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Bush Makes Stingy Use of Pardon Power

By TChris, Section Other Politics
Posted on Wed Apr 19, 2006 at 06:23:38 PM EST
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by TChris

President Bush has been miserly in the exercise of his pardon power.

Bush has issued 82 pardons and sentence commutations during 63 months in office, mainly to allow people who committed relatively minor offenses and served their sentences long ago to clear their names.

Only two of the 82 were sentence commutations, and they involved token reductions of time. The numbers include 11 pardons he granted yesterday. This one and this one and this one were for people who committed tax crimes in the 1980's. Tax crimes probably don't bother the president much. A more humane and productive use of the pardon power is illustrated in this post.

Margaret Colgate Love, who served as US Pardon Attorney under two administrations, has some advice for President Bush, courtesy of Sentencing Law and Policy:

It has been a long time since the federal pardon program was administered in a responsible way -- indeed since President Bush's father's tenure. One would have hoped that President Bush had learned from the fiasco at the end of the Clinton administration that a president ignores at his peril what President Reagan's White House Counsel Fred Fielding called "the housekeeping business of the presidency." If he were to initiate now a serious regime of pardoning, making 15 to 20 grants every couple of months and denying cases that are not meritorious, he could both arrive at the end of his term with a reasonable pardoning record and leave his successor a tidy room.

Maybe the president remembers all the angry Republicans when Clinton issued a round of pardons at the end of his presidency. Maybe he's saving his pardons for Scooter and Karl. More likely, he doesn't care that so many people are serving sentences disproportionate to their crime or character. Forgiveness is not one of the president's virtues.

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    Bush Makes Stingy Use of Pardon Power | 33 comments (33 topical)
    Re: Bush Makes Stingy Use of Pardon Power (none / 0) (#1)
    by Talkleft Visitor on Wed Apr 19, 2006 at 07:11:25 PM EST
    Forgiveness is not one of the president's virtues. Wait till Rove and Libby get convicted . . .

    Re: Bush Makes Stingy Use of Pardon Power (none / 0) (#2)
    by squeaky on Wed Apr 19, 2006 at 07:13:47 PM EST
    Just wait. For sure in the last sixth months of his presidency. He will pardon: Libby Delay Rove Abramof Bolton Cheney Himself and 500 other Party criminals.

    Re: Bush Makes Stingy Use of Pardon Power (none / 0) (#3)
    by squeaky on Wed Apr 19, 2006 at 07:16:16 PM EST
    That is..... if we win in November elections.

    Re: Bush Makes Stingy Use of Pardon Power (none / 0) (#4)
    by Swopa on Wed Apr 19, 2006 at 08:10:55 PM EST
    In other words, he's not stingy -- he's just saving it up.

    Re: Bush Makes Stingy Use of Pardon Power (none / 0) (#5)
    by Talkleft Visitor on Wed Apr 19, 2006 at 08:30:20 PM EST
    Can a president legally pardon himself? Or does he have to count on his successor to do it, as Nixon did?

    Re: Bush Makes Stingy Use of Pardon Power (none / 0) (#6)
    by squeaky on Wed Apr 19, 2006 at 08:53:59 PM EST
    sosueme-This argues that he can. And with the regal unitary presidency now in full throttle it would go to the courts, that is if we gain enough seats in Congress to bring it to the courts.

    Re: Bush Makes Stingy Use of Pardon Power (none / 0) (#7)
    by cpinva on Wed Apr 19, 2006 at 09:35:21 PM EST
    oh come on now, did you really expect anything different from this "compassionate conservative" president? a president who apparently thinks, seriously, that he's doing god's work? a president who, as gov. of texas, made fun of a condemned prisoner's plight? get serial! libby, as i read it, there are no restrictions on the president's pardon power, it is absolute and unreviewable, by anyone. had he a mind to, he could pardon satan, or ronald reagan (sorry, i often get those two confused, although rumor has it that reagan was the better actor). i know, i know, neither were ever actually accused or convicted of any crimes, but that hasn't been an impediment to this administration.

    Re: Bush Makes Stingy Use of Pardon Power (none / 0) (#9)
    by Talkleft Visitor on Wed Apr 19, 2006 at 10:57:31 PM EST
    You can assume that Bush will never, ever intercede for anyone facing torture or the death penalty.

