Bill Dog's Journal: Presidential Pardons

I think they stink.

Presidential Pardons:

The Pardon Power

Article II, Section 2 of the U.S. Constitution gives the president "Power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment." A reprieve reduces the severity of a punishment without removing the guilt of the person reprieved. A pardon removes both punishment and guilt.

As judicially interpreted, the president's power to grant reprieves and pardons is absolute. Individual reprieves and pardons cannot be blocked by Congress or the courts. The Framers of the Constitution envisioned the pardon power has having a narrow purpose in times of war and rebellion. The president might offer pardons to rebellious factions as an inducement for a laying down of arms and national reconciliation. Alexander Hamilton argued in the Federalist Papers (No. 74) that "in seasons of insurrection or rebellion, there are often critical moments, when a well-timed offer of pardon to the insurgents or rebels may restore the tranquillity of the common wealth; and which, if suffered to pass unimproved, it may never be possible afterwards to recall."

The pardon power has been used as the Framers foresaw: George Washington pardoned leaders of the Whiskey Rebellion, and Andrew Johnson pardoned Confederate soldiers following the Civil War. In 20th century, Jimmy Carter pardoned those who had evaded service in the Vietnam War.

But a long succession of presidents has used the pardon power much more broadly. Bill Clinton is but the latest president to use the pardon power to forgive a wide range of criminal offenses.

Many pardons have been controversial. Perhaps the most controversial was Gerald Ford's preemptive 1974 pardon of Richard Nixon for his actions in the Watergate Affair. More recently, George Bush's 1992 pardons of six Reagan administration officials involved in the Iran-Contra Affair, including Defense Secretary Caspar Weinberger, generated considerable negative comment.

The Clinton Pardons

Bill Clinton granted 395 pardons during his presidency, comparable in number to other recent presidents. However, of that total 140 were issued on his final day in office. His final day pardon of financier Marc Rich, who had fled the country on tax evasion charges, immediately erupted in controversy. There were charges that emissaries of Rich had used personal influence and campaign contributions to win the pardon. Similar charges soon arose regarding other final day pardons, prompting calls for congressional hearings and action by federal prosecutors.

The Office of Pardon Attorney, established in the Justice Department in 1981, assists the president in the exercise of the pardon power. The office's role in the Clinton pardons is discussed in the February 14, 2001 testimony of Pardon Attorney Roger Adams before the Senate Judiciary Committee. Adams notes that the Clinton White House did not consult his office in Marc Rich's pardon or in other controversial final day pardons.

Here's an idea

[Captain Splendid]

George W Bush should be impeached. So that when Dick Cheney pardons him, the sheer evil glee it will bring him should cause him to stroke out. Ladies and gentlemen, the first female president of the US, and she's not Hillary! Everybody wins, right?

Re:

[John M W 321]

I guess you did not read the part about "except in cases of impeachment." Otherwise, it is a good plan.

Re:

[Captain Splendid]

I haven't found anything on that in my searching around, unless you're referring to the Johnson impeachment, which was different from the situation I describe.

Re:

[John M W 321]

The lead article of this thread can be a guide to where to find the limitation:

The Pardon Power

Article II, Section 2 of the U.S. Constitution gives the president "Power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment."

Re:

[Captain Splendid]

Ah, I see. So, for my scenarion to work, W would have to resign like tricky Dick did.

Agreed

[pudge]

I hope Bush is more ... selective in his pardons.