Bobby Scott Goes 3 for 3 for Presidential Pardon Requests, Including Two Black Women; Biden Pardons Harry Dunn, Former Cops; Youngkin, Miyares on Waverly Two

Jan 20, 2025

➳ Today is Jan. 20, 2025, the Martin Luther King, Jr. Holiday
➳ Today is Inauguration Day, Jan. 20, 2025
➳ There are 148 days until the June 17, 2025 primary in Virginia

Black Virginia News is giving you vital news and information on the Black community in Virginia. We give you facts others ignore. Thank you to all of our subscribers! Please support unbossed indy news in Virginia. Thank you!
Follow us on 🦋 BlueSky

Stage is Set for Hundreds of Executive Orders as Trump Returns to The White House

Trump returns to power today after an indoor swearing in ceremony in the U.S. Capitol Rotunda and the Capitol Visitors Center.

Rep. Scott Goes 3 for 3 in Pardon Requests in the Final Hours of President Biden’s Presidency

Congressman Bobby Scott advocated for the pardons/commutations of three Virginians — and was successful with all three of his requests. They included two Black women: Kemba Smith Pradia and Michelle West and the 58th Speaker of the House of Delegates, Don Scott.

The U.S. criminal justice system has long been more punitive regarding prosecution of Black defendants. From stop-and-frisk stops, to longer sentences for the same crimes, to the racist application of the death penalty to police brutality: Numbers don’t lie.

The pardons of Speaker Don Scott and Kemba Smith and the commutation of Michelle West was the result of lengthy behind the scenes efforts by Rep. Bobby Scott’s office and others. As Black Virginia News discovered after asking other members of Congress about the status of their pardon requests it was surprising to learn how many will not be granted by the president.

RELATED: The Disparate Treatment of Black Americans in the Criminal Justice System

This morning (Jan. 20, 2025) President Biden announced pre-emptive pardons certain to be challenged in court. But the stakes are high after the repeated threats by Donald Trump regarding an “enemy within” and threats of prosecution against political opponents, President Biden is “going big” on the pardon power and protecting specific individuals before walking out of The White House for the final time.

Don Scott, Kemba Smith and Michelle West

“I am pleased to see this morning’s announcement that he [Biden] issued pardons for Don Scott, Jr., Speaker of the Virginia of Delegates, and Kemba Smith Pradia, as well as a commutation for Michelle West. I personally weighed in with President Biden and the White House on each of these clemency applications over the last several months,” Rep. Scott stated in a press release yesterday.

Mass Incarceration in the U.S.

The stories behind the Virginia pardons are a reflection of the history of race and incarceration in the U.S. and how it impacts the lives of Black Americans, particularly in the South. In the 1990s, Don Scott was hit with a ten year sentence for a non-violent offense though he was a first time offender and severed in the U.S. Navy. Another one of Congressman Scott’s requests, a commutation ask for Michelle West, who was sentenced to a lengthy mandatory minimum jail sentence.

Much of the policy behind lengthy sentencing and mandatory punishments was created in the 1980s and 1990s because politicians gain big political benefit from bragging about being “tough on crime.” The push to be ultra-punitive and in 100% in support of police has very few political drawbacks. The problem over decades is that policies such as mandatory sentencing, and “broken windows” and “stop and frisk” have not been proven to actually reduce crime.

Kemba Smith Pradia

One of Congressman Scott’s pardon request recipients, Kemba Smith Pradia, was sentenced to 24.5 years. Why? Because she was in a relationship with a drug trafficker and found herself charged and held liable for the entire quantity of drugs charged in the conspiracy against her boyfriend. The issue became to be known as “the girlfriend problem” in criminal sentencing.

“Ironically, that girlfriend usually ends up being sentenced to a lengthier prison term than the actual operators of the drug conspiracy because they are unable to provide substantial assistance to the prosecution to reduce their sentence. This is what occurred in Kemba’s case,” Rep. Scott said in his Jan. 19, 2025 statement on the pardons.

Michelle West and Mandatory Minimums

Even though Michelle West had no criminal history, because of mandatory minimums, she served 30 years in federal prison. West was charged with drug conspiracy, money laundering, and aiding and abetting a role in a drug-related homicide.

The individual who actually pulled the trigger was given total immunity in the case and regarding the homicide and only served 15 months.

“Ms. West’s case is a horrific example of how mandatory minimum sentences are counterproductive and unjust. I applaud President Biden for commuting her sentence and recognizing that Ms. West has rehabilitated and can now positively contribute to our society,” wrote Rep. Scott yesterday.

