Some Big Names Seeking Term-End Pardons

Washington Post: High-Profile Criminals Are Increasingly Appealing Directly To President Bush Before He Leaves Office

(Washingtonpost.com)  This story was written by Carrie Johnson.

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With a backlog of applications piled up at the Justice Department, high-profile criminals and their well-connected lawyers increasingly are appealing directly to President Bush for special consideration on pardons and clemency, according to people involved in the process.

Among those seeking presidential action are former junk-bond salesman Michael Milken, who hired former solicitor general Theodore B. Olson, one of the nation's most prominent GOP lawyers, to plead his case for a pardon on 1980s-era securities fraud charges. Two politicians convicted of public corruption, former congressman Randy "Duke" Cunningham (R-Calif.) and four-term Louisiana governor Edwin W. Edwards (D), are asking Bush to shorten their prison terms.

It remains to be seen how Bush will respond to these requests as his term ends. The president has used his broad pardon powers rarely during seven years in office, granting 157 pardons out of 2,064 petitions, and only six of 7,707 requests for commutations, according to an analysis by former Justice Department lawyer Margaret C. Love.

Aggressive appeals for clemency at the end of an administration are not unusual, but they can raise concerns about influence peddling and fairness, particularly if the president and his legal advisers are not fully transparent, pardon scholars say.

During his last days in office, President Bill Clinton prompted congressional and federal investigations by pardoning 140 people, including his brother, former Arkansas real estate partner Susan McDougal and fugitive financier Marc Rich. White House officials and former deputy attorney general Eric H. Holder Jr., now a contender for attorney general under President-elect Barack Obama, testified about the last-minute pardons in fiery congressional hearings.

Bush has not mentioned pardons often, but in a statement released in July 2007, he said "the Constitution gives the President the power of clemency to be used when he deems it to be warranted."

White House spokesman Tony Fratto said, "Generally the president will review pardon recommendations as he has throughout his presidency, in a thoughtful way . . . on a case-by-case basis, and he'll make his determination."

Not all prominent criminals chose to seek presidential intervention. Alaska Sen. Ted Stevens, a powerful Republican, told reporters this week that he would not ask Bush to pardon him on his recent seven-count felony conviction.

Onetime vice presidential aide I. Lewis "Scooter" Libby, whose prison term Bush commuted last year, has not submitted a formal pardon request, the Justice Department said.

Efforts by high-profile felons come as a list of more routine applicants awaits action from a special Justice Department pardons office, a process that may take up to 18 months. Last month alone, 103 felons submitted pardon applications and 280 sought commutation of their prison terms, according to department statistics. Those figures stack atop an already daunting backlog of hundreds more petitions.

The overwhelming majority of petitioners are not household names. Rather, they are people who served prison time for garden-variety fraud or drug offenses and now seek the president's help so they can vote, live in public housing, own handguns or find jobs.

Clemency is the umbrella term for people seeking presidential relief after being convicted of a felony crime. Some applicants request their sentences be commuted, or shortened, by White House action. Others seek a formal pardon, described by one former Justice Department official as "an official statement of forgiveness."

To be considered, felons using the normal process submit applications to the department's Office of the Pardon Attorney, led by former Marine Corps lawyer Ronald L. Rogers. The FBI provides information about the crime and the person's background, and prosecutors weigh in with their concerns. The cases flow through to the Justice Department's second in command, then to the White House, where associate counsel Kenneth Lee processes them. Final authority rests with the president.

Justice Department regulations say that people are eligible for pardons if they have been convicted, served their sentence and waited five years since their prison release.

Many steps in the cumbersome process can be averted in special cases, since the Constitution gives the president nearly absolute power to grant clemency. The office does not have a formal "first in, first out" policy for when claims should be processed, and at times late applications from high-profile officials with government ties have jumped ahead in the line.

President George H.W. Bush, for example, granted pardons to officials involved in the Iran-contra scandal. Only a week before former defense secretary Caspar W. Weinberger was scheduled to face trial, in a document dated Christmas Eve, the president pardoned Weinberger and several associates, including Robert C. McFarlane and Clair E. George.

Lawyer Robert S. Bennett, who defended Weinberger, said in an interview that he laid the groundwork for a pardon nearly a year in advance. He identified intermediaries to gauge the reaction of then-House Speaker Thomas S. Foley (D-Wash.), consulted with other lawmakers and arranged newspaper opinion pieces. Only weeks before the award, White House officials asked Bennett to complete the pardon paperwork even though Weinberger had not been tried.

