Bush's Libby move revives (unfortunately) Paris Hilton story

Forget Paris Hilton,the Libby move brings up B.J.Clintons pardons for money and Hillary's political future...
B.J. pardoned Marc Rich after he gave ONE MILLION DOLLARS to the B.J.Clinton Library.
B.J.also pardoned 16 Puerto Rican F.A.L.N terrorists so Hillary could get the Puerto Rican vote in New York.
While Bush is at it,he should give B.J.and Hillary pardons for all the crimes they commited in the past and the ones they will commit in the future.

Paulo

The Supreme Court ruled that clemency is valid only when all judicial remedies have been ehausted.

Because the judicial process has not been exhausted, the President is affected the planned appeals, arguably intruding into the Judicial Branch's power.

[Emphasis in original] "The Supreme Court itself has opined that '[c]lemency is deeply rooted in our Anglo-American tradition of law, and is the historic remedy for preventing miscarriages of justice where judicial process has been exhausted.' " [ 66 Ohio St. L.J. 875]

The President has no basis to say that Libby has "suffered" in that the appeals have not been ehausted; and the Supreme Court has not reviewed the case.

Is there a reason Libby Counsel did not exhaust all options in requesting District court Review, or appealing the sentence to the supreme Court?

Summation

Until all judicial options have been exhausted -- which Libby counel have not done -- the President may not lawfully grant clemency.

Paris Hilton? Again? So soon?

Please kill me now.

Paulo,

Marc Rich didn't work for the USA govt like Scooter did, not only that Paulo, SCOOTER WAS A WHITE HOUSE EMPLOYEE!

You Wingnuts need to come up with some better excuses other than "....but..but..Bill Clinton" to expain away this Republican administrations lawbreaking ways.

Cheryl,

Care to site some case law?

Bubba to Swamp.

Come in Swamp.

Cheryl,

What the President did in the Scooter Libby case was a special form of pardon known as a partial pardon or “commutation,” in which the punishment is remitted or commuted in part while leaving other punishments intact. In particular, the President commuted Mr. Libby’s prison term, “leaving intact and in effect the two-year term of supervised release, with all its conditions, and all other components of the sentence.” As granted, it is perfectly lawful and effective despite the fact Mr. Libby hasn’t exhausted his appellate remedies.

Legal authorities show that the President’s power to pardon may be exercised at any time after an offense against the United States has occurred, and before any offender is arrested, indicted or tried. In the case of Ex Parte Garland, 71 U.S. (4 Wall.) 333, 380 (1866), the U.S. Supreme Court stated the President’s power to pardon “extends to every offence known to the law, and may be exercised at any time after its commission, either before legal proceedings are taken, or during their pendency, or after conviction and judgment.” (Emphasis added; and see also Ex Parte Grossman, 267 U.S. 87, 120 (1925), in agreement.) In fact, the first U.S. Supreme Court case to consider the pardon power, U.S. v. Wilson, 32 U.S. (7 Pet.) 150 (1833), relied on English authorities to the effect that “a pardon may be pleaded in bar,” and also “pleaded in arrest of judgment.” (Id., at 161-163.) Anything that can be pleaded “in bar” or in “arrest of judgment” removes a court’s jurisdiction to try or punish a person for an offense before an appeal is taken.

Consider also the historical practice. By proclamation, Presidents Washington, John Adams, Madison, Lincoln, Johnson, Theodore Roosevelt, and Carter all granted blanket amnesties pursuant to their Article II, Section 2 power to grant Reprieves and Pardons. (See, e.g. Carter’s Executive Order, Proclamation 4483, Granting Pardon for Violations of the Selective Service Act, found at: http://www.usdoj.gov/pardon/carter_proclamation.htm .) Not only were the people so pardoned never punished, they were never prosecuted, and they never had to exhaust appellate remedies before obtaining the benefit of their pardons. Do you remember Richard M. Nixon? He was indicted for offenses arising from the Watergate debacle, but was never tried or convicted, because of President Ford’s intervening pardon.

In summary, the President’s pardon power may effectively end a prosecution before it ever begins. Needless to say, this means the exercise of that power does NOT have to await the exhaustion of appellate remedies to be effective.

I’m glad I could clear that up.

On FOX today they said Rich's lawyer was none other than Scooter Libby!

Can someone tell me, who will be forgotten first as time slogs along, the little Hilton girl or Scooter?

While Bush is at it,he should give B.J.and Hillary pardons for all the crimes they commited in the past and the ones they will commit in the future.

Paulo

Posted by: Paulo | July 3, 2007 1:03 PM

Spoken like a true nut. Yes Marc Rich was indefensible but pales in comparison to Libby. You consistently defend traitors and therefore are in fact one as well. Pathetic.

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"Vlad! Where have you gone! Come back!!"

**********
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Go 'way from my window,
Leave at your own chosen speed.
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It ain't me you're lookin' for, babe.

(B. Dylan)