top of page

Search Results

30 items found for ""

  • Congressional Term Limits | Davenport for Congress

    Congressional Term Limits The United States Congress was never intended to be a career move, a position where you go and build an entrenchment. Congress was designed to give ordinary citizens an opportunity to have a say in their government aside from the vote. CHIP IN Why does Congress need term limits? Entrenched power Members of Congress literally spend the entirety of their term running for their next term, thus their focus is on fundraising, not service. Their position on any issue is pre-determined by party leaders. They can stay in power unchallenged for years by using politically palatable catch phrases to appease their base of support. Hidden agendas Partisan leaders serve their party. At few times during a partisan members' term will he or she serve all of the voters of the United States. ​ Yesterday's vote to expel former Republican Congressman Ron Santos is a clear example of the hidden agendas and why they are so dangerous. Dark money This lack of transparency threatens the integrity of our political process and opens the door for dangerous disinformation campaigns. It also erodes the public's faith that our elected leaders will do what's right, what is in the best interests of the American people. Profiteering Congress literally has a blank check on the American people's check book. Without sound accounting processes, a fiscally conservative approach to spending as well as checks and balances with teeth, we have a clear recipe for fiscal disaster. Having no safeguards in place creates a feeding place for profiteering. The only answer... Demand that Congress immediately pass term limits. An in-depth study finds that five-in-six Americans favor a constitutional amendment to impose term limits on Members of Congress. Idaho Secretary of State "Career Politicians have given us an out-of-control federal government. The only way to gain control over our bloated and intrusive federal government is Term Limits. Term Limits encourage greater citizen participation in government - by ensuring regular turnover in congressional seats."

  • Legislative Agenda | Davenport for Congress

    Legislative Agenda FREE MEANS FREE ACT There was a time when a company advertised a certain product or service as free, it actually meant that product or service was free. Today, free means "read the fine print". So many consumers have suffered because of boilerplate terms of service used by many companies and banks, terms that have been written for them by attorneys who have been hired by huge corporations who have covered their backsides by donating money into various political campaigns. The purpose of this law is to change the balance back where it should be, in favor of the consumer, without whom, these absurdly large and powerful corporations, would not exist. BAN DARK MONEY FROM POLITICS This lack of transparency threatens the integrity of our political process and opens the door for dangerous disinformation campaigns. It also erodes the public's faith that our elected leaders will do what's right and not following orders from their anonymous donors and political backers. ~Martin Heinrich, United States Senator ELIMINATE LIFETIME SCOTUS APPOINTMENTS Members of our nation's highest court should be elected by the voice of the people of the United States and held to the same standards of accountability as the President of the United States, 2 four-year terms. Additionally, the Chief Justice should be a rotating position. Too much power with no accountability serves no one but the power holder. CONGRESSIONAL TERM LIMITS Revisit and put to a vote H.J. Res. 3 to impose term limits on members of the United States Congress. Congress was not designed as a career move but rather as an opportunity for ordinary citizens to serve in office, to present new, different and innovative ideas for a season and then to return home. BALANCED BUDGET AMENDMENT This piece of legislation is common sense. Facing a record deficit while enduring an unsustainable and mounting public debt. We're a month into the fiscal year and we’ve already borrowed $67 billion. This is despite an infusion of revenue from delayed tax collection from California and other areas of the country that had tax payments pushed due to natural disasters. Our debt is rising out of control, and with interest rates this high it is only getting worse. HOMELESSNESS AND POVERTY This is one issue that is very dear to Keith's heart. Decades ago he lived on the streets of several cities. While he wasn't your typical homeless person, by he was homeless nonetheless. These are America's forgotten citizens. Sadly, at least 1/3 of the homeless on the street of America today, are veterans of the United States Armed Forces. No vet should ever be homeless in America... not now... NOT EVER!!!

