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January 19, 2009
No More Pardons?
From the NYT:
"President Bush on Monday commuted the sentences of two former Border Patrol agents imprisoned for shooting a Mexican drug smuggler, but he was preparing to leave office without granting clemency to any better-known figures or government officials who could face liability over administration policies. (...)
A senior White House official said that the commutations announced on Monday would be Mr. Bush's last acts of clemency before he leaves office.
There had been speculation that Mr. Bush might act in a number of high-profile cases, including those of I. Lewis Libby Jr., the former chief of staff to Vice President Dick Cheney, and the financier Michael R. Milken, both of whom were convicted on felony charges.
Mr. Bush was also said to have been considering pre-emptive action that could have shielded Alberto R. Gonzales, the former attorney general, and other government officials or intelligence officers who could face legal liability over their roles in interrogations, surveillance or other Bush administration policies.
Hundreds of other defendants convicted of garden-variety crimes have petitioned for leniency, seeking to shorten prison sentences their advocates see as excessive. But in the end, Mr. Bush used his clemency power to aid only Mr. Ramos and Mr. Compean. He leaves office having granted 200 pardons and commutations, the fewest of any two-term president in modern times.
"I was shocked when I heard this was the only one," said Margaret Colgate Love, a former Justice Department pardon lawyer who represents about 20 imprisoned clients who were seeking clemency. "There are a lot of disappointed lawyers in this town today.""
I'll bet.
Atrios thinks that if Bush does not pardon any members of his administration, it's because "Pardoning the people below him would remove any 5th amendment reasons to not testify, and Bush has never shown much sign of giving a sh*t about other people." (Not Atrios' asterisk.) Myself, I suspect it has more to do with the fact that pardoning anyone in his administration would involve explicitly recognizing that they might require pardons. Bush is not big on admitting that sort of thing.
Whatever the reason, though, I'm glad.
—Hilzoy 10:09 PM
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i am gritting my teeth until noon tomorrow.
Posted by: karen marie on January 19, 2009 at 10:54 PM | PERMALINK
Wow! That has been my exact reasoning for years: a pardon completely removes any defense against testifying. It is immunity squared. It is really a disaster for anyone who receives it who might wish to protect their reputation or their boss.
And the power of a president to revoke an "unaccepted" pardon puts the quash on a broad pardon. People would have to step up, by name and accept it, and there would still be a question of if the pardon was meant for them.
Posted by: tomj on January 19, 2009 at 11:03 PM | PERMALINK
classified pardons. What else would you expect?
Posted by: mobiusklein on January 19, 2009 at 11:05 PM | PERMALINK
Y'all are reaching for esoteric explanations.
With the possible reasoning he's not pardoning Scooter as some sort of payback to Uncle Fester, the answer is otherwise simple.
George W. Bush is a USER. Always has been. He's just not using alcohol and cocaine now.
Every President, tis true, uses people in some way or another. Nobody's down it as blatantly or crudely as Shrub has, though.
Posted by: SocraticGadfly on January 19, 2009 at 11:29 PM | PERMALINK
Also, Hilz, lack of a pardon does not block civil actions from going forward, whether against Bush himself or an unpardoned minion.
Posted by: SocraticGadfly on January 19, 2009 at 11:34 PM | PERMALINK
It's a legacy thing. Bush's whole meta message has always revolved around the notion that he's dumb as fuck, but he's a salt-of-the-earth, no-nonsense, honest, hard nosed guy, who won't take no shit from nobody -- not terrorists, not criminals, nobody. He has no policy legacy, so he's roped in to preserving that no-nonsense image as much as possible. Pardoning the backshooting border cops plays into that image (they were shooting dirty, drug dealing Mexicans; Bush would have done the same thing); pardoning white collar criminals who were members of your own administration -- that doesn't fly. It isn't what someone like idealized Bush -- dumb as fuck, but always trying to do the right thing, even when it's hard -- would do.
This does put Obama, and the Justice Department, in an interesting position. My guess is, if Bush and Obama don't have a deal in place already, he's taking a calculated risk on Obama's aversion to conflict. I will also guess that it's one of the few calculated risks Bush has taken in his entire life that will pan out. The entire thing is really a no-brainer for Bush. One, he had little choice in the matter given his image and overall position; and two, Obama is just the kind of guy Bush would want in office who will sit on all this and let it die, much like Bush himself has, albeit for different reasons.
Posted by: mg on January 19, 2009 at 11:55 PM | PERMALINK
Don't discount the simplest explanation - i.e., W is a pr*ck. Liberals have always assumed he's just one to liberals, but the reality is he's one to everyone because no one else matters . . .
Posted by: Mike on January 19, 2009 at 11:58 PM | PERMALINK
MG - "Obama's aversion to conflict."
VERY good insight, sir or madam.
Posted by: SocraticGadfly on January 19, 2009 at 11:59 PM | PERMALINK
Mike, that's what I was getting at above when I said he's a "user."
Posted by: SocraticGadfly on January 20, 2009 at 12:03 AM | PERMALINK
Pardons have a pretty good track record of shutting down investigations, so I'm not buying the 5th amendment explanation.
Posted by: Boronx on January 20, 2009 at 12:39 AM | PERMALINK
I wonder if Georgie snickered at Scooter like he snickered at Karla Faye Tucker. "Whoops! Tough luck, Scooter old buddy! You probably should have taken that deal from Fitz. Damn. Get me another one of these, will ya? And leave the f*cking vermouth out next time!"
Posted by: gummitch on January 20, 2009 at 12:43 AM | PERMALINK
However, there's just enough time left for Bush and Cheney to pardon themselves. Just as a precaution.
Of course, they would never do such a thing.
Posted by: Zeno on January 20, 2009 at 12:48 AM | PERMALINK
I'd be interested to know if, legally, he could write up pre-emptive pardons for himself, Cheney, Gonzo, etc., and keep them secret until they are needed. Under cloak of "national security," I'll bet he could.
Can anyone enlighten us on this question?
Posted by: itsmekaren on January 20, 2009 at 8:10 AM | PERMALINK
Who would have thought Lou Dobbs had that much clout with Shrub?
Posted by: berttheclock on January 20, 2009 at 8:50 AM | PERMALINK
To pardon is to forgive. To forgive is to admit wrongdoing. Not the Bush's style.
Posted by: LJR on January 20, 2009 at 11:12 AM | PERMALINK
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