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If The Plames Get Hot, Could Bush Evoke the Power of the Pardon?
10/27/05) | fight_truth_decay

Posted on 10/27/2005 1:35:47 PM PDT by fight_truth_decay

J. James Estrada editorializes in The American Daily:"

"Working in the U.S. Attorney’s office in the Southern District of New York, James Comey investigated and declined to indict Hillary Clinton in Pardongate, a case involving pardons for votes in the New York town of New Square. In his final days in office, President Clinton pardoned four rabbis from the town and Hillary went on to win the votes of the village: 1200 to just 14 for Rick Lazio, her New York Senate opponent."

"Comey went on to prosecute Martha Stewart and from there then went on to become Deputy Attorney General in the new Bush administration. I suppose Bush named Comey to show he would be tough on Wall Street corporate crime."

"When it came time for the Attorney General’s office to name a prosecutor in the celebrated Plamegate, John Ashcroft recused himself, leaving it to Comey to name the prosecutor. He named his long time friend and former associate, Patrick Fitzgerald."

"Fitzgerald is hot on the trail, apparently, of I. Scooter Libby. Libby is VP Dick Cheney’s chief of staff. Libby is also a former lawyer for Marc Rich. Yes, the same Marc Rich who also benefited from the last minute Clinton pardons of January 2001. His case was pursued and dropped by Mary Jo White, then U.S. Attorney for the Southern District of New York."

"Will this circle of intrigue roll past the White House walls of secrecy of both the present and former administrations in the form of indictments, or, is Fitzgerald just spinning his wheels? If the pattern holds true to form, when it involves the Clintons (and Libby can spill the beans on the Rich pardon), all allegations of wrong doing will be dismissed."

"Stay tuned."

Now let's talk about pardons. Pardons have not been discussed, as far as I know, by the media as a "what if" to an end.

Bush could stop judicial proceedings by simply pardoning those close to him indicted of a crime, or even those not yet convicted or even formally charged with a crime. What the President does depends on the alternatives if he does not act. Talk about being between a rock and a hard place. The President's pardoning power would be held off as long as possible, for obviously he must dodge as few tomatoes as possible for several more years. This of course would bring the expected political backlash from the Left where he is already whipped on a daily basis..so what else is new?

The fact is, the Framers created a power to pardon.

Worse case scenario only: If these high level indictments take place, could Bush be called as a witness and placed under oath? The best way, whether popular or not, is to make sure that no criminal trial ever occurs.

Clinton, when at a news conference in Little Rock, Ark., to announce his remaining Cabinet selections, said he wanted to learn more about the pardons, adding, "I am concerned by any action that sends a signal that if you work for the Government, you're beyond the law, or that not telling the truth to Congress under oath is somehow less serious than not telling the truth to some other body under oath."(always nice to add a little humor to a piece).

Then The Wheel Turned, and Clinton while in the last moments of his Presidency (had the clock struck Midnight yet?)pardoned several of his closest political supporters: Marc Rich, Pincus Green, Carlos Vignali Jr, Braswell.

Independent prosecutor, Lawrence E. Walsh stated: "Although it is the President's (Mr. Bush's pardon of Mr. Weinberger ) prerogative to grant pardons, it is every American's right that the criminal justice system be administered fairly, regardless of a person's rank and connections."

Thus,in a single stroke, Bush Sr. swept away one conviction, three guilty pleas and two pending cases, virtually decapitating what was left of Walsh's effort, which began in 1986. Mr. Bush's decision was announced by the White House in a printed statement after the President left for Camp David, where he will spend the Christmas holiday. Mr. Walsh bitterly condemned the President's action, charging that "the Iran-contra cover-up, which has continued for more than six years ($$$$$$), has now been completed."

Professor Brian Kalt [Michigan State]: says that "No president should have the power, immune from meaningful responsibility to the electorate, to impose his or her own version of the law without democratic accountability." But we let judges do that every day. The point of pardons is to allow exceptions to be made when the law is too rigid to do the right thing."

I don't know why we don't read scholarly quotes that include, ".. that it is, therefore, in the best interest of the country and her citizens..."

