Editore"s Note
Tilting at Windmills

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November 24, 2008

THEY BEG HIS PARDON.... This ought to be interesting.

With a backlog of applications piled up at the Justice Department, high-profile criminals and their well-connected lawyers increasingly are appealing directly to President Bush for special consideration on pardons and clemency, according to people involved in the process.

Among those seeking presidential action are former junk-bond salesman Michael Milken, who hired former solicitor general Theodore B. Olson, one of the nation's most prominent GOP lawyers, to plead his case for a pardon on 1980s-era securities fraud charges. Two politicians convicted of public corruption, former congressman Randy "Duke" Cunningham (R-Calif.) and four-term Louisiana governor Edwin W. Edwards (D), are asking Bush to shorten their prison terms.

It remains to be seen how Bush will respond to these requests as his term ends. The president has used his broad pardon powers rarely during seven years in office, granting 157 pardons out of 2,064 petitions, and only six of 7,707 requests for commutations, according to an analysis by former Justice Department lawyer Margaret C. Love.

Aggressive appeals for clemency at the end of an administration are not unusual, but they can raise concerns about influence peddling and fairness, particularly if the president and his legal advisers are not fully transparent, pardon scholars say.

Newsweek's Michael Isikoff and Mark Hosenball recently noted how "stingy" Bush has been on pardons, and highlighted how "tricky" it will be for the president to consider applications regarding members of his own administration -- including Scooter Libby and CIA officers who used Bush-approved "enhanced interrogation" techniques.

ProPublica's Dafna Linzer had a good item the other about what to look out for, breaking down convicts by category and rating the likelihood of presidential clemency on a scale of zero to four "Get of Jail Free" cards. Using Linzer's guide, pay careful attention in the coming weeks to the fate of Texas Border Patrol guards Ignacio Ramos and Jose Compean, Libby, New England phone-jammer James Tobin, Kyle "Dusty" Foggo, and Sen. Ted Stevens.

If Bush family history is any guide, pay particular attention to the president's activities on Christmas Eve.

Steve Benen 11:20 AM Permalink | Trackbacks | Comments (13)
 
Comments

Newsweek's Michael Isikoff and Mark Hosenball recently noted how "stingy" Bush has been on pardons, and highlighted how "tricky" it will be for the president...

That assumes Bush cares what anyone else thinks. He's spent 8 years demonstrating he doesn't. Nothing tricky about it.

Posted by: beep52 on November 24, 2008 at 11:33 AM | PERMALINK

I'm thinking yes to Cunningham, no to Edwards without a lot of cash, and Milken hired the wrong fixer -- it should have been Eric Holder, who arranged the pardon for Marc Rich; I know he's busy now, but he has the experience. And, of course, a blanket pardon-in-advance for any and every Bushie the Obama adminstration cares to indict, up to and including the Pardoner-in-Chief. What matter that pardons aren't actually supposed to be issued until after conviction? Rich bugged out for Switzerland before he was tried, let alone convicted.

Posted by: ericfree on November 24, 2008 at 11:34 AM | PERMALINK

Anyone who could even remotely present Bush with a potential legal problem will be pardoned. As you point out, his lame-ass, guilty-as-hell father did the same thing. These people have no scruples, no self-respect, no decency, no guts, and no belief in personal accountability or justice.

I would support repealing any President's right to grant pardons. It's extraneous to the office, and clearly -- as we've seen with Ford, Bush Sr. and will see again with Bush Jr. -- it's simply another way to evade the checks and balances of our system of government.

A pardon negates the judicial branch.

If we're ever going to regain faith in our politcs then we have to believe that people who do wrong will be held accountable. The Republican party has been adamant, since Nixon, that we can't afford such emotional shocks, but I think the Republican party is full of pussies.

For the sake of America, Presidential pardons have got to go.

Posted by: The Phantom on November 24, 2008 at 11:48 AM | PERMALINK

As I recall, Bush's first AG, Ashcroft wanted only judges who issued maximum sentences. Issuing pardons to people who approved of or engaged in torture would suggest that he isn't all that comfortable with the advice he hired John Yoo, Alberto Gonzales and Jay Bybee to give him.

Posted by: Danp on November 24, 2008 at 11:50 AM | PERMALINK

Linzer omitted Mark Foley and Larry Craig, both of whom have tried hard to put it all behind them. If you can't stand by good Republicans, what's a pardon for?

And what's the relationship between Daphna Linzer and Dahlia Lithwick? Pseudonym? Separated at birth? This is just too strange for coincidence.

Posted by: ericfree on November 24, 2008 at 12:07 PM | PERMALINK

Isn't Martha Stewart an active Democrat? Seems unlikely Bush will be doing her any favors.

Posted by: scott_m on November 24, 2008 at 12:38 PM | PERMALINK

"Linzer omitted Mark Foley and Larry Craig, both of whom have tried hard to put it all behind them. If you can't stand by good Republicans, what's a pardon for?"

"Put it all behind them"?

Didn't think you'd catch us so early in the week, did you, ericfree?

Posted by: phoebes-in-santa fe on November 24, 2008 at 12:41 PM | PERMALINK

I predict two almost certain proactive pardons that GWB will issue: of Darth Cheney and of himself.

-Z

Posted by: Zorro on November 24, 2008 at 12:42 PM | PERMALINK

I had to work hard to keep from saying "stand behind."

Posted by: ericfree on November 24, 2008 at 1:11 PM | PERMALINK

Actually, this was what Mark Foley said in an interview a few weeks ago, so I took him at his word. And if I had said "stand behind" it would have made two "behinds" in one post.

Posted by: ericfree on November 24, 2008 at 1:20 PM | PERMALINK

And if I had said "stand behind" it would have made two "behinds" in one post. -- ericfree, @13:20

But you put two (horse's) behinds in your post anyway; you mentioned both Foley and Craig...

Posted by: exlibra on November 24, 2008 at 4:06 PM | PERMALINK

He'll sign whatever pardons Cheney wants signed. No more, no less, damn the torpedoes.

Posted by: scarshapedstar on November 24, 2008 at 11:22 PM | PERMALINK

That's like Tony Soprano pardoning Paulie Walnuts.


"and Justice for All" ( of those people connected via the greenback umbilical)

Posted by: RememberNovember on November 25, 2008 at 9:09 AM | PERMALINK




 

 
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