"I was the orchestra leader," Bennett said. "Then you've got to get important players to play the instruments."

In the cases now pending, criminals have turned to politically connected lawyers to work the system. Former White House lawyer H. Christopher Bartolomucci is advocating on behalf of clemency clients. Olson is trying to help Milken, who tried unsuccessfully to win clemency from Clinton. Milken was released from prison in 1993.

In the background of the debate is how, if at all, Bush will respond to pressure from left-leaning interest groups and congressional Democrats, who are calling for criminal investigations of former administration lawyers and members of the intelligence community who eavesdropped on Americans without warrants and used harsh interrogation tactics against terrorism suspects.

President Abraham Lincoln bestowed such blanket amnesty on soldiers who took part in the Civil War, and President Jimmy Carter took similar action for people who resisted fighting in the Vietnam War between 1964 and 1973. But scholars disagree about whether the current president could preemptively pardon members of the intelligence community without naming them and specifying the conduct for which they would receive amnesty.

One House Democrat, Rep. Jerrold Nadler (N.Y.), is sufficiently concerned that he introduced a resolution Friday demanding that the president refrain from pardoning "cronies who may well be guilty of serious criminal offenses."

John M. Deutch, the former CIA director criticized by the agency's inspector general for accessing and storing classified memos on an unprotected home computer, arranged to plead guilty to a misdemeanor offense in the waning days of Clinton's term. The president then pardoned Deutch in a last-minute arrangement that some Washington lawyers say could be repeated this time around.

Career prosecutor John Durham has been investigating the destruction of CIA videotapes depicting alleged torture of suspects with ties to al-Qaeda for nearly a year, but no charges have been filed. Meanwhile, the attorney general recently appointed another prosecutor, Nora R. Dannehy, to determine whether crimes were committed by former Justice Department officials in the firings of nine U.S. attorneys in 2006.

Officials involved in those cases, including former attorney general Alberto R. Gonzales and former CIA operations director Jose A. Rodriguez Jr., have not submitted clemency applications, a department spokesman said.

[pirmin3]

Yo, GW. Dey gots da wrong man. Lemme go an I''ll vote for you da nex time you runs.

[hotpaulie]

What else is new????

[littlebit123]

One assumes he will also pardon himself, Cheney, Rummy, Rove and the rest of his henchmen. Hopefully they will all be charged with treason and war crimes.

[xlib]

Won''t compare with the pardon-fest we saw when bubba left office.
Say, wasn''t holder involved with the marc rich (he with the hot wife denise)pardon??

[omded]

Ken Lay should apply for clemancy. Then he won''t need to pretend like he''s dead any more.

[ISCHOONOVER]

Who will pardon him?

[walt1944-2009]

With the end of his term near, the question of who the Great Emperor Bush II will "pardon" of all crimes, past present, and future, has come up.

It is a sure bet that the Great Emperor Bush will pardon anyone who was in his court and currently has legal action pending or could have pending, such as Alberto "The Great Gonzo" Gonzales, Karl "Subpeonas don''t bother me!" Rove, and Josh "Untouchable" Bolton!

It is also suspected that he will pardon criminals already convicted but claiming they are innocent such as "Scooter" Libby, and various neocon Fascist Nazi congressmen such as Larry Craig, and Ted Stevens.

Unfortunately, the Great Emperor Bush II is NOT in a "forgiving mood" when it comes to the average citizen who cannot pay his bills since he is out of work, or the homeless man who swipes a Twinke from a Quik Mart! Examples must be made, and it is the "little people" who will make them!!!

SIG HEIL, I KNOW HOW TO TAKE CARE OF MY FRIENDS!!!, BUSH!!!

[inventagod2]

Bu$h is set to pardon all Republicons and Congress...

[lady_organs]

Bush should pardon all good christian people (republicans).

[excoachken]

I hope he pardons aty least 3 from Federal Prisons, so that there will plenty of room for him and Cheyney and Rumsfeld next year!

[nikosk11]

Pardon nobody. Hang them high.

[brianp55]

What about the two Border Agents that were thrown in prison? I say pardon them, compensate them for back pay and upgrade them to AR-15s.

