Pardon, commute, reprieve

An older Carolinian who calls Ben Fitial “my brother” also says, “Brother Ben forgot he was Carolinian.” A recognized leader among Carolinians, former governor Fitial pled guilty to misconduct in public office and conspiracy to commit theft of services. He was sentenced to a year of incarceration by the Superior Court of the CNMI on June 25, with service to commence on or before July 6.

The three options mentioned by governor Inos stated in our title gives the impression that it is the only ones he can constitutionally do, something akin to the military’s characterization of the EIS as providing only three alternatives. As has already been pointed out, doing nothing, not converting Pagan and Tinian into live-fire training grounds is an option. The governor is equally in a position not to do anything in response to Fitial’s application letter for pardon.

The Board of Parole, convened on the request of the governor, recommended a commutation of sentence but not pardon. In common sense meanings, pardon is a forgiveness of an offense, as if it did not occur, or has no significant consequence, or that the perpetrator is no longer subject to accountability. Commute is to reduce a sentence to make it less severe. Reprieve cancels or postpones a sentenced punishment.

We write under a parent company that regarded Ben Fitial as a member of the family, thereby, hardly seen to be free from the natural disposition to protect. We recognize, nonetheless, the larger mandate to serve the interest of the general public, and to the latter, we draw ourselves within the line.

Commute clearly recognizes that an offense was made. Spiriting a masseuse in the shadows of night from a correctional facility to knead Fitial’s aching back is hardly kosher, let alone, politically appropriate. The deliberate blocking of a service to deliver an order of the court is a crime more than just the political arrogance of power it was. Not a few in our editorial staff remember the Marcoses’ misuse of executive powers, and, perhaps, Fitial thought he could get away with the practice as well.

Knowing of Ben Fitial’s physiology, no one denies him the medical attention he requires in a critical time of his prime. A commute reduces the severity of his sentence, in this case, get Fitial off the hook out of confinement save as his medical condition needs, and still carry the weight of a sentence that affirms “no one is to be considered above the law.”

Governor Inos’ commutation, heading the advice of the Board of Parole, keeps all views in place; letting Fitial off incarceration time without invoking the word “forgiveness,” which recently found media’s use when expressed by victims’ families of Dylann Roof’s Charleston massacre relieves all the residue of guilt. As the saying goes, “it is easy to forgive, less to forget.” Fitial, of course, does not compare to Charleston.

The affair is beyond forgetting. The legal wrangling ceases but the quashing of sour grapes won’t. We go with the wisdom after the typhoon: it is done. Assess the damage, rebuild, and move on.