Mark Kleiman proposes that Congress pass a law barring the President from using any funds "in this or any other bill...to receive or process a petition for pardon, or to issue or prepare to issue a pardon, for any offense of which the person to be pardoned has been convicted within the previous five years."
Kleiman's theory is that this would be another of those "meaningful" (useless) resolutions that would show the Democrats are really, really serious about something.
Libby's lawyers could write up a pardon proclamation and hand-carry it to Mr. Bush (his secretaries would be barred from so much as opening the envelope and handing the President the contents). But it would put the Congress firmly on record behind a sound policy already embodied in regulation. If the rider were attached to the appropriation for the Executive Office of the President, Mr. Bush wouldn't have much choice but to sign, or to force a shutdown of his own office in defense of the principle that perjury isn't actually a crime.
Well, no. It would show that Congress interfering in a presidential power is unconstitutional.
Even Kleiman acknowledges the constitutional problems with such a law (Duh!). But don't expect the fact that such a law would be a clear infringement of presidential powers to stop Democrats.
Democrats (and a few opportunistic Republicans) have been in a lather since the Libby verdict that President Bush might do the right thing and pardon Libby. According to the Democratic interpretation of the pardon power, Libby is ineligible for a pardon because:
--he didn't violate various drug laws, including the importation of cocaine (Nicholas M. Altiere), possession and intent to distribute cocaine (Chris Harmon Bagley), possession of cocaine (David Roscoe Blampied), illegally dispensing a controlled substance (Leonard Browder), possession of marijuana (Delores Caroylene Burleson, aka Delores Cox Burleson),
--he didn't launder money (Bernice Ruth Altschul)
--he didn't evade taxes (Joe Anderson Jr.)
--he didn't defraud a financial institution and commit wire fraud (William Sterling Anderson)
--he didn't commit securities fraud and mail fraud (Almon Glenn Braswell)
--he didn't evade taxes and make illegal deals with the Iranians during the Iranian hostage crisis.
--he didn't commit armed bank robbery (Gerald Owen Smith)
The complete list of Bill Clinton's pardons is here
This doesn't include the slap on the wrist Sandy Berger received for stealing documents, lying about it, then destroying them.
So, let's recap: Republican doesn't remember when he first heard about lyin' Joe Wilson's wife Valerie Plame: prison time. Stealing, drug trafficking, embezzling, committing a variety of fraud types, dealing with our enemies, committing armed bank robbery: presidential pardon ok!
So glad they cleared that up.
|