No last-minute Bushies pardoned?
No pardons?
It seems that the worries about a flurry of last-minute pardons won't come out. Know why? My "still cynical" take is: Because a pardoned person can't take the 5th in case congressional Dems think about holding a "Truth & Reconciliation commission", or perhaps a "De-Bushification".
How about some new US Attorneys taking a look at stuff... What circuit/district is Gitmo in?
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Either that, or, like the torture memos, there are secret pardons. Click my name for blog on that.
January 20, 2009 8:57 PM | Reply | Permalink
I told TheraP last nite, I think. At a special dinner last nite, w burped and said:
PARDON ME
The lawyers are really on this.
January 20, 2009 9:00 PM | Reply | Permalink
They should get rid of Presidential pardons anyway. It makes no sense.
January 20, 2009 9:33 PM | Reply | Permalink
NOOOOOOOOOO.... Sometimes, it's the only way to get justice.
January 20, 2009 10:02 PM | Reply | Permalink
Or there should be a clause requiring that the pardons go to petty criminals such as people who steal bikes, etc.
January 21, 2009 6:57 PM | Reply | Permalink
The Supremes have answered this.
You may recall it as the habeas corpus case. They held that the Gitmo prisoners had a right to seek relief in federal District Court.
www.cdi.org/news/law/rasul-decision.pdf
January 20, 2009 10:33 PM | Reply | Permalink
So sorry - I completely changed your question. The aforementioned case was brought in the D.C. district court. I don't know of any case that limits which district court they could go to, and it strikes me as more an issue of venue than jurisdiction. But that's just my opinion.
January 20, 2009 10:48 PM | Reply | Permalink
Last comment, I promise. I am a little baffled by "a pardoned man can't take the fifth." 1. Neither can a man given immunity, which congress is free to grant in order to compel testimony. 2. Even if he's pardoned, jeopardy has already attached. That is, you can only pardon someone who has been convicted; he can't be tried again. 3. The 5th amendment applies to criminal cases, not congressional hearings. THIS is the issue. When people like Ralph Nader say reps. and dems. are alike, this is the sort of thing he's talking about. They are spineless. It is intellectually insulting to read the 5th as applying to congressional hearings; there is no case law that settles the question, yet congress allows it. I could puke.
January 20, 2009 11:20 PM | Reply | Permalink
1. Grants of immunity become irrelevant, and thus un-controversial, if a pardon removes jeopardy. It would open the door to charges of contempt of Congress (amply demonstrated in practice if not in law by plenty of Bushies...)
2. Nixon was pardoned by Ford without being tried, even by the Senate.
3. What we need is some congressman (Rep. Ellison, my rep, are you reading?) to stand up and say "Historical truth is more important than a single conviction. First one to talk gets immunity for everything s/he confesses."
Yeah, that's the classic Prisoners Dilemma, but how better to pump up the advance for your memoirs while ensuring you'll be free to enjoy them?
January 21, 2009 6:43 AM | Reply | Permalink
Loyal Bushies, like Scooter and Gonzo, found out just how much they were appreciated by their Decider.
Poor convicted Scooter Libby was stiff armed, No Pardon For Libby
Bush uses clemency powers sparingly to the end
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See also Pardon Me? Don’t Bet On It.
January 20, 2009 11:28 PM | Reply | Permalink
If Bush had any idea whatsoever that his Administation did anything wrong, there would be pardons. But since he really has no clue, as baffling as that may be, he saw no reason to pardon anyone. it is also typical behavior for someone like Bush who uses people without any care whatsoever for their well-being, to discard them like dirty socks when he is done with them. They have their wreak on him, they need to be laundered desperately, but Bush is just going to walk away and get him a new pair of socks.
The party loyalty behavior that the rest of the party practices does not apply to him, or Cheney. It is perfectly clear Cheney feels the same way.
January 21, 2009 2:19 PM | Reply | Permalink