Commentary : The Punishment Did Not Fit the Crime : Justice: President Clinton did the right thing, not the political thing, in offering clemency to the ‘Puerto Rican 16.’

There used to be a law in this country: You could only go to jail for a crime you actually committed. There used to be another law, too: The severity of the sentence depended on the severity of the crime. Both made good sense, even to hard-core, law-and-order advocates. But both laws were suspended in the case of 16 Puerto Rican nationalists arrested and sent to prison in the early ‘80s.

In one of the rare cases where he has showed leniency, President Clinton recently offered clemency, under very strict conditions, to the Puerto Rican 16.

His clemency offer was immediately lambasted by Republican leaders Dick Armey of Texas and Dan Burton of Indiana, who accused the president of being soft on crime, supporting terrorism and sucking up to Puerto Ricans only to help his wife’s New York Senate campaign.

Well, on the issue of clemency, Republicans are wrong, and Clinton is right.

First, the facts. Granted, the Puerto Rican 16--11 men and five women--were members of the Armed Forces of National Liberation group (FALN in its Spanish acronym), the principal Puerto Rican separatist organization, held responsible for 130 bombings of political and military offices in the ‘70s and ‘80s that killed six people and left dozens injured. But, law enforcement officers agree, these 16 people were in no way connected to or responsible for those acts of violence. They were arrested, convicted and sent to prison for illegal possession of firearms and transporting stolen vehicles.

Nevertheless, all of them received sentences ranging from 35 years to 90 years in prison--more than drug dealers or even some murderers. By any standard, those sentences are excessive. Thirteen remain in federal prison; all have served at least 14 years in the slammer. Two years ago, all 16 released a joint statement renouncing their previous support of violence.

In brief, these men and women were not terrorists then and are not now. They were simply given a terrorist’s sentence and have served a terrorist’s time.

Given the severity of their sentences and the length of time served, clemency is clearly deserved, especially since Puerto Rican nationalists convicted of far more serious crimes--opening fire on the U.S. House of Representatives and plotting to kill President Harry Truman--were pardoned by President Carter in 1977 and 1979 without conditions.

In fact, if there is any valid criticism of Clinton’s action, it is the conditions on clemency he imposed. Before the Puerto Rican 16 taste freedom, they must first request clemency in writing, publicly renounce violence, agree to meet with parole officers once a month and never meet with anyone with a criminal record. This means they can’t even visit each other--two in the group are sisters--or discuss Puerto Rican independence with other former FALN members. No wonder they did not jump to accept Clinton’s offer. Like the sentences they received, the proposed conditions are excessive. Based on the facts, Clinton should simply grant clemency, no strings attached.

Of course, the most absurd charge of all is that Clinton’s clemency offer is a cheap political trick to help wife Hillary’s Senate campaign. True, the man is not above cheap political tricks. But this is not one of them.

The Hillary charge ignores the fact that legal review of this case has been under way for six years, long before Hillary Clinton dreamed of becoming a candidate. It also ignores the fact that President Clinton was asked to grant clemency by a host of world leaders, including Carter, South African Archbishop Desmond Tutu and Cardinal John O’Connor of New York--hardly members of Hillary Clinton’s steering committee.

Finally, it ignores the reality that Clinton’s clemency offer didn’t satisfy anybody in the Puerto Rican community--neither opponents of independence, who want them to remain in prison, or supporters of independence, who want them released with no conditions. It didn’t even satisfy the Puerto Rican 16. If this is Clinton’s way of helping Hillary, he should be made to cease and desist.

No, as strange as it may seem, in offering clemency to the Puerto Rican 16, Bill Clinton did not do the political thing. He did the right thing.