  • Fiscal Responsibility | Davenport for Congress

    Fiscal Responsibility Watch video The American voters expect the guardians of America's massive budget, the United States Congress, to use our taxpayer's money in a fiscally responsible manner. So, why don't they? Being fiscally responsible is smart Operating a budget as massive as the US budget is a monumental undertaking to be sure. Each election cycle we hire guardians of that budget, expecting that they know what to do to protect it and to spend our money wisely. Then of course, we expect them to do exactly that. So, why doesn't it happen? There are number of reasons that aren't very complicated as we're going to take a look at each of them. GREED - The United States Congress is literally given a blank check and because there is little accountability and oversight outside of their own body, it's easy to pull the wool over taxpayers eyes. The lust for unfettered power goes hand in hand with greed and the ability to command money that most of us could only imagine. How much are we talking about? According to the US Treasury, "we" received $4.44 trillion in FY 2023 to date. Let's take a look at what that really looks like. $4,440,000,000.00 ​ It's hard to really grasp the size of this amount of cash without actually seeing the zeroes! That's our money! So, if its' our money where does it go? ZERO ACCOUNTABILITY - The Late Senator Tom Coburn, R-OK, stated after he left office, that Congress does not have a sound accounting process in place. Explain why it makes any sense to any rational thinking person not to have some sort of accounting process in place to manage such an insanely large amount of money!!! So, let's talk about where the money is going. While Congress is responsible for actually spending our money, the President of the United States is responsible for presenting an annual budget, which supposedly determines the details of those expenditures. President Barack Obama held the record at the time for the largest increase in federal spending in our nation's history. Again, at the time. That record was promptly broken by his predecessor, Donald Trump. In the 8 years Mr. Obama was in office, the debt increased from $10.95 trillion, or approximately $1.2 trillion per year, to a whopping $19.90 trillion when he left office in 2016. In the single four year term of Mr. Trump, the debt rose by unfathomable $8 trillion, or an average $2 trillion increase per year. President Biden is on track to match or beat those records. The current public debt stands at approximately $33.79 trillion and rising. Let's talk about some of those complicated issues that make this situation more dangerous. Findings from the 2023 CBO Long-Term Budget Outlook: Over 30 Years Debt Swamps the Economy. After hitting a historical high of 107 percent of GDP in 2029, federal debt held by the public is projected to reach 181 percent of GDP by the end of 2053. CBO continues to project that spending and revenues will exceed their 50-year historical averages of 21.0 percent and 17.4 percent of GDP, respectively. Over the next 30 years, spending averages 25.7 percent of GDP while revenues average 18.4 percent of GDP. Overall, the growth of spending is projected to outpace the growth of revenues, despite both being above historical averages. [A] Then of course, there's the debt ceiling. So, what in the world is the debt ceiling and how does it work? DEBT LIMIT - The debt ceiling, or debt limit, is the maximum amount of money that the federal government can borrow to meet its existing legal obligations. In 1917, the debt ceiling was created by Congress via the Second Liberty Bond Act. Prior to the creation of the debt ceiling, there were parliamentary limitations on the amount of debt that the government could issue. In 1917 when the debt ceiling was created, we didn't have nearly the massive debt nor were legislators dealing with such an unimaginable size budget. The debt limit or debt ceiling was established to provide borrowing limits. To be clear, it wasn't intended to inhibit spending money. That's what the budget is for. The debt ceiling was intended to inhibit the amount of money that can be borrowed to pay for those debts that have already been authorized by Congress, supposedly in line with the budget for that particular line item. That was its intent. Today, the debt ceiling is nothing more than an apparatus that legislators on both sides of the aisle use to force passage of their own agendas. So, they'll hold hostage people's jobs, people's paychecks as well as the safety and security of American citizens worldwide by failing to pass long term spending legislation. As of November 2023, the US government has been funded by a CR (H.R.6363 ) which will expire in early spring and then they'll start the circus-like negotiation process all over again. Those are just a few of the problems. Let's talk about a few solutions. 1. ELIMINATE THE DEBT CEILING. The apparatus that was put in place to control spending is nothing more than a tool to force their agendas. When they reach the ceiling, they just it... after the negotiations of course! 2. PASS A BALANCED BUDGET AMENDMENT TO THE UNITED STATES CONSTITUTION. Operating within a budget is fiscally sound for smaller budgets like yours and mine. So, how much more the United States budget? Force Congress to operate within the confines of a set budget. This will save taxpayers billions of dollars in interest alone. 3. CONDUCT AN GOVERNMENT AGENCY AUDIT EVERY FOUR YEARS (ODD YEARS ). The American people have a right to expect that our money - ALL OF IT - the money that is not voluntarily given to the government, but that is taken by the government to be used on "our behalf", is used appropriately, properly and in a fiscally sound and legal manner. Just so you know, the United States Department of Defense was given its first audit EVER in 2018 and to no one's surprise, it failed.[B] 4. PASS CONGRESSIONAL TERM LIMITS. This is morally critical to addressing the crises created by people in long term power... career politicians. 5. ELIMINATE THE TAX LOOPHOLES EXPLOITED BY THE WEALTHY. We desperately need to eliminate our current tax code, replacing it with a simple flat, step tax. The more you earn, the more the pay... period! Additionally, the legislation should include (and this won't be popular to some ) an excessive wealth tax. ​ ​ ​ REFERENCES: ​ A - CBO: Projected Record Debt Per Capita Threatens Economic Growth B - Pentagons' First Ever Audit US Debt Clock ​

