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Hood: Justices in the majority have to agree: Barbour pardons an abuse of power

Attorney General Jim Hood entertained questions from reporters in his office Friday afternoon about the Mississippi Supreme Court’s decision to uphold the scores of pardons issued by former Gov. Haley Barbour.

He didn’t reveal much beyond what he said in a statement Thursday afternoon. He was disappointed with the ruling. He thinks it sets a dangerous constitutional precedent regarding the separation of powers among the three branches of government. And, he plans on pursuing a ballot initiative to strengthen the newspaper publication requirement related to the pardon process.

Hood did say that if various victims’ rights and law enforcement organizations would prefer a pardon review board be put in place — something several states have — instead of using the ballot initiative to simply force the state’s high court to enforce the publication clause, he would go along with that. He also said more than once that folks who think that Barbour was within his rights to issue as many pardons as he did, would be hard-pressed to deny that it wasn’t an abuse of power.

“Even the justices who voted with the majority realize that,” Hood said.

As for the initiative, Hood wasn’t sure which ballot would be the earliest the initiative could potentially be on. With roughly 120,000 signatures from the five old Congressional districts needed, it would be impossible to get the issue before lawmakers for them to put on November’s ballot before the session ends in late April. After November, Mississippi’s next statewide election will be in 2015.

There is one remedy still available to Hood. He could file a motion for re-hearing, which would entail asking the same court that ruled against him Thursday to reconsider its decision. Hood didn’t slam the door shut on that possibility; he didn’t sound very likely to actually do it, either. Such motions are almost never granted.

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