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Can you pardon the innocent?
There's been a lot of speculation swirling around about Bush's
potential presidential pardons. In particular, people are wondering if
he'll preemptively pardon any and all unnamed individuals in his
administration or their agents who had anything to do with torture,
extraordinary rendition, and warrantless wiretaps. A "blanket" pardon
of unnamed people is not unprecedented
but earlier examples were all part of a national healing process after
a time of profound social and political upheaval. I feel this is very
different.
The immediate problem is that the pardons would be for acts that undermine our constitution and are contrary to our fundamental national values. They are violations of human rights and, no doubt, have placed our country in greater danger by enraging people with their audacious flouting of international law.
For me, however, I see another fault, one that cuts to the core of the problem with the Bush administration. How can you pardon people for "crimes" before those people have been found guilty in a court of law? If they are not guilty of a crime, they are innocent, no? And therein lies the problem I think. The Bush folks for years now have been chasing, capturing, wiretapping, torturing, and locking people up on pure suspicion. No longer is guilt necessary to be nasty to people. Tangentially but related, I've noticed lately how the White House has altogether stopped using the word "suspected" in sentence such as "US aircraft bombed the camp of a [suspected] terrorist with ties to Al Queda." No trial needed. He's a terrorist!
Admirably, they are applying the same standard to themselves. They presume their people are guilty of a crime, thus in need of pardoning. But I say, how can you pardon "innocent" people? Or has they very ideas of "innocent until proven guilty" become a trite nicety, no longer valid in America?
The immediate problem is that the pardons would be for acts that undermine our constitution and are contrary to our fundamental national values. They are violations of human rights and, no doubt, have placed our country in greater danger by enraging people with their audacious flouting of international law.
For me, however, I see another fault, one that cuts to the core of the problem with the Bush administration. How can you pardon people for "crimes" before those people have been found guilty in a court of law? If they are not guilty of a crime, they are innocent, no? And therein lies the problem I think. The Bush folks for years now have been chasing, capturing, wiretapping, torturing, and locking people up on pure suspicion. No longer is guilt necessary to be nasty to people. Tangentially but related, I've noticed lately how the White House has altogether stopped using the word "suspected" in sentence such as "US aircraft bombed the camp of a [suspected] terrorist with ties to Al Queda." No trial needed. He's a terrorist!
Admirably, they are applying the same standard to themselves. They presume their people are guilty of a crime, thus in need of pardoning. But I say, how can you pardon "innocent" people? Or has they very ideas of "innocent until proven guilty" become a trite nicety, no longer valid in America?
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With this bunch, there is no innocent. There is only uncharged.
November 22, 2008 8:00 AM | Reply | Permalink
Well said. Thanks for the comment.
November 22, 2008 8:37 AM | Reply | Permalink
Everything you said makes sense. And therefore has no meaning for our current regime. Who cares if it's been done before? Who cares what the implications might be? They surely don't. As long as they get off scott-free nothing else matters. Look at what they continue to do to the environment with everyone watching!
They don't care, and our Congress let them get away with crimes that should NEVER have been overlooked. After this "administration" what President, for what crime, could ever be impeached again?
Answer: A Democratic one, for just about anything.
November 22, 2008 10:29 AM | Reply | Permalink
It has been done before. Gerald Ford pardoned Richard Nixon before any indictment, and certainly before any conviction:
http://en.wikisource.org/wiki/Proclamation_4311
Reading that proclamation is a good reminder that the power to pardon comes from the Constitution. Consequently, the proposed Nadler Resolution is a gentle suggestion by a Democratic House to a Republican president who has never demonstrated any sensitivity to external suggestions..
Strikes me that, if abuses continue, there will be a need to amend the constitution to abridge the power to pardon to exclude pardons for acts that may have been done in coordination with the administration, or some such language. Without continued abuses (let's hope!) the current language will stand. As a result, every 30 years or so, we'll have some loser pardon some other losers, which will piss off most of the nation, but not enough that we'll actually do anything about it.
Is Vegas currently running odds on Bush pardons? Probably not a bad bet.
November 22, 2008 11:03 AM | Reply | Permalink
Bush #41 pardoned an indicted but not convicted Defense Secretary Caspar Weinberger.
Bush 41 got Caspar off the hook and shut down special prosecutor Lawrence Walsh's investigation of the Iran/contra affair missile deals (Reagan had made it illegal to sell weapons to Iran, then secretly sold weapons to Iran at inflated prices) the Republicans were thus making money off the books (from Iran) in order to buy arms and fund their illegal war in Central America.
November 23, 2008 1:59 AM | Reply | Permalink
I'd rather see Bush use a blanket pardon than watch Obama choose not to investigate the Bush White House. The result will be the same, but at least Obama won't be making himself forever complicit to the crimes of the Bush White House.
November 22, 2008 1:34 PM | Reply | Permalink
On the other hand, in the latter case, we’d know a lot more (in a bad way) about Obama. I’d rather send him up to the plate and see what he does. If he’s that kind of person, I want to know it as soon as possible.
November 23, 2008 2:32 AM | Reply | Permalink
You make a great point.
November 22, 2008 7:02 PM | Reply | Permalink
He cannot pardon *future* crimes. This is why Congress should set up a truth and reconciliation commission with subpoena power. False testimony would be perjury, which can be prosecuted. Failure to respond to a subpoena is contempt of the Congressional process.
November 23, 2008 12:15 AM | Reply | Permalink
Well, it used to be.
November 23, 2008 2:33 AM | Reply | Permalink
A slightly different take. If he pardons "them", does that not make it clear that the administration believes them to be guilty? If so, does that guilt not extend to the administration itself?
November 23, 2008 12:31 AM | Reply | Permalink
It might to you and me, but I’m sure that Bush would say that he was just trying to prevent these “fine public servents” from being persecuted by people trying to “criminalize partisan politics”.
He might even give a bunch of them Medals of Freedom to go along with their spiffy new pardons.
November 23, 2008 2:37 AM | Reply | Permalink
Thank you for attention to this. Well done!
November 23, 2008 10:29 AM | Reply | Permalink