AG Hunter applauds Trump's pardon of Michael Behenna

Attorney General Hunter Applauds President Trump’s Pardon of Michael Behenna 

OKLAHOMA CITY - Attorney General Mike Hunter today released the following statement, praising President Donald Trump after granting a full pardon for former U.S. Army 1st Lt. Michael Behenna.

The president’s pardon comes weeks after the attorney general renewed his 2018 call for Behenna’s pardon by sending letters to President Trump and Attorney General William Barr, where Attorney General Hunter argued the U.S. Department of Justice regulations interfered with the president’s pardon powers.

“I commend President Trump’s decision to grant a full pardon for Mr. Behenna,” Attorney General Hunter said. “Mr. Behenna served his country with distinction, honor and sacrifice. He has admitted to his mistakes, has learned from them and deserves to move on from this incident without living under its cloud for the rest of his life. My hope is that Michael and the rest of his family can rest easy this evening knowing they can put this tragic situation behind them. 

“Again, I applaud President Trump and his team for acting on Mr. Behenna’s case and giving him back the freedoms he deserves.”

Behenna was convicted in 2009 of killing a suspected terrorist in Iraq while searching for individuals responsible for an IED attack that took the lives of two men under his command. He was paroled in 2014 after serving five years of a 15-year sentence.

A press statement from the White House read in part, “Mr. Behenna’s case has attracted broad support from the military, Oklahoma elected officials, and the public.  Thirty-seven generals and admirals, along with a former Inspector General of the Department of Defense, signed a brief in support of Mr. Behenna’s self-defense claim.  Numerous members of the Oklahoma congressional delegation, Oklahoma’s then-Governor Mary Fallin, and current Oklahoma Attorney General Mike Hunter have also expressed support for Mr. Behenna.  Further, while serving his sentence, Mr. Behenna was a model prisoner.  In light of these facts, Mr. Behenna is entirely deserving of this Grant of Executive Clemency.”

AG Hunter renews pardon request for fmr. Army 1LT Michael Behenna

Attorney General Hunter Renews Pardon Request for Former Army 1st Lt. Michael Behenna

Letters to Pres. Trump, AG Barr, argue that current DOJ regulations interfere with president’s pardon powers

OKLAHOMA CITY – Attorney General Mike Hunter has renewed his call for a presidential pardon for former U.S. Army 1st Lt. Michael Behenna in recent letters sent to President Donald Trump and Attorney General William Barr.

Last year, Attorney General Hunter asked President Trump to grant Behenna a pardon. The Department of Justice (DOJ) subsequently ruled that Behenna was ineligible to even apply for a pardon under its regulations and that he did not merit a waiver.

In the letters, Attorney General Hunter argues that current DOJ regulations wrongly interfere with the president’s broad pardon power under the U.S. Constitution by banning significant numbers of eligible persons, including Behenna, from applying for a pardon.

The DOJ bars all individuals currently incarcerated from applying for a pardon, as well as those who have been released in the last five years and those who are on parole, probation, or supervised release. Behenna will remain on parole until 2024.

Despite the regulations being advisory only, they are used internally for DOJ personnel to determine which applications get forwarded. The rule also states that petitioners may make a written request for a waiver, but the waiver is rarely granted and only in the most exceptional circumstances. All requests for pardons must go through the DOJ.

“The U.S. Constitution gives the president nearly absolute authority to pardon people from federal crimes,” Attorney General Hunter said. “For DOJ officials to use such strict regulations in determining who can even apply, they are interfering with the president’s prerogative and eliminating the ability for hundreds of thousands of eligible people, like Mr. Behenna, to have their case reviewed. I strongly encourage Attorney General Barr to review and revise the regulations to better align with the president’s authority under the Constitution.

“Likewise, I implore President Trump to review Mr. Behenna’s case and strongly consider granting him a pardon. He courageously served his country in combat in Iraq and he has more than paid for his mistakes and misjudgments in attempting to root out terrorism.”

Behenna was convicted in 2009 of killing a suspected terrorist in Iraq while searching for individuals responsible for an IED attack that took the lives of two men under his command. He was paroled in 2014 after serving five years of a 15-year sentence.

Read the letter to President Trump and Attorney General Barr, here: https://bit.ly/2KFyFDJ.

AG Hunter Sends Letter to President, Asking for Behenna Pardon

Attorney General Hunter Sends Letter to President, Asking for Behenna Pardon

General Hunter: Behenna deserves his freedom back

OKLAHOMA CITY – Attorney General Mike Hunter has sent a letter to President Donald Trump, expressing his support for a pardon of former U.S. Army 1st Lt. Michael Behenna.

In 2009, Behenna was convicted of unpremeditated murder in a combat zone after killing a suspected Al Qaeda terrorist in Iraq, while attempting to find individuals responsible for an IED that took the lives of two men in his unit. In 2014, he was granted parole by the U.S. Army Clemency and Parole Board, after serving five years of his 15-year sentence at Fort Leavenworth, Kan.

Attorney General Hunter said without a pardon, Behenna’s punishment will continue outside of prison indefinitely.

“Michael Behenna was a courageous soldier, a great leader and does not deserve to be labeled a convicted felon for the rest of his life,” Attorney General Hunter said. “He has more than paid for the crimes he was convicted of while bravely serving our country in combat. He and his family have gone through enough. I encourage President Trump to act quickly and compassionately by pardoning Behenna, to give him back the freedoms he deserves.”   

In the letter, Attorney General Hunter outlines three factors as to why a pardon is appropriate.

He points specifically to critical errors made during the original court-martial that wrongly affected Behenna’s self-defense arguments; the events taking place during wartime, where Behenna was risking his life to serve the country and attempting to track down terrorists; and Behenna serving his time as a model inmate, which led to his parole at the earliest date possible.

Attorney General Hunter ends the letter encouraging the president to look closely at the case and ask: “Does this situation – with incorrect jury instructions on a key issue and unlawfully withheld evidence – really display the type of justice we believe is appropriate for an otherwise outstanding soldier, who was attempting to protect his country and fellow soldiers from terror attacks?”

Read Attorney General Hunter's letter, here: http://bit.ly/2skKyWu.