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Friday, July 06, 2007 

Correction: But you missed the point

My last blog entree I said Bush had no pardons or commutations. This is not so. I could care less how many he has already delt out. An Anonymous commentor went to the trouble to look it up and post it. Thankyou for your time and research.

The point of my last blog be it Clinton, Reagon, Carter, Truman , Grant, which ever former or new President it is. The point of the comparrison is this.

All Presidents can and more then likely will give pardons and commutations of sentences. Many to the displeasure of the victems and or public opinion. It is part of the office. There is no congressional oversight. No public poll, or conspirocy to come to the decision of who gets what. What it is is a Constitutional right that what ever sitting President is granted under the Constitution.

Ford pardoned Nixon, Clinton let terrorst out of jail, and Bush has commuted Scooters sentance.


A FEW OF BUSHES DECISIONS:

Charles James Allen (1979 conspiracy to defraud the United States. A former federal employee, Allen was convicted for approving payments to James Hilles Associates Inc., a Virginia firm, for office supplies that were never delivered. In return, Allen received car parts, a radio, a freezer and other gifts from the firm. Pardoned December 21, 2006)
Alan Dale Austin (1987 misapplication of mortgage funds)
William Sidney Baldwin Sr. (1981 conspiracy to possess marijuana. Pardoned December 21, 2006)
Timothy Evans Barfield (1989 aiding and abetting false statements on a Small Business Administration loan application. Pardoned December 21, 2006)
Bruce Louis Bartos (1987 transportation of a machine gun in foreign commerce)
David Thomas Billmyer (1978 military conviction for making a false claim)
Clyde Philip Boudreaux (1975 military conviction for borrowing money from enlisted men, accepting a noninterest-bearing loan from a government contractor and signing and swearing to a false affidavit. Pardoned December 21, 2006)
Marie Georgette Ginette Briere (1982 possession of cocaine with intent to distribute)
Carl E. Cantrell (1967 moonshining)
Charles Winston Carter (1964 conspiracy to steal government property)
Meredith Elizabeth Casares (1989 embezzlement of US Postal Service funds)
Randall Leece Deal Clayton (1960 and 1964 liquor laws)
Charles Russell Cooper (1959 bootlegging)
Dale C. Critz, Jr. (1989 making a false statement)
William Charles Davis (1983 income tax evasion)
William Henry Eagle (1972 moonshining)
Mark Alan Eberwine (1985 conspiracy to defraud the United States by impeding, impairing, and obstructing the assessment of taxes by the Internal Revenue Service and making false declarations to the grand jury. Pardoned December 21, 2006)
Robert Carter Eversole (1984 theft)

Sorry to be anonymous. The Blog wouldn't accept my Google ID, so the only option to post something was without a name. Sorry about that.

As you know, 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 [or commuted sentence] reduces the severity of a punishment without removing the guilt of the person reprieved. A pardon removes both punishment and guilt. Libby of course was a reprieve, not a pardon.

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 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 which is really too bad. In fact, it's a severe misuse of power in my mind.

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 list of Clinton pardons and commutations is a total abuse of this power and privilege.

I don't think I missed your point at all. Article II, section 2 has been hijacked.

Jerry's Kid,

Thankyou for your imput. I agree that the power to grant a pardon or commutation has been hijacked and used for POLITICAL reasons. I think we are thinking along the same lines but on parrell pages. My point is that wether we like the decision or not the Prez can do it for whom he wants. Unfortunately in the 20th century it has been for political not moral reasons.

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