Heading the Bush pardons off at the pass

Scott Horton has a short piece at Harpers providing some historical perspective on the use of presidential pardons to avoid the prosecution of presidential administrations and how one New York congressman is hoping to prevent this obstruction of justice.

The story begins in 1992, when then President George H.W. Bush issued pardons to six of his Administration's officials, including his defense secretary, to prevent their prosecution for crimes committed while engaged in the Iran Contra affair.  As Horton points out, the lame duck Congress, the incoming Democrats, and the just elected Bill Clinton team were so busy planning their legislative agenda, they looked the other way. 

Flash to 2008.  The 110th Congress is now wrapping things up.  The 111th Congress is about to assume office, and the Obama Administration is busy nominating members and fashioning an economic plan.  Rumors that President George W. Bush is set to announce broad blanket pardons to classes of individuals that have engaged in inarguably illegal activities (namely, illegal surveillance and torture), have prompted Rep. Jerrold Nadler to introduce House Resolution 1531.  That bill anticipates and condemns such a blanket pardon.   The findings of the measure:

(1) it is the sense of the House of Representatives that the granting of preemptive pardons by the President to senior officials of his administration for acts they may have taken in the course of their official duties is a dangerous abuse of the pardon power;

(2) it is the sense of the House of Representatives that the President should not grant preemptive pardons to senior officials in his administration for acts they may have taken in the course of their official duties;

(3) it is the sense of the House of Representatives that James Madison was correct in his observation that ‘‘[i]f the President be connected, in any suspicious manner, with any person, and there be grounds [to] believe he will shelter him, the House of Representatives can impeach him; they can remove him if found guilty’’;

(4) it is the sense of the House of Representatives that a special investigative commission, or a Select Committee be tasked with investigating possible illegal activities by senior officials of the administration of President George W. Bush, including, if necessary, any abuse of the President’s pardon power; and

(5) the next Attorney General of the United States appoint an independent counsel to investigate, and, where appropriate, prosecute illegal acts by senior officials of the administration of President George W. Bush.

You can read the whole resolution here.  You can contact your representative to register your support for Nadler's measure here.