  • Living Wage | Davenport for Congress

    One of the most effective ways to counter the long term effects of inflation is to raise wages, but more specifically, to replace the minimum wage with a wage that matches the cost of living in America.. A LIVING WAGE. Living Wage v. Minimum Wage The current federal minimum wage is $7.25 per hour. The last time that number changed was July 24, 2009, but the "cost of survival" in America rises every year. Last year we saw a COLA (cost of living adjustment) of 5.2%. Next year it will be much smaller... 3.2% but, the wages still have not moved!​ Is it a matter of money? Do the corporations have enough money to pay their employees more? According to Pay Governance, "CEO pay rebounded +31% in 2010 after -9% and -13% decreases during the financial crisis of 2008 and 2009, respectively. In 2021, we observed the largest CEO pay increase since 2010, which was supported by strong three-year TSR (+29% in 2021, +18% in 2020 and +31% in 2019 )." ​ According to the Economic Policy Institute, "in 2022, CEOs were paid 344 times as much as a typical worker in contrast to 1965 when they were paid 21 times as much as a typical worker. To illustrate just how distorted CEO pay increases have gotten: In 2021, CEOs made nearly eight times as much as the top 0.1% of wage earners in the U.S." So, money certainly is not an issue. So, what is it then? Why hasn't Congress raised the federal minimum wage or better yet, replace it with a living wage?​ GREED! According to Open Secrets, "business interests outspent organized labor 14-to-1 during the 2022 election cycle, including $341.3 million in federal political campaigns." A 2018 report, stated that four in 10 Americans are struggling to pay for their basic needs such as groceries or housing, a problem even middle-class households confront, according to a new study from the Urban Institute. ​In terms of real money, in October 2023, the median listing home price in Los Angeles, CA was $1.2M, trending up 21.3% year-over-year. The median listing home price per square foot was $721. The median home sold price was $968.5K. In Denver Colorado, the median sale price for a home was $554,990 in December 2022, according to the Denver Metro Association of Realtors (DMAR ). (For context, the national median price in December was $366,900 .) In October 2023, the median listing home price in Detroit, MI was $80K, flat year-over-year. The median sale price of a home in Washington, D.C. was $625,000 in July of 2023, according to figures from the District of Columbia Association of Realtors.​ So, real estate prices are all over the board and yet, the federal minimum wage has remained unchanged for 14 years because Congress has not had the wherewithal to do the right thing for the right reasons. The right thing is to eliminate the minimum wage, replacing it with a living wage that automatically adjusts according to upward increases in the cost of living in that particular region.​​​

  • Endorsement | DAVENPORT FOR CONGRESS

    ENDORSEMENT Thank you in advance for endorsing Keith Davenport as the next member of Congress for the 8th Congressional District in the Great State of North Carolina. DAVENPORT FOR CONGRESS 1629 K St. NW, Suite 300 Washington, DC 20006 202-204-2227 Email davenportforcongress@usa.com First Name Last Name Email Message Send Thanks for submitting! *Please e-mail pictures for inclusion.