Latest 🎙️ Podcast: Speaker Don Scott is pardoned by President Joseph Biden

Latest 🎙️ Podcast: Congresswoman Jennifer McClellan on the fight ahead as Trump returns

Claiborne and Richardson: Youngkin and Miyares Continue the “You’re Guilty Because I Say So” Rule For Black Men

On January 17, President Biden commuted the sentences of 2,500 people convicted of nonviolent drug offenses - more than any other President in history. The list included two men from Virginia who were sentenced to life in prison: Ferrone Claiborne and Terence Richardson.

“In 2000, federal prosecutors launched an investigation into the case, and in 2001 a jury found them NOT GUILTY of murdering Officer Gibson; however, the presiding judge sentenced both men to life in prison based on their original pleas,” — Life After Justice.org

Above: Ferrone Claiborne and Terence Richardson

According to their attorney, in 1998 Ferrone Claiborne and Terence Richardson accepted a plea deal and plead guilty to murder to avoid the death penalty in the case of the murder of Waverly Police Officer Allen Gibson, Jr.

But a federal jury later cleared both Claiborne and Richardson of murder, though they were later convicted on federal drug charges.

With the state’s acquittal on murder but conviction on drug charges, a ten year mandatory minimum sentence was the expected sentencing for Claiborne and Richardson. However in 2001, a federal Judge instead sentenced Ferrone Claiborne and Terence Richardson to life in prison.

Both Claiborne and Richardson insisted they had nothing to do with the death of Waverly Police Officer Allen Gibson, Jr. Perhaps more importantly, their attorney pointed to evidence they had nothing to do with the murder of the Waverly Police Officer.

“Less than 24 hours after the officer was shot, there was a photo lineup conducted, and a witness identified another suspect. The suspect that the witness identified matched the description that Officer Gibson gave in his dying declaration,” defense attorney Jarrett Adams told WWBT Richmond in an interview in 2022.

But when The White House announced clemency for Ferrone Claiborne and Terence Richardson, Gov. Youngkin and Attorney General Miyares flipped out, defining the two as “violent drug offenders” who “admitted” being responsible for “brutally killing Officer Allen Gibson” regardless of there being no conviction confirming their guilt.

Below: A documentary featuring attorney Jarret Adams on the case of Ferrone Claiborne and Terence Richardson was created in 2021

Former Virginia Attorney General Mark Herring supported clemency for Ferrone Claiborne and Terence Richardson. But when Herring left office in 2022, new Attorney General Jason Miyares loudly reversed that idea.

Perhaps sensing that no one would review the case details or care about the role of how prosecutors use leverage to compel individuals to admit to crimes they didn’t commit, Gov. Youngkin and Attorney Miyares simply linked Ferrone Claiborne and Terence Richardson to a story related to the murder of a police officer, brand them as cop killers, and let the media do the rest.

In a frothing at the mouth statement in part entitled “Biden’s Last Minute Clemency for Cop Killer and Accomplice,” Miyares’ statement left out the facts behind the plea bargain and lack of evidence implicating Claiborne and Richardson and stated that, “a federal appeals court held in 2002 that Richardson ‘intentionally shot Gibson,’ and that the facts ‘amply support the finding’ that Richardson and Claiborne ‘murdered Gibson.’”

“I am beyond outraged and in utter disbelief that President Biden would announce clemency for Ferrone Claiborne and Terence Richardson—two men who admitted for being responsible to brutally killing Officer Allen Gibson, a hero and dedicated servant to our community,” said Governor Glenn Youngkin in a statement on Jan. 18, 2025.

“What makes this even more unconscionable is the Biden U.S Attorney advised the White House not to commute these sentences as they are violent offenders,” Gov. Youngkin continued.

Youngkin was referring to outgoing U.S. Attorney Jessica Aber who was recommended for nomination in March 2021 by Sen. Tim Kaine and Mark Warner. Apparently Aber agrees with the position of Youngkin and Miyares. On August 10, 2021, President Joe Biden nominated Aber to be the U.S. Attorney for the Eastern District of Virginia.

With Trump’s election, Aber will be leaving office.

In a statement on January 19, Virginia NAACP President Rev. Cozy Bailey said, that, "the clemency decision is a vital step toward correcting a grave injustice. The Waverly Two are not just a statistic; they are individuals whose lives were shattered by a flawed legal system. We commend President Biden for taking this courageous step, but we must also condemn Governor Youngkin and Attorney General Jason Miyares for their politicization of this matter. Instead of focusing on justice and truth, they have chosen to manipulate facts for their political agenda.”

