CLEVELAND — Legal analysis: Imprisoned former Ohio House speaker Larry Householder is planning to ask Donald Trump to free him from federal prison after the former president takes office again in January, according to our news partners at Cleveland.com.
Legally speaking, if Householder gets what he wants, incoming President Trump could cut his prison sentence short with a commutation, and essentially forgive Householder’s federal conviction with a pardon.
As of now, Householder has served just 16 months of a 20 year prison sentence for racketeering in connection with FirstEnergy Corp. paying $60 million dollars in bribes to Householder and others to pass legislation and put regulations in place that benefited the energy company.
When asked whether Householder would seek a commutation and pardon, political advisor and attorney Scott Pullins told Cleveland.com: "We will take whatever we can get.”
While a commutation would get householder out of prison, that’s about all it does.
A pardon is a broader former of forgiveness for a federal conviction, typically ranted after someone is out of prison. It would restore Householder’s civil rights.
People are generally required to wait at least 5 years after they’re released from prison to apply for a presidential pardon, pursuant to the Code of Federal Regulations.
The Justice Department’s presidential pardon application, however, says that waiting period can be waived. It also says that waiver is rarely granted, and when it is, it’s only in the most exceptional circumstances... but it's possible.
Pullins said: “We are pursuing all legal avenues to bring Speaker Householder home.”
That includes asking for that waiver. No matter what happens with Householder's clemency application, though, he is still facing state charges tied to the bribery scandal which incoming President Trump won’t be able to protect him from.
Stephanie Haney is licensed to practice law in both Ohio and California.
The information in this article and video is provided for general informational purposes only. None of the information in this article and video is offered, nor should it be construed, as legal advice on any matter.