Yesterday, the White House moved quickly to take the rare action of revoking President Bush’s pardon of Isaac Toussie after media reports revealed a number of improprieties in the case.
Individuals seeking a pardon from the president are instructed to do so through an application that can be found on the Department of Justice website. The Pardon Attorney, Ronald L. Rodgers, then reviews the applications and makes a recommendation to the president.
But White House Press Secretary Dana Perino told reporters yesterday that Rodgers “was not involved in the decision about Toussie.” The official reason given by the White House was that — because Toussie’s application “was filed less than five years after Toussie completed his sentence” — he was ineligible for a pardon per DoJ guidelines and had to instead be considered by the White House counsel’s office as a special case. That explanation contradicts the assurances that Perino had been giving reporters for months about the pardon process:
PERINO: “I would not comment on the pardon process — except for to say that anyone who is eligible for a pardon can apply for one, and those requests go through our pardon attorney, which is at the Justice Department.” [12/3/08]
PERINO: “We never discuss pardons and the process. Of course, anybody who is eligible to request a pardon can do so, and they are given due consideration at the Justice Department, at the Office of the Pardon Attorney.” [11/19/08]
PERINO: “We never comment on pardons. People who are eligible to apply for a pardon can do so through the pardon attorney at the Department of Justice. And we don’t comment on the deliberations that are underway.” [11/18/08]
Perino misled reporters and the public by suggesting that pardons would be granted to “anyone who is eligible” by applying through the pardon attorney. Of course, if you’re a real estate scam artist who gave family contributions to Republicans and hired a former White House counsel as your attorney, the rules don’t apply.
Perino Pledged That Pardons Would Be Granted Through The Pardon Attorney»
– - In the words of Eric Stratton, aka Otter, Perino replied, “You fukced up…you trusted us!”
December 25th, 2008 at 12:30 pmPerino lied?
I’m shocked, I tell ya.
/heavily snarky
December 25th, 2008 at 12:55 pmAnd by the way, Bush just ‘un-pardoned’ Tousse.
Does that mean that Obama can then un-pardon Casper Wienberger and put him on tiral for the Iran COntra cover-up?
And can Obama then also un-commute Libby’s sentence?
December 25th, 2008 at 1:06 pmIt would be pretty hard to retry Casper Wienberger, since he died on March 28, 2006, almost 3 years ago!
December 25th, 2008 at 1:13 pm5th Estate has a good point. Does the president have the constitutional authority to revoke a pardon once it is officially issued? At what point does a pardon technically become “official”? Once official, how can a president un-do that? If this person officially got his pardon, then I do not believe anyone, including Bush, can do anything about it. In general, that’s good. In this case, that sucks.
December 25th, 2008 at 2:02 pmWould American expect any thing ethical,moral, or otherwise good from the Bush administration? Let’s face it, the entire Bush administration is a disaster from A to Z.
December 25th, 2008 at 2:21 pmFurther proof, as if we needed it, that Shrub cannot, has not, and will not ever do anything right.
December 25th, 2008 at 2:24 pmKlem Kiddilehopper Says: It would be pretty hard to retry Casper Wienberger, since he died on March 28, 2006, almost 3 years ago!
But…but,,,he’s still ‘alive’ on my old blog!!
December 25th, 2008 at 2:26 pmSomehow, I missed the fact that Casper is dead. What good news.
December 25th, 2008 at 2:30 pmWayne… well Bush clearly didn’t follow procedure in granting the pardon ( no review, not five years etc) so maybe it is all moot. But I’m pretty sure Toussoe will be looking for a do-over.
December 25th, 2008 at 2:32 pmI can’t help but note that as Toussie was ‘pardoned’ outside of official procedures, it’s a bit of a ‘reverse Blagojevich’.
I don;t expect the press to beat this one to death though, despite the implications I mentioned at #3
I, too, was wondering about the legality of “revoking” the pardon, and what the time frame on this is… is this a three-day lemon law provision, or 90-day Return, or does the pardonee forever dance at the end of presidential marionette strings?