  • Presidential Clemency | Team Davenport

    Presidential Clemency The President can grant a pardon to a person who was convicted in a United States District Court, the Superior Court of the District of Columbia, or a military court-martial. Generally, a pardon is an expression of forgiveness. A pardon can help eliminate some of the consequences of a conviction. Under Department of Justice rules, there is a five-year waiting period before a person can apply for pardon. The waiting period begins when a person is released from confinement. Or, if there was no prison sentence, the waiting period begins on the date of sentencing. Source: https://www.justice.gov/pardon/apply-pardon Click Here The Department of Justice Provides Specific Rules Governing Executive Clemency Federal Crimes Only Under the Constitution, only federal criminal convictions, such as those adjudicated in the United States District Courts, may be pardoned by the President. 5 Year Waiting Period Under the Department's rules governing petitions for executive clemency, 28 C.F.R. §§ 1.1 et seq., an applicant must satisfy a minimum waiting period of five years before he becomes eligible to apply for a presidential pardon of his federal conviction. Reason for Seeking Pardon In answering question 20, you should state the specific purpose for which you are seeking pardon and, if applicable, attach any relevant documentary evidence that indicates how a pardon will help you accomplish that purpose Effect of a Pardon While a presidential pardon will restore various rights lost as a result of the pardoned offense and should lessen to some extent the stigma arising from a conviction, it will not erase or expunge the record of your conviction. PARDON INFORMATION AND INSTRUCTIONS Information and Instructions on Pardons Please read carefully before completing the pardon application 1. Submit the petition to the Office of the Pardon Attorney All petitions, except petitions relating to military offenses (see paragraph 6 below ), should be emailed to the Office of the Pardon Attorney at USPardon.Attorney@usdoj.gov . While email allows your transmission to be accepted and processed more quickly and allows us to correspond with you more easily, we will also accept mailed materials at the U.S. Department of Justice, Office of the Pardon Attorney, 950 Pennsylvania Avenue, Washington, D.C. 20530. The completed pardon petition must be entirely legible; therefore, please type or print in ink. The form must be completed fully and accurately and notarized in order to be considered. You may attach to the petition additional pages and documents that amplify or clarify your answer to any question. Please do not staple, glue, bind or tape any portion of your petition or supplemental documents. We also will not accept pictures of documents, so they must be scanned on a flatbed scanner and submitted in PDF format if sent electronically. 2. Federal convictions only Under the Constitution, only federal criminal convictions, such as those adjudicated in the United States District Courts, may be pardoned by the President. In addition, the President's pardon power extends to convictions adjudicated in the Superior Court of the District of Columbia and military court-martial proceedings. However, the President cannot pardon a state criminal offense. Accordingly, if you are seeking clemency for a state criminal conviction, you should not complete and submit this petition. Instead, you should contact the Governor or other appropriate authorities of the state where you reside or where the conviction occurred (such as the state board of pardons and paroles) to determine whether any relief is available to you under state law. If you have a federal conviction, information about the conviction may be obtained from the clerk of the federal court where you were convicted. 3. Five-year waiting period required Under the Department's rules governing petitions for executive clemency, 28 C.F.R. §§ 1.1 et seq., an applicant must satisfy a minimum waiting period of five years before he becomes eligible to apply for a presidential pardon of his federal conviction. The waiting period, which is designed to afford the petitioner a reasonable period of time in which to demonstrate an ability to lead a responsible, productive, and law-abiding life, begins on the date of the petitioner's release from confinement. Alternatively, if the conviction resulted in a sentence that did not include any form of confinement, including community or home confinement, the waiting period begins on the date of sentencing. In addition, the petitioner should have fully satisfied the penalty imposed, including all probation, parole, or supervised release before applying for clemency. Moreover, the waiting period begins upon release from confinement for your most recent conviction, whether or not this is the offense for which pardon is sought. You may make a written request for a waiver of this requirement. However, waiver of any portion of the waiting period is rarely granted and then only in the most exceptional circumstances. In order to request a waiver, you must complete the pardon application form and submit it with a cover letter explaining why you believe the waiting period should be waived in your case. 4. Reason for seeking pardon In answering question 20, you should state the specific purpose for which you are seeking pardon and, if applicable, attach any relevant documentary evidence that indicates how a pardon will help you accomplish that purpose (such as citations to applicable provisions of state constitutions, statutes, or regulations, or copies of letters from appropriate officials of administrative agencies, professional associations, licensing authorities, etc .). In addition, you should bear in mind that a presidential pardon is ordinarily a sign of forgiveness and is granted in recognition of the applicant's acceptance of responsibility for the crime and established good conduct for a significant period of time after conviction or release from confinement. A pardon is not a sign of vindication and does not connote or establish innocence. For that reason, when considering the merits of a pardon petition, pardon officials take into account the petitioner's acceptance of responsibility, remorse, and atonement for the offense. 5. Multiple federal convictions If you have more than one federal conviction, the most recent conviction should be shown in response to question 2 of the petition and the form completed as to that conviction. For all other federal convictions, including convictions by military courts-martial, the information requested in questions 2 through 6 of the petition should be provided on an attachment. Any federal charges not resulting in conviction should be reported in the space provided for prior and subsequent criminal record (question 7 ). 