Invitation to a Dialogue - Presidential Pardons - NYTimes.com A new report by the American Civil Liberties Union reminds us of the truly scandalous incarceration fetish in the United States, including long mandatory minimum sentences for drug offenses and life sentences for people who would almost certainly pose no danger to the community if paroled ("Sentenced to a Slow Death," editorial, Nov. 17). Particularly telling is the anguish of federal judges, who have no choice, under existing law, about delivering draconian sentences. With regard to federal prisoners, there is one man who could immediately alleviate the senseless suffering. That is Barack Obama, who is given unequivocal authority by the Constitution to pardon federal prisoners. Yet President Obama, whether for reasons of political calculation, personal psychology or the taint of former President Bill Clinton's almost inexplicable pardon of Marc Rich on the last day of his presidency, has been notably unwilling to use that power. Harry S. Truman pardoned his first prisoner eight days after taking office. In contrast, Mr. Obama waited 682 days into his presidency before using his power, and even then he did so sparingly, almost trivially. Even now, well into the fifth year of his presidency, he has pardoned only 39 people, 25 of whom had been sentenced only to probation. It is time for him to take more seriously not only his constitutional power, but also his duty to leaven with mercy an often indefensible federal system of criminal justice. Even Attorney General Eric Holder recently called for reform of that system. It is time - indeed, past time - for President Obama to educate the public about the injustice that runs through our criminal justice system with regard to sentencing and about the almost wanton destruction of lives of low-visibility people without friends in high places. He could (and should) provide a lesson in mercy at least and possibly even in forgiveness with the stroke of his pen and an edifying speech explaining his action. The writer is a professor at University of Texas Law School and a visiting professor at Harvard Law School. Editors" Note: We invite readers to respond briefly by Tuesday for the Sunday Dialogue.