Posted on 11/21/2008 12:51:50 PM PST by re_tail20
An unpardonable use of power
By Sen. Russ Feingold
Nov. 20, 2008 |
If President Bush cares about his place in history, he should think twice before issuing pardons that call his judgment, and the integrity of the rule of law, into question.
A departing president probably can't help thinking about the judgment of history. At the end of eight years, President Bush likely isn't any different. With the nation's attention focused on his successor, it may seem as if there is little opportunity left for the current president to affect how he will be viewed. But there is one power left -- the power of the pardon -- that could, if it's abused, create a controversy that both the president and the public could live without.
The power of the pardon is close to absolute. Short of interfering with their own impeachment, presidents can pardon whomever they choose. At the end of his term, however, this president should think twice before issuing pardons that call his judgment, and the integrity of the rule of law, into question.
If President Bush were to pardon key individuals involved in the misdeeds of his administration, from warrantless wiretapping to torture to the firing of U.S. attorneys for political reasons, the courts would be unable to address criminality, or pass judgment on the legality of some of the president's worst abuses. Issuing such pardons now would be particularly egregious, since voters just issued such a strong condemnation of the Bush administration at the ballot box. There is nothing to prevent President Bush from using the pardon in such a short-sighted and self-serving manner -- except, perhaps, public pressure that may itself be a window on the judgment of history. Everyone who can exert that pressure, from members of Congress to the press and the public, should express their views on whether it would be appropriate for President Bush to use his pardon power in this way.
Controversial pardons are nothing new, of course. President Gerald Ford's pardon of Richard Nixon, which was a source of furious national debate, is perhaps the most famous of these. More recently, President Clinton issued a series of last-minute pardons that were highly criticized. Yet the power can also be used to show mercy -- Clinton used the pardon power a number of times to lessen the impact of draconian mandatory minimum sentences for certain drug offenders.
The use of the pardon power throughout history has been just as varied. Presidents Andrew Johnson, Buchanan and Carter used the pardon power to try to heal national divisions and promote unity. Buchanan, for instance, in return for an oath of loyalty to the nation, pardoned Mormon settlers in Utah who had been accused of treason. It was Johnson's extensive use of pardons after the Civil War that prompted Congress to try to limit the pardon power, which led to the Supreme Court's seminal decision, Ex parte Garland, confirming its nearly unlimited scope. The pardon power outlined in the Garland decision is sweeping -- "it extends to every offence known to the law, and may be exercised at any time after its commission." But that doesn't mean that all pardons are appropriate or serve the common good. The current president's own father, George H.W. Bush, pardoned six participants in the Iran-Contra plan, including Caspar Weinberger, Elliott Abrams and Bob McFarlane, whose trials might have exposed his own involvement.
Writing in the Garland case, the Supreme Court said of presidents' pardon power that "the benign prerogative of mercy reposed in him cannot be fettered by any legislative restrictions." The history of the use of the presidential pardons shows that while presidents sometimes exercise the benign prerogatives of mercy, that is not always their motivation. Nonetheless, while there may be almost no legal limits on presidential pardons, there certainly are limits to what the public will see as a reasonable use of the power. The current president, who has shown such disrespect for the rule of law during his term, will have a chance to show to all of us, and to history, whether he respects it enough not to short-circuit the judicial process after he leaves office.
Mental midget,, tells us that its critical for the courts to be able to examine all the ways Bush was wrong. Then recites a list of so many pardons that were criticized at the time, but later justified. Partisan Jackass.
The day will come when Bush gets the Pinochet treatment,,,
Criminalizing the past political opposition, is realistically criminalizing opposing views. This answer to this is to revolt and overthrow the despots. Period.
Sen. Feingold can go f*** himself, arrogant bastard.
If Senator McCain had cared properly about his place in history he never would have linked his name to this jackal Feingold in the abomnination known as CFR.
Unfortunately, the NY Times & co. told McCain to jump and all he asked was “how high”??
tell that to the homosexuals rioting in LA because the nation refused to recognize their behavior as “normal”.
This is not a center left nation.
obama ran on cutting taxes. A DINO.
McCain ran on being a RINO.
DINO trumps RINO.
Nobody in the idiot class knew or knows obama like those of us in the political junkie class.
We are still to the right as a nation otherwise obama(tax) would not have had to conceal his intentions.
L0L! I never tire of that LoL
Hello Russ you ignorant sob.
Please, do everyone a big, bigger, biggest favor and STFU.
History will judge President Bush.
I think he will do well. Can’t say for sure because history isn’t here yet.
You, Russ, on the other hand, have already shuffled off into oblivion.
And you, Russ, given your consistently poor service to this country, should thank God for small, very small, favors. A favor commensurate with your importance to the collective well-being.
OK strike the word collective.
I don’t think Feingold needs to get his panties in a twist. Bush has been very wimpy about issuing pardons. Even his pardon of Scooter Libby was just about as minimal as you could get.
P.S. none of this applies to Klinton, if it does fergit I said it.’’
can he issue pardons to all cia operatives without mentioning their names?
If I were Bush, I would announce there would be NO PARDON of the above for their crimes ever. That should have the same effect as granting a pardon. Just the opposite polarity. Bush could name people that are never going to get a pardon besides that bunch. Let the courts deliberate the withdrawal of a pardon for many years:):)
12:05
Radio Jockey: President elect Obama’s birth place over in Kenya — is that going to be a national spot where he was born
Ambassador: its already an attraction. his paternal grandmother is still alive
Radio Jockey: his birth place...they’ll put up a marker there
Ambassdor: its already well known.
Wrong. The One (piss be upon him) told us in many and diverse ways what his intentions were - YouTube, and the Joe-the-Plumber soundbite and others.
The American Sheep were either too stupid to listen, or liked what they heard. That shows they're Leftists. Or idiots.
I certain she had this same conversation with the Bent One.
no
so it really IS true that the Democrats are planning on spending the next two years doing nothing but trying to put Karl Rove in jail for defeating them twice in 2000 and 2004!!
Apparently, even a near 60 vote majority isn’t enough for them to want to think about the improvement of America. They are only thinking about having enough votes to override cloture motions opposing subpeonas against everybody who ever worked for Bush.
asshat.
History has judged Bill Clinton so “harshly” he has cleaned up a fortune of over $100 million since leaving office
Will Feingold agree to nominate Eric Holder pardoner of Marc Rich, as US AG?
Feingold is a prick
Where was he when Clinton pardoned RICH?
Sitdown and SHUT-UP!
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