6. Pardon of a military offense If you are requesting pardon of a court-martial conviction only, you should submit your completed petition directly to the Secretary of the military department that had original jurisdiction in your case, and listing in your responses to questions 2 through 6 and question 15 of the petition form all pertinent information concerning your court-martial trial and conviction. The addresses for submitting a request for a pardon of a court-martial conviction are as follows: U.S. Army: Secretary of the Army Department of the Army ATTN: OTJAG-CLD Pentagon Washington, DC 20310 U.S. Navy/U.S. Marine Corps: Office of the Judge Advocate General Criminal Law Division (Code 20) 1254 Charles Morris Street S.E., Suite B01 Washington Navy Yard, D.C. 20374 U.S. Air Force: Secretary of the Air Force Attention: AFLOA/JAJR 1500 W. Perimeter Road, Suite 1170 Joint Base Andrews Naval Air Facility, MD 20762 Pardon of a military offense will not change the character of a military discharge. An upgrade or other change to a military discharge may only be accomplished by action of the appropriate military authorities. To apply for a review of a military discharge, you should write to the relevant military branch, at the address listed below: 3 U.S. Army: Army Review Boards Agency 1901 South Bell Street Arlington, Virginia 22202-4508 U.S. Navy/U.S. Marine Corps: Secretary of the Navy Naval Council of Personnel Records 702 Kennon Street, SE Suite 309 Washington Navy Yard, DC 20374-5023 U.S. Air Force: Air Force Review Boards Agency SAS/MRBR 550C Street West Suite 40 Randolph Air Force Base, Texas 78150-4742 7. Additional arrest record In response to question 7, you must disclose any additional arrest or charge by any civilian or military law enforcement authority, including any federal, state, local, or foreign authority, whether it occurred before or after the offense for which you are seeking pardon. Your answer should list every violation, including traffic violations that resulted in an arrest or criminal charge, such as driving under the influence. Your failure to disclose any such arrest, whether or not it resulted in conviction, may be construed as a falsification of the petition. 8. Credit status and civil lawsuits In response to question 14, you must list all delinquent credit obligations, whether or not you dispute them. You must also list all civil lawsuits in which you were named as a party, whether as plaintiff or defendant, including bankruptcy proceedings. You must also list all unpaid tax obligations, whether federal, state, or local. You may submit explanatory material in connection with any of these matters (such as an agreed method of payment for indebtedness). 9. Character references At least three character affidavits must accompany the petition. If you submit more than three, you should designate the three persons whom you consider to be primary references. The affidavit forms provided are preferred. However, letters of recommendation may be substituted if they contain the full name, address, and telephone number of the reference, indicate a knowledge of the offense for which you seek pardon, and bear a notarized signature. Persons related to you by blood or marriage cannot be used as primary character references. 10. Effect of a pardon While a presidential pardon will restore various rights lost as a result of the pardoned offense and should lessen to some extent the stigma arising from a conviction, it will not erase or expunge the record of your conviction. Therefore, even if you are granted a pardon, you must still disclose your conviction on any form where such information is required, although you may also disclose the fact that you received a pardon. In addition, most civil disabilities attendant upon a federal felony conviction, such as loss of the right to vote and hold state public office, are imposed by state rather than federal law, and also may be removed by state action. Because the federal pardon process is exacting and may be more time-consuming than analogous state procedures, you may wish to consult with the appropriate authorities in the state of your residence regarding the procedures for restoring your state civil rights. 11. Scope of investigation Pardon officials conduct a very thorough review in determining a petitioner's worthiness for relief. Accordingly, you should be prepared for a detailed inquiry into your personal background and current activities. Among the factors entering into this determination are the nature, seriousness and recentness of the offense, your overall criminal record, any specific hardship you may be suffering because of the conviction, and the nature and extent of your post-conviction involvement in community service, or charitable or other meritorious activities. We encourage you to submit information concerning your community contributions. 12. Penalty for false statements The failure to fully and accurately complete the application form may be construed as a falsification of the petition, which may provide a reason for denying your petition. In addition, the knowing and willful falsification of a document submitted to the government may subject you to criminal punishment, including up to five years’ imprisonment and a $250,000 fine. See 18 U.S.C. §§ 1001 and 3571. 13. Exclusive Presidential authority The power to grant pardons is vested in the President alone. No hearing is held on the pardon application by either the Department of Justice or the White House. You will be notified in writing directed to the last address you provided during the pardon process when a final decision is made on your petition. There is no appeal from the President's decision to deny a clemency request. The Office of the Pardon Attorney does not disclose information regarding the nature or results of any investigation that may have been undertaken in a particular case, or the exact point in the clemency process at which a particular petition is pending at a given time. As a matter of well-established policy, the specific reasons for the President's decision to grant or deny a petition generally are not disclosed by either the White House or the Department of Justice. In addition, documents reflecting deliberative communications pertaining to presidential decision-making, such as the Department's recommendation to the President in a clemency matter, are confidential and not available under the Freedom of Information Act. If your petition is denied, you may submit a new petition for consideration two years from the date of denial. For more information, please see our Frequently Asked Questions page at https://www.justice.gov/pardon/frequently-asked-questions PRIVACY STATEMENT FOR PARDONS IMPORTANT NOTICE To Applicants for Pardon The following notice is provided pursuant to the Privacy Act of 1974 to help you to understand what is involved in petitioning for pardon and why we need to obtain certain information about you. The information that we request from you on the accompanying pardon application form, and in any ensuing background investigation, is needed to develop the basis for an informed judgment about whether you should be granted a pardon. This is our only purpose in asking you to complete and sign the application and, if necessary, requesting that an investigation be made into your character and activities. You are under no obligation to furnish any information. However, if you do not provide all the information requested, we may be unable to process your application. Failure to provide your Social Security number will not prejudice your case. Our authority for requesting the information solicited in the accompanying pardon application form is the United States Constitution, Article II, Section 2 (the pardon clause); Orders of the Attorney General Nos. 1798-93, 58 Fed. Reg. 53658 and 53659 (1993), 2317-2000, 65 Fed. Reg. 48381 (2000), and 2323-2000, 65 Fed. Reg. 58223 and 58224 (2000), codified in 28 C.F.R. §§ 1.1 et seq. (the rules governing petitions for executive clemency); and Order of the Attorney General No. 1012-83, 48 Fed. Reg. 22290 (1983), as codified in 28 C.F.R. §§ 0.35 and 0.36 (the authority of the Office of the Pardon Attorney). In the course of investigating your application, an agent of