The Phoenix Network:
 
 
About  |  Advertise
Adult  |  Moonsigns  |  Band Guide  |  Blogs  |  In Pictures
 
Media -- Dont Quote Me  |  News Features  |  Talking Politics  |  This Just In

Pardons are forever

By HARVEY SILVERGLATE  |  August 22, 2006

Political storm clouds
Recent developments suggest how a future Democratic-controlled government is likely to act. If the Democrats regain control of Congress in the upcoming midterm elections, various committees will surely issue a flurry of subpoenas. Michigan Democrat John Conyers Jr., who would be the new chair of the House Judiciary Committee, already wrote in a May 18 Washington Post op-ed: “We need to know the extent to which high-ranking officials approved the use of torture and other cruel and inhumane treatment inflicted upon detainees.”

Furthermore, if a Democrat is elected president in 2008, control of the prosecutorial arm of the government would likely pass into hands hostile to lawbreakers under the preceding administration. Even the election of a Republican president would not assure a free pass. After all, some Republicans, including reputed presidential front-runner John McCain, have urged taking a hard line against torture, and Senate Judiciary Committee chairman Arlen Specter has questioned executive-authorized NSA eavesdropping.

Law-breaking administration operatives and those who transmitted presidential orders to them could face real heat from any number of angles. And as my son noted when I bounced my thoughts off him, if Bush gives medals to people who screw up, why not pardons?

Harvey Silverglate, a criminal and civil-liberties lawyer, is a long-time Freedom Watch contributor. Dustin Lewis assisted in the preparation of this piece.

< prev  1  |  2  |  3  |  4  | 
Related: McCain’s crooked talk on torture, Oh, pardon me, Worst in breed: Newsmakers, More more >
  Topics: News Features , U.S. Government, Politics, Arlen Specter,  More more >
  • Share:
  • Share this entry with Facebook
  • Share this entry with Digg
  • Share this entry with Delicious
  • RSS feed
  • Email this article to a friend
  • Print this article
Comments
Pardons are forever
Why do people keep reffering to G.W. Bush as a "War Time President"? Bush is not a war time President. Congress has to declare war. Congress did not declare war so Bush can not be a war time President no matter how many times he and the Bush/Republicans say he is. That's like saying Lyndon Johnson was a war time President for his War on Poverty or Reagan with his War on Drugs. I can see how the average person might be conned into believing these Bush/Republicans lies but not journalists or commentators. The fact that Bush is NOT a war time president puts his and all of those who followed his illegal orders and procedures in their proper light of being criminals who have engaged in crimes against humanity, torture, murder, violations of the Geneva Conventions (which the United States played a major part in formulating and signing) as well as violations of U.S. laws regarding the above crimes. If you put this in the correct context it is obvious that the Bush/Republicans must be tried, convicted and punished for their crimes.
By davr on 08/21/2006 at 5:39:25
Pardons are forever
Thank you for your article.
By davr on 08/21/2006 at 5:47:06
Pardons are forever
Do presidential pardons cover mass murder and war crimes as defined by the UN and the International War Crimes Tribunal of Nuremberg?
By johnmccarthy on 08/22/2006 at 11:21:02
Pardons are forever
It is possible that such pardons could be voided as corrupt and self-serving, though the question is legally unresolved, as I understand it. But the important point is that President Bush cannot pardon himself. Even if he were to let all his partners in crime off the hook with a slew of pardons, a Democratic Congress or a Justice Department under a Democratic administration still could go after Bush for war crimes or any other offense he may be guilty of. After all, those who had been pardoned could be forced to testify about the criminal actions of the Bush administration. They would have no Fifth Amendment protection against self-incrimination because the pardons would render them exempt from prosecution. If they tell the truth, Bush could go to prison. But if they don't tell the truth those who received these pardons could go to prison for perjury with no Republican president to pardon them. It is possible, then, that even if Bush does crank up the pardon machine he still can be held acountable for his many and various felonies. Maybe justice will be served, but it all depends on the Democrats returning to power and having the will to stand up for the rule of law and the Constitution the current administration has such contempt for.
By glennli on 08/23/2006 at 6:55:25
Pardons are forever
My questiong is, can an impeached president grant pardons? The crimes committed by this administration are legion and most of them (president, vice-president, attorney general, secretary of defense and more) belong in jail , not in office.
By bansidh on 08/23/2006 at 1:03:33
Pardons are forever
The lawyers on the progressive side should be preparing arguments that Bush can't pardon anyone whose testimony could help impeach and convict George Bush himself. The only limitation on presidential pardons is "in cases of impeachment" (U.S. Constitution, Article 2, Section 2). http://www.law.cornell.edu/constitution/constitution.articleii.html If a president can pardon people whose testimony could help him get impeached and/or convicted, this exception is meaningless. Carolyn Kay MakeThemAccountable.com
By Caro on 08/23/2006 at 3:02:58
Pardons are forever
The 'pardons' have already been started. A move to relieve Ken Lay from past verdicts was placed in motion. Now that he is deceased the verdict is removable, I suppose. So if Ken Lay should ever show up again tthere would be nothing on the books about him. So he goes free. Thanks to whoever donated their body to be cremated in his absence.
By Cole on 08/23/2006 at 10:00:14
Pardons are forever
How many times are we going to defeat Iraq. We beat them up in the Gulf war 1 and 2. We starved them to death during the Clinton years plus we bomb the hell out of them. What the hecks is left! Civilians! Is Bush going to beat Iraq up until they accept our hospitality! Unless Iraq is Pro/Bush they are not going to survive. Iran was a democracy until we overthrew them. I guess when Iran demanded a fair shake from its oil from the British, we the people decided they were to stupid to govern themselves. Bush is not going to leave Iraq until he gets his hands on all that oil!
By matt hood on 01/17/2007 at 6:56:07

