JACKSON, MS (Mississippi News Now) -
With nearly 200 pardons issued by former governor Haley Barbour now declared as valid, including 38 handed out to convicted murders, the legal battle is done with at least for now.
That's just what defense attorney Tom Fortner was hoping for when he first brought the battle to the state supreme court, representing four of the mansion trusties who were pardoned.
"The primary issue here is, can any court review the exercise of the governor's pardon power under these circumstances and our position is that they cannot. It's non reviewable," said Fortner.
That was also the position of six of the nine court justices when the ruling came down.
"I thought the constitution was clear," said Attorney General Jim Hood. The decision was a surprise to Hood, who initially challenged the constitutionality of the pardons contending most of them did not follow 30 day notice procedures.
"What this decision has said is that no governor has to pay any attention to that provision. Basically this court has written out the provision of our constitution that gives us all 30 day notice of a publication of a pardon," said Hood.
Hood says he'll ask the court to reconsider its decision but he's not stopping there. Hood will be pushing for a ballot initiative to allow voters to amend the state constitution in regards to pardon power.
"We're going to have to have an initiative to go in and add at least a sentence to it that says a court shall enforce this provision," said Hood.
While hood agrees the governor should have the power to pardon, it should still be subject to the state constitution, calling Barbour's actions an abuse of that power.
"The governor is not a king. The power doesn't come from the king, it comes from the people up and if the people give you a power and then they take part of it away then it's up to a court to enforce that provision," said Hood.
For those pardoned, it's a restored chance at life with no restrictions, which Hood says leaves victims once again victims.
"Odds tell you that, you know statistically, recidivism rates, that some are going to go out and commit other crimes. I just hope no one else dies as a result of these decisions made by former governor Barbour," said Hood.
Since it's a Mississippi issue, the case can not be appealed any higher than the state supreme court. Hood hopes to have an initiative on the ballot as soon as possible.
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