the United States Government may interview you and those persons who have executed character affidavits or written letters of reference on your behalf. In addition, neighbors, former and present employers, associates, and other individuals who may be able to provide relevant information concerning you may be interviewed. While such inquiries are made discreetly and a reasonable effort is made not to disclose the underlying nature of the investigation, we cannot assure you that the reason for the inquiry will not become known to some or all of the persons interviewed. Moreover, pursuant to long-standing policy, this office would, if asked, confirm that a specific individual has applied for or was granted or denied clemency. After the President has taken favorable final action on an application, a public affairs notice is prepared describing each grant of clemency (such a notice may be prepared for a denial of clemency in cases of substantial public interest). A copy of each warrant of clemency is maintained in this office as a public and official record. Copies of the public affairs notices, clemency warrants, and lists of recent clemency recipients are routinely made available to the public upon request. Executive clemency files are compiled and maintained to assist the President in exercising his constitutional pardon power and are routinely made available to him, members of his staff, and other government officials concerned with clemency proceedings. The Pardon Attorney may disclose the contents of executive clemency files to anyone when the disclosure is required by law or the ends of justice. In particular, public record documents that may be compiled in the course of processing a clemency application, such as the judgment order from the criminal case for which pardon is sought, trial or sentencing transcripts, court opinions, and newspaper articles, are generally made available upon request by third-parties (including representatives of the news media) pursuant to the Freedom of Information Act, unless such disclosure could reasonably be expected to constitute an unwarranted invasion of the petitioner's personal privacy. In addition, unsolicited Congressional correspondence is treated in the same manner. On the other hand, non-public documents that may be compiled in the course of processing a clemency application, such as the petition and supporting documents, the presentence investigation report, the results of any background investigation, and the report and recommendation of the Department of Justice to the President, are not generally available under the Freedom of Information Act. The foregoing rules apply to the disclosure of documents in the possession of the Department of Justice. However, the President and his immediate staff are not subject to the constraints of the Freedom of Information and Privacy Acts. Accordingly, while clemency-related documents in the possession of the White House traditionally have not been made public, they may be legally disclosed at the discretion of the President. In addition, clemency-related documents retained by the White House at the end of a presidential administration will become part of the President's official library, where they become subject to the disclosure provisions of the Presidential Records Act. Moreover, in accordance with the ruling by the federal court of the District of Columbia in Lardner v. Department of Justice, 638 F.Supp.2d 14 (D.D.C. 2009), affirmed, Lardner v. United States Department of Justice, No. 09-5337, 2010 WL 4366062 (D.C. Cir. Oct. 28, 2010) (unpublished), the Office of the Pardon Attorney is obliged to release existing lists of the names of persons who have been denied executive clemency by the President to anyone who requests such records pursuant to the Freedom of Information Act. Given the frequency of such requests, the Office of the Pardon Attorney has started to proactively disclose the names of persons who have been denied executive clemency by the President on our website, in accordance with our Freedom of Information Act obligations. RULES GOVERNING PETITIONS FOR EXECUTIVE CLEMENCY PART I - EXECUTIVE CLEMENCY Sec. 1.1 Submission of petition; form to be used; contents of petition. 1.2 Eligibility for filing petition for pardon. 1.3 Eligibility for filing petition for commutation of sentence. 1.4 Offenses against the laws of possessions or territories of the United States. 1.5 Disclosure of files. 1.6 Consideration of petitions; notification of victims; recommendations to the President. 1.7 Notification of grant of clemency. 1.8 Notification of denial of clemency. 1.9 Delegation of authority. 1.10 Procedures applicable to prisoners under a sentence of death imposed by a United States Court. 1.11 Advisory nature of regulations. Authority: U.S. Const., Art. II, Sec. 2; authority of the President as Chief Executive; and 28 C.F.R. §§ 0.35, 0.36. § 1.1 Submission of petition; form to be used; contents of petition. A person seeking executive clemency by pardon, reprieve, commutation of sentence, or remission of fine shall execute a formal petition. The petition shall be addressed to the President of the United States and shall be submitted to the Pardon Attorney, Department of Justice, Washington, D.C. 20530, except for petitions relating to military offenses. Petitions and other required forms may be obtained from the Pardon Attorney. Petition forms for commutation of sentence also may be obtained from the wardens of federal penal institutions. A petitioner applying for executive clemency with respect to military offenses should submit his or her petition directly to the Secretary of the military department that had original jurisdiction over the court-martial trial and conviction of the petitioner. In such a case, a form furnished by the Pardon Attorney may be used but should be modified to meet the needs of the particular case. Each petition for executive clemency should include the information required in the form prescribed by the Attorney General. § 1.2 Eligibility for filing petition for pardon. No petition for pardon should be filed until the expiration of a waiting period of at least five years after the date of the release of the petitioner from confinement or, in case no prison sentence was imposed, until the expiration of a period of at least five years after the date of the conviction of the petitioner. Generally, no petition should be submitted by a person who is on probation, parole, or supervised release. § 1.3 Eligibility for filing petition for commutation of sentence. No petition for commutation of sentence, including remission of fine, should be filed if other forms of judicial or administrative relief are available, except upon a showing of exceptional circumstances. § 1.4 Offenses against the laws of possessions or territories of the United States. Petitions for executive clemency shall relate only to violations of laws of the United States. Petitions relating to violations of laws of the possessions of the United States or territories subject to the jurisdiction of the United States should be submitted to the appropriate official or agency of the possession or territory concerned. § 1.5 Disclosure of files. Petitions, reports, memoranda, and communications submitted or furnished in connection with the consideration of a petition for executive clemency generally shall be available only to the officials concerned with the consideration of the petition. However, they may be made available for inspection, in whole or in part, when in the judgment of the Attorney