Derek Chauvin To Receive Presidential Pardon

Derek Chauvin, former Minneapolis Police Officer, is facing 22.5 years for a State Sentence for The Death of George Floyd, and a 21 year Federal Sentence for violating George Floyd’s Civil Rights. Both Sentences are running concurrently. It is estimated Chauvin will be released in 2037, taking into account standard reductions.

It has been rumored that President Trump may issue a Full Presidential Pardon to Derek Chauvin for his Federal Sentence. This would leave the remaining State Sentence, thus Chauvin would still be imprisoned.

This rumor has stirred controversy, claiming this would NOT politically benefit Trump. In fact, it may produce adverse effects since Chauvin’s case is tied to racial sentiment. Minnesota is allegedly preparing to handle Mass Riots if this Pardon takes place.

Notably, Chauvin held Floyd on the ground for minutes — unnecessarily since he was already detained. This induced and exacerbated, although hazy, Cardiac Arrest. While Floyd had a lethal amount of Fentanyl in his system, inducing or exacerbating a condition while in Police Custody is considered criminal, IF it is beyond the threshold of what is acceptable. This is what a Jury would determine, which they have.

Conservative Media claims Minneapolis Police Policy and Training was properly utilized, which led to Chauvin’s knee on the upper back of Floyd. Keep in mind, Policy DOES NOT override The US Constitution, specifically Civil Rights of an Individual. You are personally responsible, as a Police Officer, for actions you commit in the line of duty. The only exception is ‘Qualified Immunity’, which only addresses light, civil actions — The City or County will cover if damages are incurred.

This does not mean Floyd should be regarded as a ‘Hero’. This individual was a Felon, to the point of robbing a pregnant woman at gunpoint. However, the action Chauvin committed indeed violated Floyd’s Civil Rights. Beyond that, only an Objective Jury can decide if Chauvin surpassed the threshold for what was acceptable police action, given the context.

While it has been precedent that a US President’s Presidential Pardon CANNOT Pardon State Sentences, this is logically incorrect and inconsistent. Presidential Pardons are not explicitly elaborated on within The US Constitution. However, the proper interpretation is that The President is at the top of The Hierarchy when it comes to The Union.

Specific Powers given to The President, such as Pardoning Power, are designed to be loopholes to The US Governing System. If there is a Miscarriage of Justice, The President can bypass The Governing System and exonerate. These are Powers created to prevent exploitation by The State, and to serve as Checks and Balances. With this interpretation, The US President is higher in The Hierarchy than Governors, and has the ability to Pardon for State Crimes, IF there is a Miscarriage of Justice — not for any other reason.

The racial component in Minnesota contributed to a biased and coerced Jury, leading to a compromised Due Process for Chauvin. At this point, a Mistrial would be in effect. This means Chauvin would have another Trial that could fulfill his Due Process more appropriately. While Chauvin would still be Guilty of criminal action, perhaps his Sentencing would be more lenient. Government would need to determine if The Biased Jury was enough to sway to a worse outcome than necessary for the crime.

Individuals on The Left believe Chauvin is directly responsible for Floyd’s Death without considering all other context surrounding George Floyd. Individuals on The Right claim The Death of Floyd was solely Floyd’s responsibility, not taking into account context surrounding Chauvin.

Justice is blind, and while Floyd was reprehensible, that would be outside the scope of context in regard to Chauvin violating Rights. As a Peace Officer, once you violate Individual Rights, no matter the individual, you lose Qualified Immunity. This leaves you personally liable for civil and criminal penalty.

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