Sometimes, you just gotta bully up to the pulpit!


TOPICS: Crime/Corruption; Culture/Society; Editorial; Extended News; Foreign Affairs; Government; News/Current Events; Politics/Elections; Your Opinion/Questions
KEYWORDS: briankalt; bush; cheney; cia; cialeak; clinton; comey; fitzgerald; irancontra; pardon; pardongate; pardons; plame; rove; scooter
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To: fight_truth_decay
Lawrence Walsh was a partisan who indicted Weinberger and others just before the election hoping to cause Bush maximum damage in the 1992 election. He later showed his loyalties during the Clinton scandals.

A President can issue a pardon even before an indictment, as Jerry Ford did to Nixon in Sept. 1974, a month after Nixon left the White House.

21 posted on 10/27/2005 1:53:28 PM PDT by Verginius Rufus
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To: TCats

Can't use it if it might harm the Bush dynasty.


22 posted on 10/27/2005 1:56:01 PM PDT by Spirited
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To: bray

ping


23 posted on 10/27/2005 1:56:19 PM PDT by fight_truth_decay
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To: Brilliant

In the view of a DC jury?

Interesting that this is a reward via Ashcroft.


24 posted on 10/27/2005 1:58:23 PM PDT by Spirited
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To: fight_truth_decay
There are not going to be any indictments, period.

Pray for W and Our Troops

25 posted on 10/27/2005 1:59:01 PM PDT by bray (Iraq, freed from Saddamn now Pray for Freedom from Mohammad)
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To: Khepera

Well, okay. My main question was whether the President could kill this move to criminalize political activity by using the pardon to neutralize the endless investigations case by case. Charge: pardon. Charge: pardon. Charge: pardon. Charge: pardon. Repeat until the cows come home.


26 posted on 10/27/2005 1:59:17 PM PDT by RightWhale (Repeal the law of the excluded middle)
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To: fight_truth_decay
Mr. Weinberger was scheduled to stand trial on Jan. 5 on charges that he lied to Congress about his knowledge of the arms sales to Iran

Iran-Contra was one of the biggest farces of the last century. IMHO, the PINKO LEFTIST 'RATS in Congress that cut off the funding to fight Communism in Central America were the real criminals, while Weinberger, Ollie, and the rest did what they had to do to get the job done.

27 posted on 10/27/2005 2:01:25 PM PDT by bassmaner (Let's take the word "liberal" back from the commies!!)
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To: Spirited
Can't use it if it might harm the Bush dynasty

People forget, reporters race to another story..becomes old news..life goes on and the Democrats would be just beside themselves; but hey, you can always point a finger right back. As someone said.."don't go casting that first stone,if you don't want it to ricochet back at you"..or something along that line.

If you have the Power under the hood why not use it once in a while. Bush's approval rating might just go up in fact!!

28 posted on 10/27/2005 2:03:07 PM PDT by fight_truth_decay
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To: fight_truth_decay

Certainly he could, if the eventuality arises. We don't know if there will be any indictments.

The DNC and the MSM would use it to lambaste him for the next twenty years. But they might have a bit of trouble doing it, after giving clinton a pass on his notably sleazy and profitable pardons.


29 posted on 10/27/2005 2:15:51 PM PDT by Cicero (Marcus Tullius)
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To: fight_truth_decay
Bush shouldn't and won't use the pardon power, at least not until after a trial and all appeals have been persued. Acceptance of a pardon is an acknowledgement of guilt. Why should Rove or Libby accept a pardon if they are innocent. Hell at this point they've not even been indicted.

Additionally, until someone comes to kart Rove or Libby off to jail there is no advantage to a pardon (other than possibly negating the need to continue to pay legal fees). Neither will be allowed to resume their duties in the White House and they would still be liable to a civil suit should the Wilsons attempt to persue one. Fact of pardon (which implies guilt) would make it easier to win civil suit. So as much as it pleases the author to stick in the libs face by pardoning Rove or Libby, there really isnt any advantage to anyone unless they are convicted and their convictions are not overturned by appellate courts.