General their disclosure is required by law or the ends of justice. § 1.6 Consideration of petitions; notification of victims; recommendations to the President. (a) Upon receipt of a petition for executive clemency, the Attorney General shall cause such investigation to be made of the matter as he or she may deem necessary and appropriate, using the services of, or obtaining reports from, appropriate officials and agencies of the Government, including the Federal Bureau of Investigation. (b)(1) When a person requests clemency (in the form of either a commutation of a sentence or a pardon after serving a sentence) for a conviction of a felony offense for which there was a victim, and the Attorney General concludes from the information developed in the clemency case that investigation of the clemency case warrants contacting the victim, the Attorney General shall cause reasonable effort to be made to notify the victim or victims of the crime for which clemency is sought: (i) That a clemency petition has been filed; (ii) That the victim may submit comments regarding clemency; and (iii) Whether the clemency request ultimately is granted or denied by the President. (2) In determining whether contacting the victim is warranted, the Attorney General shall consider the seriousness and recency of the offense, the nature and extent of the harm to the victim, the defendant's overall criminal history and history of violent behavior, and the likelihood that clemency could be recommended in the case. (3) For the purposes of this paragraph (b), "victim" means an individual who: (i) Has suffered direct or threatened physical, emotional, or pecuniary harm as a result of the commission of the crime for which clemency is sought (or, in the case of an individual who dies or was rendered incompetent as a direct and proximate result of the commission of the crime for which clemency is sought, one of the following relatives of the victim (in order of preference): the spouse; an adult offspring; or a parent); and (ii) Has on file with the Federal Bureau of Prisons a request to be notified pursuant to 28 CFR § 551.152 of the offender's release from custody. (4) For the purposes of this paragraph (b), "reasonable effort" is satisfied by mailing to the last-known address reported by the victim to the Federal Bureau of Prisons under 28 CFR § 551.152. (5) The provisions of this paragraph (b) apply to clemency cases filed on or after September 28, 2000. (c) The Attorney General shall review each petition and all pertinent information developed by the investigation and shall determine whether the request for clemency is of sufficient merit to warrant favorable action by the President. The Attorney General shall report in writing his or her recommendation to the President, stating whether in his or her judgment, the President should grant or deny the petition. § 1.7 Notification of grant of clemency. When a petition for pardon is granted, the petitioner or his or her attorney shall be notified of such action and the warrant of pardon shall be mailed to the petitioner. When commutation of sentence is granted, the petitioner shall be notified of such action and the warrant of commutation shall be sent to the petitioner through the officer in charge of his or her place of confinement, or directly to the petitioner if he/she is on parole, probation, or supervised release. § 1.8 Notification of denial of clemency. (a) Whenever the President notifies the Attorney General that he has denied a request for clemency, the Attorney General shall so advise the petitioner and close the case. (b) Except in cases in which a sentence of death has been imposed, whenever the Attorney General recommends that the President deny a request for clemency and the President does not disapprove or take other action with respect to that adverse recommendation within 30 days after the date of its submission to him, it shall be presumed that the President concurs in that adverse recommendation of the Attorney General, and the Attorney General shall so advise the petitioner and close the case. § 1.9 Delegation of authority. The Attorney General may delegate to any officer of the Department of Justice any of his or her duties or responsibilities under §§ 1.1 through 1.8. § 1.10 Procedures applicable to prisoners under a sentence of death imposed by a United States District Court. The following procedures shall apply with respect to any request for clemency by a person under a sentence of death imposed by a United States District Court for an offense against the United States. Other provisions set forth in this part shall also apply to the extent they are not inconsistent with this section. (a) Clemency in the form of reprieve or commutation of a death sentence imposed by a United States District Court shall be requested by the person under the sentence of death or by the person's attorney acting with the person's written and signed authorization. (b) No petition for reprieve or commutation of a death sentence should be filed before proceedings on the petitioner's direct appeal of the judgment of conviction and first petition under 28 U.S.C. § 2255 have terminated. A petition for commutation of sentence should be filed no later than 30 days after the petitioner has received notification from the Bureau of Prisons of the scheduled date of execution. All papers in support of a petition for commutation of sentence should be filed no later than 15 days after the filing of the petition itself. Papers filed by the petitioner more than 15 days after the commutation petition has been filed may be excluded from consideration. (c) The petitioner's clemency counsel may request to make an oral presentation of reasonable duration to the Office of the Pardon Attorney in support of the clemency petition. The presentation should be requested at the time the clemency petition is filed. The family or families of any victim of an offense for which the petitioner was sentenced to death may, with the assistance of the prosecuting office, request to make an oral presentation of reasonable duration to the Office of the Pardon Attorney. (d) Clemency proceedings may be suspended if a court orders a stay of execution for any reason other than to allow completion of the clemency proceeding. (e) Only one request for commutation of a death sentence will be processed to completion, absent a clear showing of exceptional circumstances. (f) The provisions of this § 1.10 apply to any person under a sentence of death imposed by a United States District Court for whom an execution date is set on or after August 1, 2000. § 1.11 Advisory nature of regulations. The regulations contained in this part are advisory only and for the internal guidance of Department of Justice personnel. They create no enforceable rights in persons applying for executive clemency, nor do they restrict the authority granted to the President under Article II, Section 2 of the Constitution. Published in the FEDERAL REGISTER of the National Archives and Records Administration of the United States, October 18, 1993, Vol. 58, No. 199, at pages 53658 and 53659; as amended by a publication in the FEDERAL REGISTER of the National Archives and Records Administration of the United States, August 8, 2000, Vol. 65, No. 153, at page 48381; and as amended by a publication in the FEDERAL REGISTER of the National Archives and Records Administration of the United States, September 28, 2000, Vol. 65, No. 189, at pages 58223 and 58224, 28 CFR §§ 1.1 et seq. See also 28 CFR § 0.35 Updated November 23, 2018

