BUFFALO, N.Y. (WBEN) An early Christmas present for Former WNY Congressman Chris Collins, who walked out of a Florida prison after receiving a presidential pardon.
Legal expert Paul Cambria said the way a prisoner is released is up to the
Federal Bureau of Prisoners. "I've had a situation where a judge would give me
a release order and I actually went to one of the camps, handed it to the warden.
The warden then called the prisoner and said 'you're out'."
The 70 year old Collins may be pardoned, but he is still convicted. "The pardon essentially relieves him of any punishment, but the conviction still stays," said Cambria.
If Collins is ever asked if he has been convicted, he must answer yes.
A pardon can restore some civil liberties, such as the right to vote and
the right to run for, and hold, public office.
"I really wasn't surprised," said WBEN political strategist Carl Calabrese. "Donald Trump has always been a person who requires loyalty, respects loyalty and Chris Collins was the first member of Congress to endorse him for president, when a lot of people thought Trump was just going through a public relations act to increase his business holdings. Collins gave him a certain level of credibility as a member of Congress. I think Trump marked that down, respected it, appreciated it, and rewarded it with a pardon."
Calabrese noted that up until now, Trump has given few pardons and commutations. Before Tuesday, he had only given 29 commutations and 16 pardons. Calabrese compared it to President Barack Obama. In his eight years in office, Obama gave over 1900 of those types of actions and holds the record for the most pardons and commutations on the last day in office, 330.
Does Calabrese expect more pardons? "He could do it right up until the last day of his administration." That could include members of his family. There are a number of constitutional questions about whether President Trump can pardon himself. Calabrese said no one has been accused of a crime in his family. "If I had to put money down right now, I would say he doesn't pardon himself or family members and sticks with people who have been convicted through the Judiciary system and are serving time or are about to serve time.