    Re: Bush Makes Stingy Use of Pardon Power (none / 0) (#10)
    by Talkleft Visitor on Wed Apr 19, 2006 at 11:08:52 PM EST
    Great! Finally someone who does not bend over backwards when the criminals are making all sort of excuses.
    If only that were true of George Bush, with respect to the criminals in his administration.
    Probably make the criminal lovers mad but hey, you can't make everyone happy.
    Good point! Some hard-core republicans would probably be upset, bu he would probably rate a higher approval rating than the 37% he gets today.

    Re: Bush Makes Stingy Use of Pardon Power (none / 0) (#11)
    by Talkleft Visitor on Thu Apr 20, 2006 at 04:27:28 AM EST
    Cymro, do not feed the troll!

    Re: Bush Makes Stingy Use of Pardon Power (none / 0) (#12)
    by Talkleft Visitor on Thu Apr 20, 2006 at 04:36:56 AM EST
    Pardon me, but could someone please explain why it's such a good thing for a President to pardon a certain number of people or to make sure he has a "reasonable pardoning record". I don't see President Bush caring much about having a record. He pretty much does what he thinks is right and isn't going to just pardon people because it will make him look good.

    Re: Bush Makes Stingy Use of Pardon Power (none / 0) (#13)
    by Talkleft Visitor on Thu Apr 20, 2006 at 05:08:50 AM EST
    Storms: I think it isn't so much that he should pardon a certain number, but more that there are a significant percentage of the 7 million or so ex-convicts who have done good and turned their lives around. Maybe they should get a littler "commpassion" from the resident conservative. Even 0.1% of 7 million is 7,000

    Re: Bush Makes Stingy Use of Pardon Power (none / 0) (#14)
    by Talkleft Visitor on Thu Apr 20, 2006 at 05:17:01 AM EST
    Cymro, don't rise to it. It's no use knocking when there's nobody home.

    Re: Bush Makes Stingy Use of Pardon Power (none / 0) (#15)
    by jimakaPPJ on Thu Apr 20, 2006 at 05:38:02 AM EST
    Hmmm... Everybody demands justice when what they need is mercy. But don't you think that beating Bush up over the number of partdons he has issued proves the Right's point that the Left is interested only attacking Bush? Frankly folks, if you can do no better than this.......

    Re: Bush Makes Stingy Use of Pardon Power (none / 0) (#16)
    by Johnny on Thu Apr 20, 2006 at 05:49:00 AM EST
    Frankly folks, if you can do no better than this.......
    How's the fishing Jimmy? Frankly, I am surprised you come out guns ablazin' about the lefts wanting nothing more than attacking bush... All at the same time doing exactly what you are decrying! I think it is safe to assume, after reading years worth of your postings, that you are more more interested in attacking the left than in actually making any kind of point. Have a nice day of fishing Jimmy, and may you catch a few liberals unawares, it is good for your ego. A lot of us have caught up to your bait of choice and swim on. I mean it, have a nice day. And I really, sincerely hope, Bushie does a better job than Clinton, but he only has 2 years left to make anything happen.... so he could just as well play the compassionate card, you know, pull through on what amounted to his first major lie?

    Re: Bush Makes Stingy Use of Pardon Power (none / 0) (#17)
    by kdog on Thu Apr 20, 2006 at 05:49:41 AM EST
    Eagerly awaiting narius' condemnation of the pardon of tax cheats. Shouldn't tax cheats "rot in jail" like non-violent drug offenders narius? Or does the pardoning of tax cheats somehow jive with your "let 'em rot" philosophy?

    Re: Bush Makes Stingy Use of Pardon Power (none / 0) (#18)
    by Edger on Thu Apr 20, 2006 at 05:54:53 AM EST
    Please don't encourage him Kdog. Just let him go play with his chimney-cleaning grenade.

    Re: Bush Makes Stingy Use of Pardon Power (none / 0) (#19)
    by kdog on Thu Apr 20, 2006 at 06:23:21 AM EST
    Enquiring minds want to know edger:) Just how far does the "let humans rot" philosophy go?

    Re: Bush Makes Stingy Use of Pardon Power (none / 0) (#20)
    by Edger on Thu Apr 20, 2006 at 06:39:06 AM EST
    It's endless, kdog. I think it's like porn addiction - they need progressively more and stronger stimulation. Nuclear holocaust would be the ultimate orgasm for guys like him.