  • AntiTrust Laws | DAVENPORT FOR CONGRESS

    Anti-Trust Anti-trust laws promote vigorous competition and protect consumers from anticompetitive mergers and business practices. The FTC's Bureau of Competition, working in tandem with the Bureau of Economics, enforces the antitrust laws for the benefit of consumers. Guide to AntiTrust Laws WE MUST CREATE COMPETITION AGAIN IN AMERICA! When the vast majority of consumer revenues are received and controlled by a small number of companies and when, those companies are so large they're considered too "big to fail", and when those companies aren't concerned about the level of service or the prices they charge... then we have a very real anti-trust issue. It is time... past time... to break up these huge companies including Facebook, Google, Amazon, WalMart, as well as credit card companies like Synchrony Bank, that prey on consumers with sub prime credit scores. ​ They have no one at their level to compete and thus, the consumer is fair game for them and their unethical tactics.

  • CONTACT | Davenport for Congress

    Say Hello Subscribe to our newsletter • Don’t miss out! First name Last name Email Join Thanks for subscribing! Share your opinion on legislation E-Mail Keith 1629 K St. NW, Suite 300 Washington, DC 20006 By Appointment Only Phone 202-204-2227 Email davenportforcongress@usa.com First Name Last Name Email Message Send Thanks for submitting!

  • PRIORITIES | Davenport for Congress

    Be Sure To Chip In Now PRIORITIES Homelessness and Poverty This issue is very personal to Keith Davenport. Many years ago, he lived on the streets of several major cities in America. The numbers are rising. Fiscal and Budget Eliminate the debt ceiling, pass a balanced budget amendment to the Constitution and impose term limits on the United States Congress. Crime, Safety and Security This issue should not be a partisan one because crime in America affects everyone, in some manner or another. Everyone!!! Living Wage The minimum wage has not kept pace with the "cost of survival" in America. It's time to replace it with a living wage, that adjusts according to the costs in that region. Taxes Eliminate our antiquated tax code that allows the wealthy to take advantage of loopholes in the law. Replace with a simple flat, step tax. Congressional Term Limits It is past time to impose term limits on all members of the US Congress. Serving in Congress was not designed to be a career which creates "entrenched power", but rather a season of service.

  • Change How we Elect the President | Davenport for Congress

    Change how we elect the President The Founding Fathers established the Electoral College, in part, as a compromise between the election of the President by a vote in Congress and election of the President by a popular vote of qualified citizens. However, the term “electoral college” does not appear in the Constitution. Article II of the Constitution and the 12th Amendment refer to “electors,” but not to the “electoral college.” Read more... Electoral College vs. Popular Vote Most states will continue to be ignored because of state winner-take-all laws (awarding all of a state's electoral votes to the candidate receiving the most popular votes inside each separate state ). More than two thirds of the states are typically ignored during the bulk of a general election campaign. Read More... ​ More than half of all presidential campaign events will be in a handful of states. Most likely those states will include Pennsylvania, Arizona, Nevada, Minnesota, Michigan, Wisconsin and North Carolina. ​ Instead of a federalized presidential election process, the U.S. Constitution leaves it to each state to choose its method of selecting its presidential electors. Article II says, "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors...." Besides the elimination of the Electoral College in favor of a 1 person = 1 vote system, it is necessary to change who qualifies to even serve. As the Commander in Chief of the United States Armed Forces, a president or candidate for president and vice president should have served in the US Armed Forces and must have been discharged honorably. The candidate must not have reached their 70th birthday on Inauguration Day. The candidate must disclose at the time of the filing of their candidacy for president or vice president, any public holdings in addition to their most recent 5 years of personal and business (if applicable ) tax returns. In addition, that candidate must divest themselves of all personal and corporate stock holdings with a stock purchase ban imposed for a period of at least five years after the term of their presidency ends. ​ In light of recent events, we need also to invoke a ban of anyone who has been convicted of a felony to serve as our nation's Commander in Chief. The President of the United States must be held to the absolute highest standards of honor, integrity and character. Yes... character matters! ​ While we're on the subject of the Electoral College, the primary reason why Republicans have vigorously opposed statehood for Washington, DC is because the vast majority of its 712,816 citizens is African-American and they tend to vote for the Democratic candidate. It is time to grant citizenship to the citizens whose mantra is "taxation without representation" . It's not a partisan, political issue; At least it shouldn't be. It's a matter of doing the right thing just because it's the right thing to do regardless of which side of the aisle you sit! ​ So, the last thing we need to address is congressional redistricting. Any congressional redistricting changes should be at the approval, by vote of the people impacted by those changes.

  • Crisis at the Borders | Davenport for Congress

    Crisis at America's Borders Watch the video Untold Stories Untold Stories Untold Stories These problems are married to each other This is one of those extremely complicated problems that you can't just "policy" away. A political talking point won't nearly address the complexity of the relationship between America's gang culture, crime, drugs and our borders. ​ What people on the right won't tell you is that the problem isn't people migrating to the United States. The vast majority of the people who attempt to immigrate to the United States do so because they're fleeing extreme violence and crime in their own nations. So, that's another of those complexities that politicians fail to address... how do we address the problems that are resulting in the large numbers of people seeking asylum in America? ​ We can't ignore the problems behind these people by simply implementing policies in front of them that inhibit their ability to enter the United States. To be clear, what these people... men, women and children... are fleeing is much worse than the dangers they face just to get to the border. Then, they face the unknown, depending the administration in power. ​ First things first... make DACA the law of the land. Secondly, create a humane process for addressing the needs of the people crossing our borders. That policy should include a means to ferret out bad actors, if there are any without violating anyone's civil rights. Just because they're not Americans doesn't mean they don't have the same civil or human rights as anyone else. Create a pathway to citizenship. ​ The Department of State, CIA, Homeland Security, FBI and ICE should work with their counterparts in the nations from which the immigrants are fleeing to address the problems which are the causation of the large numbers of its citizens needing to flee. It's not a problem composed of a singular issue but a singular issue with a plethora of complex problems.

bottom of page