30 posted on 10/27/2005 2:17:57 PM PDT by Dave S
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To: TCats
Usually you have to be convicted before receiving a pardon but I think Clinton changed the rules with his pardon of Marc Rich. Why not use it then - If it's needed.

You don't have to be convicted before receiving a pardon. In 1974, President Ford pardoned Richard Nixon for any and all crimes and Nixon never stood trial for any. He was listed as an unindicted co-conspirator but he was never indicted.

31 posted on 10/27/2005 2:20:14 PM PDT by Dave S
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To: oceanview
...then tell me that a trial jury in the same locale wouldn't convict Rove and Libby just for showing up at trial. They would.

Exactly. I have some memory of Republicans being tried in DC some 30+ years ago, and since.
I have no faith in any Republican getting a fair trial there.

32 posted on 10/27/2005 2:24:29 PM PDT by meema (I am a Conservative Traditional Republican, NOT an elitist, sexist , cynic or right wing extremist!)
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To: fight_truth_decay

He doesn't run again. Pardon 'em all, send Fitzy back where he came from, transfer all the CIA idiots to the Dept of Education or Agriculture, and rock on.


33 posted on 10/27/2005 2:24:32 PM PDT by PzLdr ("The Emperor is not as forgiving as I am" - Darth Vader)
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To: RightWhale
Well, okay. My main question was whether the President could kill this move to criminalize political activity by using the pardon to neutralize the endless investigations case by case. Charge: pardon. Charge: pardon. Charge: pardon. Charge: pardon. Repeat until the cows come home.

Doesn't help those he pardons. They dont get a chance to prove their innocence in a court of law and there is no way that they can go back to work in the White House of this President or any other if they've been pardoned.

34 posted on 10/27/2005 2:25:07 PM PDT by Dave S
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To: Brilliant
A pardon would save the defendents from the time and cost of mounting a legal defense.

If Bush felt the charges were frivolous (as many of us believe) he could make the case that even if there were technical violations the legal system should not be invoked.

Bush needs to figure out that the best defense is a good offense. The MSM and the Rats hate him anyway. He is a lame duck. My advise is simple--attack, attack, attack--no compromise, no prisoners.
35 posted on 10/27/2005 2:25:11 PM PDT by cgbg (Boxer and Feinstein confuse the constitution with Mao's Little Red Book.)
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To: Red Badger

Yep. Weinberger never went to trial.
Remember, GHWB lost that election in no small part when Walsh charged Weinberger the weekend just before that presidential election. He was pardoned a month or so after the election.


36 posted on 10/27/2005 2:29:48 PM PDT by meema (I am a Conservative Traditional Republican, NOT an elitist, sexist , cynic or right wing extremist!)
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To: Dave S

Would a Speaker of the House have to step down? Seems like the Speaker has a thick enough skin that he could just shake it off. The President would nullify any charge, and if he said he was doing so because of the political nature of the charges, the person could continue on like it hadn't happened. The Constitutional means of removing a judge or other official by impeachment would still be available, but whether that would work would depend on the Congress, also case by case. This is a time for a show of power.


37 posted on 10/27/2005 2:31:55 PM PDT by RightWhale (Repeal the law of the excluded middle)
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To: fight_truth_decay

It would certainly hurt his ability to win an election to a third term as President.


38 posted on 10/27/2005 2:41:33 PM PDT by FreedomCalls (It's the "Statue of Liberty," not the "Statue of Security.")
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To: TCats
Usually you have to be convicted before receiving a pardon but I think Clinton changed the rules with his pardon of Marc Rich.

Um, Ford/Nixon, anyone?

39 posted on 10/27/2005 2:42:33 PM PDT by ReignOfError
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To: fight_truth_decay
Well, there're also the wishes of anyone who IS indicted to be considered.

Would (for example) Rep. DeLay want a pardon right now? Doubt it; he'd rather rub Ronnie Earle's face in it.

Any others might feel the same way - post-conviction is soon enough.
40 posted on 10/27/2005 2:48:47 PM PDT by decal (Mother Nature and Real Life are conservatives; the Progs have never figured this out.)
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