Donald Trump is expected to pardon many of his supporters who violently attacked the U.S. Capitol and over 200 law enforcement officers in an attempt to block the certification of President Biden’s election. Will Youngkin and Miyares speak against pardons of those who assaulted police during the January 6, 2021 attacks on police officers?

President Biden Preemptively Pardons Former U.S. Capitol Police Officer Harry Dunn and 3 Other Law Enforcement Officers

In his final hours as President, Joe Biden has preemptively pardoned several individuals including law enforcement officers involved in the protecting the U.S. Capitol on January 6, 2021

Jan. 20, 2025, Statement from U.S. Capitol Police Officer Harry Dunn. I wanted you to hear it first from me–today, I accepted a pardon from President Joe Biden, hours before he was scheduled to leave office.

I’m eternally grateful to President Joe Biden. Not just for this preemptive pardon, but for his leadership and service to this nation. Especially over the last four years. I wish this pardon weren’t necessary, but unfortunately, the political climate we are in now has made the need for one somewhat of a reality. I, like all other public servants, was just doing my job and upholding my oath. I will always honor that.

I did nothing wrong on January 6, 2021 or in the days after. But, the threat of a Donald Trump presidency is far too great to take any risk. Trump’s hand picked FBI Director has an enemies list. Trump’s supporters have pledged to go after me and my fellow officers. For the sake of my future and my family, I could not risk four years of constant harassment and attacks from the President and his cohort. It’s why I accepted the preemptive pardon today.

Just because I accepted today’s pardon, does not mean I am going away. In fact, this pardon will allow me to only increase my fight for our nation. January 6, 2021 was a frightening wake-up call that our democracy, the thing we hold so precious, can be taken from us if we don’t protect it. My fellow officers and I stood our ground, and because we did, our democracy is still standing.

And I still stand, and I continue to fight. It’s why I testified before the January 6th Committee, it is why I testified in two trials of Oath Keepers, it is why I ran for Congress, and it is why I am writing this Substack piece today.

I am standing my ground today not because I want something for me, but because I want accountability. I want the people responsible for that day, including Donald Trump, to pay a price, just like we paid a price.

Celebrating Legacy and Progress

Statement from Virginia NAACP President Rev. Cozy Bailey,

As we commemorate the legacy of Dr. Martin Luther King Jr., we extend our heartfelt gratitude to President Biden for his recent decision to grant clemency to individuals whose lives have been profoundly impacted by the criminal justice system. This act embodies the spirit of justice and redemption that Dr. King championed and serves as a beacon of hope for countless others striving for a second chance.

We want to acknowledge the remarkable journeys of two individuals whose stories resonate deeply within our community: Delegate Don Scott and Kemba Smith Pradia.

Delegate Don Scott, the first Black Speaker of the Virginia House of Delegates, exemplifies the transformative power of resilience. After facing a non-violent drug conviction that led to a 10-year imprisonment, he emerged with a renewed purpose. As a U.S. Navy veteran and practicing attorney, Delegate Scott has dedicated his life to public service, embodying the principles of remorse and redemption. His commitment to improving the lives of those around him inspires us all, reminding us that our past does not define our future.

Kemba Smith Pradia’s journey is equally inspiring. Serving 24 years for a non-violent drug offense, Kemba was granted clemency by President Clinton in 2000. Since then, she has become a powerful advocate for criminal justice reform, domestic violence survivors, and racial equity. Her unwavering dedication to healing from her past and championing the rights of others reflects the core values that Dr. King fought for—justice, equality, and empowerment for all.

As we celebrate this MLK Day, let us honor the courage and perseverance of individuals like Delegate Don Scott and Kemba Smith Pradia. Their stories remind us that change is possible and that we can build a more equitable society with compassion and understanding.

In the spirit of Dr. King, we are reminded that our commitment to justice must continue. We thank President Biden for his leadership and the clemency granted. This aligns with our ongoing mission to advocate for those impacted by systemic injustices, including the recent clemency for the Waverly 2. These decisions are vital steps toward fixing our criminal justice system and ensuring justice is truly served.

Together, we will strive to ensure that the legacy of Dr. King lives on through our actions, our advocacy, and our unwavering support for those seeking redemption and justice.

Share BLACK VIRGINIA NEWS

Framed: Astonishing True Stories of Wrongful Convictions by John Grisham and Jim McCloskey (Oct. 2024)

➡️ SUBSCRIBE TO BLACK VIRGINIA NEWS. “One had better die fighting against injustice than die like a dog or a rat in a trap.” —Ida Wells. 👨🏽‍💻 Send press releases, submissions, tips, pitches, comments and corrections to BlackVirginiaNews@gmail.com.