We the undersigned petitioners respectfully request that you reinstate, William A. Borders, Jr. to the practice of law in the District of Columbia, for the following reasons:
1. Mr. Borders was disbarred without a hearing (August 31, 1983) after convictions in the Federal Court with a Certified copy. Said convictions and the Certified copy later nullified by President William Jefferson Clinton’s full and unconditional pardon.1
2. The Supreme Court of the United States in Ex parte Garland2 ruled that an individual who receives a full and unconditional pardon should be granted all previous rights; and, indicated in that case Garland should be reinstated to the practice of law in the District of Columbia. The Court further state that all penalties should be nullified.
3. In another District of Columbia case, Wilbur Sewell3 was disbarred for a Federal conviction in the District of Columbia and later reinstated after being granted a full and unconditional pardon.4
4. In the case of Elliott Abrams5 in which your office attempted to disbar him for a Federal conviction prior to a Presidential pardon. During the disbarment proceedings the President of the United States granted him a full and unconditional pardon. That pardon negated disbarment. Mr. Abrams later received the highest United States security clearance.
5. Article II, Section 2. of the Constitution of the United States authorizes the President “to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment” (the “Pardon Clause”). Based on that language, no inferior body within the United States can overrule the Pardon Clause of the Constitution. This means that no institution or legislative body can challenge or not honor the full and unconditional pardon in the District of Columbia or elsewhere. Mr. Borders does not fall within the exception in the Pardon Clause.
6. Since the Executive Office (then sitting President William Jefferson Clinton), the Supreme Court (Ex parte Garland) and the Constitution (Pardon Clause) state affirmatively that Mr. Borders, with a full and unconditional pardon, should be restored to his position prior to the disbarment i.e., a member in good standing of the District of Columbia Bar.
7. Based on principals of fundamental fairness, judicial precedent, legislation and the Executive Office pardon, your office should reinstate William A. Borders, Jr.
8. We respectfully state that to not reinstate is double jeopardy under the law and denies him a right to make a living, imposes undue harm on his livelihood and denies him the equal protection of the law.
9. In a related matter, President Andrew Johnson granted a full and unconditional pardon to Roger Mudds’ grandfather who was convicted and sentenced to life for his part in the assassination of President Abraham Lincoln. Upon receiving a full and unconditional pardon he was reinstated to the practice of medicine.
10. We make the observation that Garland was appointed Attorney General of the United States by President Grover Cleveland after President Andrew Johnson had pardon him twenty years earlier.
We the undersigned petition the D.C. Bar Association to immediately reinstate Mr. William A. Borders, Jr. to full bar membership with all rights, privileges and responsibilities pertaining thereto.
2Ex parte Garland, 71 U.S. (4 Wall.) 333 (1866) 3In re: Sewell misc. no. 36-62 (December 23, 1971) 4In re: Sewell (October 18, 1972) 5In re: Abrams, 689 A. 2d 6 (D.C. 1977)
- D.C. Bar Counsel
Wallace E. Shipp Jr.
Justice for William A. Borders, Jr.
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