[redbds]

& demanded free get sick soon & tax world & an end to get well feed world .. ''''

Posted by autumn987 at 12:46 PM : Nov 24, 2008

Huh????????????

[redbds]

The article says some big names but only mentions one that is actually trying to get a pardon. The political spin by CBS continues.

[schoenberg12]

The Great Emperor Bush II and his Aide-du-Camp The Cheney should receive the just reward they merit for their glorious Reign. They should both suffer from Alzheimer''s Disease like the Dumb One, His Reaganship and the Thatcher, their final days spent mumbling about trickle down economics as they themselves trickle down. Hail The Great Emperor Bush II !

[aldon61]

This is going to prove to be interesting. Will "W" pardon his cronies? Will he display compassion and pardon ordinary people like the Texas border guards that were convicted of defending our border from a PROVEN drug runner? Tune in, sometime in the near future, when we all find the answer to the 8 year old question.....What will George do next?

[bigeye9]

Dear Schoenberg12 - I just can''t comprehend your level of hate. I am completely amazed how a living person can hate so much to say what you said. In all my days I have never, or could never say such hurtful things. All I can say is, "I forgive you", but for gosh sakes get some help for your pent-up anger. Peace out.

[javakittee]

Will he display compassion and pardon ordinary people like the Texas border guards that were convicted of defending our border from a PROVEN drug runner?
******************
Those poor guys!! The two border guards should be first on the list of pardons. Like most everything else right now, the justice system is broken. eeeny meeny miney moe....who will G.Dubya now let go......

[mytoosense]

If you are looking for a pardon from a GOP President, It''s now or never.

[mikezembill]

Lady-Organs WHAT! there are no good Christian Republicans as a matter of fact there are no good Republicans in this country. Have your family check you may on the wrong meds.

[imotorist]

It all depends on how much the applicants will donate to the Presidental Library. It will take a lot to buy a pardon these days.

[aldon61]

Time to do away with the presidential pardon. Not exaxtly sure why it was decided that being president affords them the right to just ignore our justice system.



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Posted by rafterman1 at 03:32 PM : Nov 24, 2008

Disagree with you rafterman. Sometimes justice is blind and the innocent, or at least people whose actions are justified by circumstances, are punished due to the "letter" of the law. I do think that the presidential pardons should be reserved for cases like these, and not given to cronies, as "W" is likely to do. The Texas border guards I earlier cited are prime examples of people that should (in my opinion) be pardoned. Both were re-sentenced to 15 years in prison just two weeks ago. Their crime? They shot a drug smuggler that had a record of drug smuggling and a history of violence. Their mistake? They didn''t kill the SOB and he testified against them.

[hologram5]

I think he should save the pardons for himself, Cheney, Rove, Meirs ETC...

[mikezembill]

One of the big names old george is going to pardon is his buddy Bin-Laden he is on top of the list.

[lovegetpeace]

I made $5 Billion just last year alone in the Hinge market and paid $0.00 in Federal Taxes. I am fighting the IRS who wants to take me in jail.

Please Pardon me Mr. President Bush before you leave office on 20 January 2009. I promise to donate millions to the Republican National Committee.

[lovegetpeace]

Your Honor President Bush,
I made $5 Billion just last year alone in the Hinge Housing market and paid $0.00 in Federal Taxes. I am fighting the IRS who wants to take me to jail.

Please Pardon me Mr. President Bush before you leave office on 20 January 2009. I promise to donate several millions to the Republican National Committee.

[hamiltongrad]

Please pardon, the border guards.

[mim13]

The Texas border guards, that were jailed and did not receive protection for shooting a drug dealer from Mexico was a derelication by our own prosecutors, and the Attorney General. The drug dealers later convicted got less time than our own border patrol that is serving time in a fedeal prison. The Border Patrol has already been beaten in Federal Prison, and must live in a holding area; that humans should not live that has done a deed for this country. Something was smelling with Bush and his good cronies in Mexico and the Attorney General. Of course, the Border Patrol does not have the high powered attorneys/cronies of Bush to push for a pardon, but the American people can speak by e-mail. Hopefully, Obama will step up to the plant and pardon the guards. Something must be done for these guards, now.

[babooph]

Any president ever pardon an unconnected middle class crook ?

[murrowseye]

Who will pardon Bush? Or rather, who will prosecute him for his crimes?