    Re: Bush Makes Stingy Use of Pardon Power (none / 0) (#23)
    by Talkleft Visitor on Thu Apr 20, 2006 at 07:55:47 AM EST
    Narius seems to be of the opinion, despite his overt opinions how rancid be the milk of human kindness, that his liberty will never be something that one day might be vunerable. Given one of the main issues of this site, that justice, or injustice, is oft arbitary at best, or vindictive at worst, then not only is the plot of the individual case lost to him, but the picture of the judicial system as a whole. So I say this to Mr.Hang 'em high, max out the sentence,Narius. Just watch out for the psychotic cop that's having a real bad day, I would hate so much for you to become a victim of such a representative of "law and order"

    Re: Bush Makes Stingy Use of Pardon Power (none / 0) (#24)
    by Talkleft Visitor on Thu Apr 20, 2006 at 07:57:22 AM EST
    Of course. It is fitting for them to work for the government at less than minimum wage for the rest of their lives.
    We all need to thank the Founding Fathers for the eighth amendment. It is obvious they had people like Narius in mind when they wrote the eighth.

    Re: Bush Makes Stingy Use of Pardon Power (none / 0) (#26)
    by Talkleft Visitor on Thu Apr 20, 2006 at 08:06:18 AM EST
    Narius, you just don't get it do you?

    Re: Bush Makes Stingy Use of Pardon Power (none / 0) (#27)
    by Talkleft Visitor on Thu Apr 20, 2006 at 08:10:56 AM EST
    Narius, you just don't get it do you?
    It is no surprise he had problems parsing your statement.

    Re: Bush Makes Stingy Use of Pardon Power (none / 0) (#28)
    by Talkleft Visitor on Thu Apr 20, 2006 at 08:16:14 AM EST
    But don't you think that beating Bush up over the number of partdons he has issued proves the Right's point that the Left is interested only attacking Bush? What proof do you have that Ms. Love is a member of 'the Left'? Also, her criticism extends to Clinton, so by the same token, she would proving the Left's point that the Right is only interested in demonizing Clinton, not doing anything constructive. YMMV

    Re: Bush Makes Stingy Use of Pardon Power (none / 0) (#29)
    by Talkleft Visitor on Thu Apr 20, 2006 at 10:11:55 AM EST
    The main reason I fear Bush pardoning everybody is NOT that I want to see jail terms (but I do) -- it's because it would short circuit a full inquiry into what happened during his administration. That is the most important thing. Let history know how bad it really was and how close we came. (Humiliating and detering others the right vwing for many years to come.) I think our strategy must be: 1. Regain control of the Congress. 2. Impeach Cheney or force him out. 3. Refuse to ratify any VP appointment unless it is a respected moderate who promises in advance not to run for president. I.E. a caretaker. 4. Investigate, investigate, investigate. 5. To keep Bush from short circuiting the investigations, let him know that we will impeach his ass as soon as he tries it. (He cannot pardon himself against impeachment.) Otherwise, we may let him serve out his term. 6. Criminal prosecutions for the guilty. Oh, I forgot: 1(a). As soon as the new Congress starts, pass a law asserting ownership of every document, recording, email, and whatever in possession of the White House, and promising to prosecute any shredding or destruction of same. An alternative path would be to impeach Bush once the caretaker VP is in place, but I don't think that's necessary or even advisable. If Bush comes out of this looking noty like a crook, but more like a dumb-cluck who was manipulated and used by the criminals in his administration, that would be good enough. I would rather not test the public's will for an impeachment of nice-guy Bush. Besides, the right wing would look worse for picking an absolute dumb-cluck than for getting sucked in by a smart crook.

    Re: Bush Makes Stingy Use of Pardon Power (none / 0) (#30)
    by squeaky on Thu Apr 20, 2006 at 10:16:45 AM EST
    libbysosueme-Sadly your list boils down to only one item:
    1. Regain control of the Congress.
    The rest will follow only if this comes to pass.

