December 23, 2008
PARDON ME.... Newsweek's Michael Isikoff and Mark Hosenball recently noted how "stingy" Bush has been on presidential pardons. It's true, by historical standards, this president hasn't exactly been a "compassionate" conservative when it comes to clemency.
As his presidency winds down, however, Bush is exercising the power a bit.
Before leaving for the holidays, President Bush on Tuesday commuted one prison sentence and granted 19 pardons, including one to a man who helped the Jewish resistance in the 1940s.
With this latest batch, which includes forgiveness for convictions ranging from gun and drug violations to bank and mail fraud, Bush has granted a total of 191 pardons and nine commutations. That's fewer than half as many as Presidents Clinton or Reagan issued during their two terms.
Today's batch didn't include any of the "famous" people who are seeking presidential pardons, but White House spokesperson Tony Fratto suggested this morning that there will be more pardons issued before Bush leaves office. Fratto told reporters the president has been "considering" additional clemency requests, adding, "[W]e should have something soon on clemency petitions."
ProPublica's Dafna Linzer had a good item recently about what to look out for during Bush's last month, 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. Also keep an eye on interrogation officials who've used administration-endorsed torture techniques.
It's a guessing game, of course, but I'd wager that Libby will get a pardon. I'd also bet that Bush chooses Christmas Eve for his most controversial pardon decisions -- it'd be keeping with family history.
—Steve Benen 2:55 PM
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OMG would he really pardon two border patrols who killed people in cold blood???
Posted by: lilybart on December 23, 2008 at 3:01 PM | PERMALINK
I am no lawyer, but interrogators haven't been convicted of anything or even interviewed by the justice department. Libby is a done deal.
Cheney is out there practically taking the blame for everything, so not Cheneyesque. I wonder if the chimp has got something up his sleeve.
Posted by: ScottW on December 23, 2008 at 3:10 PM | PERMALINK
who killed people in cold blood???
That would make him Lou Dobbs' BBF.
I can't imagine him pardoning Libby or Tobin, though, since he is connected to both crimes.
And I really can't imagine him pardoning Foggo. This would forever associate Bush with Duke Cunningham, which would be far worse than Mark Rich.
Posted by: Danp on December 23, 2008 at 3:11 PM | PERMALINK
Some of the Dem advocacy groups have got 'em in a twist over the idea that Bush may give Xmas eve pardons to Cheney, Rumsfeld & Co. Considering they've never been charged with anything, let alone convicted (the usual minimum standard for pardons before Clinton) this is very interesting. Wouldn't at least a part of the country be asking what they were pardoned for?
And, the two Border Patrol agents Lou Dobbs loves so much never killed anyone. They only shot a single man thirteen times in the back. He recovered. If nothing else, they don't deserve a pardon on grounds of violating the Code of the West. And poor marksmanship.
Posted by: ericfree on December 23, 2008 at 3:30 PM | PERMALINK
lilybart -
The guy that Ramos and Compean shot didn't die.
Posted by: Peter on December 23, 2008 at 3:30 PM | PERMALINK
Considering they've never been charged with anything, let alone convicted (the usual minimum standard for pardons before Clinton)
Probably most of the people who have been pardoned over the years have not been charged with anything, although the pardons occurred in the context of mass amnesties (Carter--Vietnam resisters, T. Roosevelt--Phillipino insurrectionists, Johnson--Civil War, Washington--Whiskey Rebellion)
Posted by: rea on December 23, 2008 at 3:38 PM | PERMALINK
Prediction: Either Bush doesn't pardon any famous people (e.g. Libby, Foggo, Tobin) and the Reps in the Senate go wild about Holder, or he does pardon one or more, and Holder gets confirmed quietly, with Mark Rich's name never coming up.
Posted by: Danp on December 23, 2008 at 4:02 PM | PERMALINK
He'll pardon his whole staff, Cheney's whole staff, and a whole bunch of other Repub crooks.
Posted by: Glen on December 23, 2008 at 5:06 PM | PERMALINK
I can't imagine him pardoning Libby or Tobin, though, since he is connected to both crimes.
His dad did this with regards to Iran Contra. What's so hard to imagine?
Posted by: Boronx on December 23, 2008 at 5:12 PM | PERMALINK
Criminals: I beg your pardon...
Bush: I never promised you a Rose Garden. Go Cheney yourself.
He's already commuted Libby's prison sentence and that was when he was still very chummy with Cheney. This situation seems to have changed a tad since. Also, I'm not so sure Bush is altogether happy with the GOP at the moment (and vice versa). And, being a vindictive SOB, he may just show a finger to the lot of them.
Posted by: exlibra on December 23, 2008 at 5:21 PM | PERMALINK
If Bush pardons anyone of particular note, I imagine that will be difficult for Republicans aching to question Holder regarding the Marc Rich pardon. Of course, they could simply ask Scooter Libby about that, as he was Rich's attorney.
Posted by: dianeb on December 23, 2008 at 5:46 PM | PERMALINK
Hope is isn't as crooked as Bill Clinton and his Mark Rich pardon.
Posted by: Luther on December 23, 2008 at 9:55 PM | PERMALINK
Concerning the Washington Post article, there is nothing "nearly" about a president's power to grant reprieves or pardons. The power is stated in Article. II., Section. 2. of the US Constitution. This statement does not require a conviction or even an inditement.
Libby is not necessarily a done deal. If it is considered that Libby will spill the beans, Libby will be pardoned. Since Bush has become concerned about his legacy, he will probably only pardon those who did bidding, if they pose a threat.
If Senator Stevens has actually not asked for a pardon as claimed, he may think that the rogue FBI agent as their pet, and Steven’s defense believes that Stevens will be granted a new trial.
Cheney and Bush may actually think that they are so above the law, neither will need pardoned by the other. Cheney is too mean and arrogant to even think of that he is culpable.
Posted by: captain dan on December 24, 2008 at 12:25 PM | PERMALINK