Today's Event Picks
ARTICLES BY HARVEY SILVERGLATE
Share this entry with Delicious
  •   FREE SPEECH AGAIN QUASHED AT HARVARD  |  October 21, 2009
    It should come as no surprise to readers of “Freedom Watch” that yet another instance of political, intellectual, and academic censorship has sprung up at Harvard, the self-touted pinnacle of higher education.
  •   THE GATES CASE ISN'T ABOUT RACE  |  August 05, 2009
    The weeks-long hubbub over the arrest of Harvard professor Henry Louis "Skip" Gates Jr. by the Cambridge Police Department has centered on race, understandably, for two reasons: 1) the African-American population has suffered inequitably in its relations with law enforcement across this country, and 2) a race story is easier for the media to tell — and to sell.
  •   MUZZLE AWARDS: COLLEGIATE DIVISION  |  July 10, 2009
    In a 1957 Supreme Court decision upholding the free-speech rights of university professors ( Sweezy v. New Hampshire ), Justice Felix Frankfurter quoted prominent South African scholars on the importance of academic freedom.
  •   GUILTY UNTIL PROVEN GUILTY  |  June 24, 2009
    The US Supreme Court's June 18 decision denying prisoners access to DNA testing — a procedure that could reliably prove innocence — adds to the high court's decades-long shameful record on criminal-justice issues.
  •   ROBOJUDGE  |  June 11, 2009
    Judge Stephen Breyer, Bill Clinton's latest pick for the Supreme Court, has attracted support so broad that it spans ideological and political differences.  

 See all articles by: HARVEY SILVERGLATE

MOST POPULAR
RSS Feed of for the most popular articles
 Most Viewed   Most Emailed 



  |  Sign In  |  Register
 
thePhoenix.com:
Phoenix Media/Communications Group:
TODAY'S FEATURED ADVERTISERS
Copyright © 2009 The Phoenix Media/Communications Group