    Re: Bush Makes Stingy Use of Pardon Power (none / 0) (#31)
    by Talkleft Visitor on Thu Apr 20, 2006 at 10:25:22 AM EST
    I wonder if tax preparers are pardoned as well. According to Fox News Dick Cheney made roughly 8 million and something and he gets a 1.9 million dollar refund. Ole Dick Cheney overpaid on his income taxes. Of course if fraud were to be involved it would become open season on all tax preparers. Ole Dick Cheney were led to believe is infalliable,incapable of making mistakes. Can Shot guns be pardoned.

    Re: Bush Makes Stingy Use of Pardon Power (none / 0) (#32)
    by Talkleft Visitor on Thu Apr 20, 2006 at 11:04:51 AM EST
    Libby, That's an interesting list you have there. Could you perhaps flesh it out a bit? 1. Regain control of the Congress. A given. 2. Impeach Cheney or force him out. On what grounds would you impeach him? (Spare the venting, I'm not saying there are no grounds, I'm asking you which you suggest should be made the basis of impeachment). How would you force him out minus impeachment? 3. Refuse to ratify any VP appointment unless it is a respected moderate who promises in advance not to run for president. I.E. a caretaker. Given that what consitutes a "moderate" depends on where one stands on the idealogical spectrum, please define what you mean by this term. An example of someone you feel is a respected moderate would help. And why must they promise not to run fro President? If they are a suitable choice to take over should the President be incapacitated, why aren't they a good choice period? What is the purpose of this restriction on the choice? 4. Investigate, investigate, investigate. A given, but we are likely to see the same kind of stonewalling we've seen from past administrations, both Republican and Democratic, which will make any investigation limited by nature. How do you plan to deal with this? 5. To keep Bush from short circuiting the investigations, let him know that we will impeach his ass as soon as he tries it. (He cannot pardon himself against impeachment.) Otherwise, we may let him serve out his term. Again, on what grounds? Be specific. As for "letting him" serve out his term: I don't think you can stop him from doing so unless you can impeach him, and even then, all you'll have done is create a situation in the Senate, where it is beyond unlikely that he would be convicted, judging from past precedent. What other options do you believe exist to stop him from serving out his term? 6. Criminal prosecutions for the guilty. Absolutely. Oh, I forgot: 1(a). As soon as the new Congress starts, pass a law asserting ownership of every document, recording, email, and whatever in possession of the White House, and promising to prosecute any shredding or destruction of same. Would this law also apply to Congress? An alternative path would be to impeach Bush once the caretaker VP is in place, but I don't think that's necessary or even advisable. Or possible? I supect this comment will generate the usual BS sniping from those who take anything but an outright denunciation of Bush as support for Bush, but there's nothing I can do about that. People will be what they are. But I really am interested in seeing your answers to these questions, and you seem very serious, and I'm hoping you can in fact flesh this list out with something more than the latest conspiracy theories with no evidence.

