Printed from www.ImpeachBush.TV

Subscribe to our Newsletter

"The 35 Articles of Impeachment and the Case for Prosecuting George W. Bush", is available for the cost of $12; and a free downloadable PDF is available on the same site.

How  to Impeach | Constitution | High Crimes | Cities and States |  Grounds | Treaties | Articles of Impeachment |  Process |  History |  Rules | 

Presidential Pardons and Accountability

Pardon Power

The Constitution gives the President a sweeping power that affects our ability to hold the President accountable. Article 2, Section 2 of the Constitution states:

"The President shall ... have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment."

This means the President can grant pardons, overturn convictions, release prisoners from jail, and return fines. The pardon can even extend to crimes for which the person has not yet been convicted or charged as long as the offense had already been committed at the time of the pardon.

There are a few limits to this power. The President cannot overturn an impeachment decision by Congress. Also the crimes to be pardoned must be an offense "against the United States". So the pardon power does not extend to civil suits. (I have seen one claim the President may also be unable to pardon for "contempt of court".) The President can use the pardon power at any time. But the Department of Justice Pardon Attorneys recommend a five year waiting period after finishing a sentence before requesting a pardon.

The intended use of this Presidential pardon was expressed by Alexander Hamilton in the Federalist Papers. One purpose was to allow a President to correct a judicial decision that was unnecessarily cruel but that was required by the letter of the law. Another purpose was to give the President negotiating power when dealing with rebel forces by offering pardons in exchange for laying down arms. It was used this way by George Washington in the Whiskey Rebellion and by Andrew Johnson at the end of the Civil War.

Using Presidential Pardons to Escape Accountability

A President can also use the Pardon Power to protect members of the Executive or their co-conspirators from prosecution and to suppress evidence.

The most famous example was when President Ford granted a "full, free, and absolute pardon unto Richard Nixon for all offenses" committed while President. This prevented Nixon from being prosecuted for offenses related to the Watergate scandal. [text]

In 1992 President George Bush Senior granted pardons to six con-conspirators from the Iran Contra affair. According to the New York Times, "Mr. Bush swept away one conviction, three guilty pleas and two pending cases" bringing to an end the work of independent prosecutor, Lawrence E. Walsh. Among the pardoned was Defense Secretary Casper Weinberger who was refusing to turn over notes that may have implicated President Reagan and could have led to impeachment.

Robert C. McFarlane was also pardoned and later served on the John McCain 2008 Presidential Campaign's "Truth Squad". Elliot Abrams was pardoned for his role as the assistant Secretary of State for Central America. Both McFarlane and Abrams had pled guilty to charges of withholding evidence from Congress related to White House support for the Contras. Elliot Abrams went on to serve on President George W Bush's National Security Council. Abrams is considered to be an architect of the Iraq War and was a member of the Project for a New American Century.

In 2007, President Bush commuted the sentence of Lewis "Scooter" Libby. Libby had been convicted of perjury and obstruction of justice related to the outing of CIA agent Valerie (Plame) Wilson. Note that this was considered a "reprive" and not a "pardon" because it only affected the sentence and did not overturn the conviction.

Resources

 

The liberal alternative to Drudge.          Prosecute Bush and Cheney