific cases (and 7 Degrees of Kevin Bacon shouldn't be the basis for determining a "personal connection") that comes with some level of agreement from other branches. Level of clemency being given should also come into play here as well for how much agreement is needed for such situations.

And no secret pardons.
So looking at what happened here, he didn't actually kill anyone. He was very wrong for what he did and I support felony murder as a charge, but then there were members of this group who were actually legitimately involved in the killings that occurred (he wasn't) who got less time than he did.


While he did not show any remorse for his actions then, it does sound like, from other reports I've read, that he has since shown such remorse and regret for his involvement.
 
Back
Top Bottom