    Re: Bush Makes Stingy Use of Pardon Power (none / 0) (#33)
    by Talkleft Visitor on Thu Apr 20, 2006 at 02:37:24 PM EST
    1. Regain control of the Congress. A given. 2. Impeach Cheney or force him out. On what grounds would you impeach him? (Spare the venting, I'm not saying there are no grounds, I'm asking you which you suggest should be made the basis of impeachment). How would you force him out minus impeachment? Almost everything we blame Bush for, particularly wrt foreign affairs, Cheney did in spades. How about lying to the American people? How about Plame? Grounds need not be felonies. I also think threat of impeachment -- or even just investigation itself -- will cause him to be dumped. The Republicans may dump him anyway, he's such a liability. 3. Refuse to ratify any VP appointment unless it is a respected moderate who promises in advance not to run for president. I.E. a caretaker. Given that what consitutes a "moderate" depends on where one stands on the idealogical spectrum, please define what you mean by this term. An example of someone you feel is a respected moderate would help. And why must they promise not to run for President? If they are a suitable choice to take over should the President be incapacitated, why aren't they a good choice period? What is the purpose of this restriction on the choice? The purpose is to get the Democrats on board. The Dems FEAR dumping / replacing Cheney because any replacement would be the presumptive nominee and probable successor to Bush. 4. Investigate, investigate, investigate. A given, but we are likely to see the same kind of stonewalling we've seen from past administrations, both Republican and Democratic, which will make any investigation limited by nature. How do you plan to deal with this? By having control of Congress. 5. To keep Bush from short circuiting the investigations, let him know that we will impeach his ass as soon as he tries it. (He cannot pardon himself against impeachment.) Otherwise, we may let him serve out his term. Again, on what grounds? Be specific. As for "letting him" serve out his term: I don't think you can stop him from doing so unless you can impeach him, and even then, all you'll have done is create a situation in the Senate, where it is beyond unlikely that he would be convicted, judging from past precedent. What other options do you believe exist to stop him from serving out his term? I think he would be easier (but no cakewalk) to impeach once investigations turned over the rocks on what his administration has done. I think even the Republicans would be shocked when the whole truth is known. I just think it would be better all around if we make the focus investigation, not retribution. With the election over (and having lost control), the Republicans might be more cooperative. The Democrats would look less like vinbdictive "Bush haters." The public might be in a better frame of mind to listen to the truth if it weren't all just a "Dems get Bush" kind of thing. Nevertheless, why not use a gentleman's agreement not-to-impeach as a quid pro quo to keep him from pardoning Cheney, Rumsfeld, and others who are the real criminals? 6. Criminal prosecutions for the guilty. Absolutely. Oh, I forgot: 1(a). As soon as the new Congress starts, pass a law asserting ownership of every document, recording, email, and whatever in possession of the White House, and promising to prosecute any shredding or destruction of same. Would this law also apply to Congress? Maybe. Why not? An alternative path would be to impeach Bush once the caretaker VP is in place, but I don't think that's necessary or even advisable. Or possible? I've already suggested it may not be possible until more of the truth is dug out, and, even then, difficult because people don't want to impose the supreme penalty on a guy who's main problem is that he's a mental incompetent who may well have been kept in the dark about most of the crimes. We don't need to put Bush in jail. That's just retribution. What we need to do is clean house of the real criminals before they completely destroy the country. We need to bring the whole truth out so that people know it and can't argue with it, and so it cannot happen again. We need someone to caretake the rest of Bush's term. Then in 2008 we can start fresh.

    Re: Bush Makes Stingy Use of Pardon Power (none / 0) (#34)
    by Talkleft Visitor on Thu Apr 20, 2006 at 03:01:05 PM EST
    At this point --- considering the overwhelming amount of official corruption tied to Bush, ‎I'm not going to complain about his dismal record at administering pardons...

    Re: Bush Makes Stingy Use of Pardon Power (none / 0) (#35)
    by Talkleft Visitor on Fri Apr 21, 2006 at 05:58:15 AM EST
    Libby, For the sake of bandwidth, I'm going to work only from your responses. I hope no one has trouble following along. Almost everything we blame Bush for, particularly wrt foreign affairs, Cheney did in spades. How about lying to the American people? Lying to the American people has been shown to not be considered grounds for impeachment, even when it is done under oath. This doesn't mean it can't be tried, but it's unlikely to get you all the way there. How about Plame? How about her? To date, we have no proof that he had anything to do with it, only speculation and claims, and we still have the problem of whether or not the laws in question where in fact broken. I'd say the jury is stil lout on whether you can hang Plame on anyone, but it's a possibility. Grounds need not be felonies. And even felonies need not be grounds for impeachment, even if you and I think they should be. I also think threat of impeachment -- or even just investigation itself -- will cause him to be dumped. The Republicans may dump him anyway, he's such a liability. I doubt this very much, because as long as Cheney is in the hotseat, the pressure if off Bush. The purpose is to get the Democrats on board. The Dems FEAR dumping / replacing Cheney because any replacement would be the presumptive nominee and probable successor to Bush. Sounds like you think the Democrats should be able to have their cake and eat it too. Assuming Bush were to go this route, I doubt very much that he would be willing to give Ted Kennedy and Robert Byrd a veto on his choice. Nevertheless, an example of someone you consider such a moderate would still be helpful. By having control of Congress. The Republicans controlled Congress through most of the Clinton years and we still saw coverups and stonewalling. What makes you think this would be different? I think he would be easier (but no cakewalk) to impeach once investigations turned over the rocks on what his administration has done. Unlikely. Clinton was caught in a direct lie under oath, and it will still a stretch to even get the impeachment charges voted out. Much of what you are proposing is based on your belief that investigation would yield evidence of the kind of charges Democrats have been throwing around since January 21, 2001, but I doubt that's true. Any bodies have been disposed of long ago. I think even the Republicans would be shocked when the whole truth is known. You seem to have an idea of what the truth is. Please explain the details. I just think it would be better all around if we make the focus investigation, not retribution. I'm sorry, but this is BS. At this point, the purpose of any investigation would be a Democratic need for retribution for Clinton, 2000, 2002, and 2004. You will never convice a majority of Americans otherwise (IMO). So just admit the truth and move forward with the investigation. The Democrats would look less like vinbdictive "Bush haters." The public might be in a better frame of mind to listen to the truth if it weren't all just a "Dems get Bush" kind of thing. What kind of mind-altering substances will you be handing out to make everyone forget the last 6 years? It must be some really good stuff. Nevertheless, why not use a gentleman's agreement not-to-impeach as a quid pro quo to keep him from pardoning Cheney, Rumsfeld, and others who are the real criminals? Because he can still issue the pardons on January 19, 2009, at which time it's too late to impeach. Maybe. Why not? Why only "maybe"? Every document created by anyone working for the government is our property, not just those created or held by the Whitehouse, and they are all guilty of a great number of things that might turn up if we had the chance to peruse all of it. I asked because you seem to be placing an awful lot of faith in Congress and asking very little of them in regard to their own obvious corruption. We don't need to put Bush in jail. That's good, because impeachment wouldn't let you put him in jail anyway. What we need to do is clean house of the real criminals before they completely destroy the country. Overlooking the obvious hyperbole, I would suggest we need to clean the House (as in Congress) of the real criminals before they completely destroy the country (and they are a lot further along then Bush is). We need to bring the whole truth out so that people know it and can't argue with it, and so it cannot happen again. We've tried that before, and even though we were dealing with things much easier to follow and to prove, and even though we had a mea culpa from the President in question, people here and elsewhere still argue about it. We need someone to caretake the rest of Bush's term. Then in 2008 we can start fresh. We have such a person, but, sadly for you, it's Bush. He's not going anywhere until 2009. You may not like it. I may not like it. But that's the way it is. It just sucks to be us. As a final suggestion: I wouldn't waste the time involved trying to further poison the well as you suggest and simply focus on finding a solid candidate for 2008 who can give the country a reason to vote for them rather than agaisnt whatever corpse the Republican's drag out of the closet. This means, IMO, no John Kerry or Al Gore, but rather someone with a real message. The Democrats have got to stop running against Bush. He's done already.

    Re: Bush Makes Stingy Use of Pardon Power (none / 0) (#36)
    by Talkleft Visitor on Fri Apr 21, 2006 at 10:55:34 AM EST
    I'm not worrying about saving the Democratic party. My suggestions have to do with saving the country, which IMO won't survive until 2009. 1. The vice president MUST be replaced. He is in the line of succession if Bush resigns, is impeached, or something else happens. Cheney can be impeached, but I think events will do him in long before that's necessary. His replacement must be acceptable to both parties. Almost by definition it must be someone who won't use the appointment to launch a bid in 2008. 2. The whole truth must be brought out. That's far more important than punishment or retribution. Only with the whole truth known will most Americans let go of the notion that Bush was impeded and the country sold down the river by treasonous partisan politics. The treason was in the White House, and Americans need to understand that. They also need to understand that we the people almost blindly sold our country out -- and may yet do so. The Constitution does not protect the nation from its own electorate.

    Re: Bush Makes Stingy Use of Pardon Power (none / 0) (#37)
    by swingvote on Fri Apr 21, 2006 at 12:08:04 PM EST
    Libby, You sound like you have all the answers, but don't know what the questions are. You talk about treason, about selling the country out, as if it's already been done, yet you require an investigation aided and abetted by the administration before you can level any charges, and you seem to want to put the blame for everything on the Whitehouse, and only THIS Whitehouse, rather than acknowledge that Congress, and yes, even we the people, are also responsible. In short, you sound very much like the conservatives who hated Clinton throughout his 8 years in the Whitehouse, and that is why I don't think your list will get beyond this blog. No matter how you spin it, what you are offering sounds very much like retribution. But thanks. It's been interesting.

    Bush Makes Stingy Use of Pardon Power | 33 comments (33 topical)