This has “SCOTUS” written all over it, and by the time it gets there… well… `twill be interesting.
December 25th, 2008 at 2:33 pmThe Constitution does not say the President shall have the power to withdraw pardons.
Regarding the Pardon Attorney, I made this point some months ago. The President has the power – the Pardon Attorney process is only a mechanism that was created to help the process. A pardon attorney is not a Constitutional process. The President does not even need to make his pardons public, he could just as well sign a letter and give it to whomever was being pardoned. The pardonee could proffer the letter when threatened with an offense.
The Berenson thing is fascinating. Berenson helped Dick Cheney railroad the whole torture process. I bet Dick owed Berenson a favor, and this is what Berenson wanted. And the fact that the pardon went through unconventional channels, and was embarrassing to Bush would suggest Cheney. And don’t forget to follow the money. I bet Berenson stood to make out BIG.
December 25th, 2008 at 2:39 pmSomeone needs to ask Perino if White House Counsel Fred Fielding reviewed the pardon application – and if he endorsed it… If he did not, maybe Cheney ran another “going around the system” special much like he did with Berenson.
Or maybe Cheney reviewed the pardon application with Bush personally.
December 25th, 2008 at 3:01 pmOf course, if you’re a real estate scam artist who gave family contributions to Republicans and hired a former White House counsel as your attorney, the rules don’t apply.
Right, that’s why Toussie was a “Special Case”, just like Scooter Libby will be a “Special Case” too.
I wouldn’t be surprised if Cheney has giving the shrub a pardon for “Any actions past or present” while the shrub was having a colonoscopy looking for his brains. To reciprocate, the shrub gave Darth Cheney a meritious lifetime pardon for “Any actions past, present or in the future”. Because Cheney always wanted to be legally above the law.
December 25th, 2008 at 3:33 pmI Toussie can afford to give over $ 28 K to the RNC – of course without any anticipation of receiving favors in return – I’d say he’s doing pretty good without having a pardon.
gh
December 25th, 2008 at 3:36 pm@COProgressive
I’ve believe for a long time that during those few instances when Cheney was “acting President” while Bush was under the knife, he used that opportunity to issue pardons. Those pardons just have not yet been publicized because only he and the recipients know about them. And the only time the recipients will have to ever reveal the pardons is when they are threatened with legal consequences for their actions. At which point they will pull out the letters, signed by Dick.
Remember when Cheney “penned a letter” while “acting as POTUS” in 2007? The grandchildren letter was cute, but I’m sure he also penned a few more letters at that time.
Cheney has been described as a master of the bureaucracy.
December 25th, 2008 at 3:39 pmDecember 25th, 2008 at 3:40 pm
The interesting thing about the POTUS’s ability to issue pardons is that it is limited to FEDERAL crimes, and does not extend to violations of state laws (except those of DC). That is confirmd by the DOJ’s online instructions. However, it does extend to immunize conduct that has not yet resulted in a conviction. (Andrew Johnson and Jimmy Carter exercised that power.)
Are there any state law-based claims that may be brought against the Bush cabal, even if someone buys a round of pardons for the house from Chimpy?
December 25th, 2008 at 4:05 pm“The vigilance, diligence and unwavering commitment of those who protect our Nation has kept us safe from terrorist attacks of the kind we faced on September 11, 2001.”
Irony only the truly wicked GOP can appreciate. HE IS THE TERRORIST repsonsible for 9/11.
Please replace the name of “Casper Weinberger” with Ollie North, and the whole thread will be correct.
December 25th, 2008 at 4:07 pmI say forego the ARREST, and trial of Dick Cheney and just commence with the HANGING.
December 25th, 2008 at 4:08 pmWOW! 5th Estate, you’re really on the ball! Pardons can be reversed!!! Whoop to do!!! Any Bush pardoning of pre- or post- criminals can be reversed by President Obama. Joy to the world!
December 25th, 2008 at 4:15 pmDana got caught like Scotty did in a White House lie.
December 25th, 2008 at 4:23 pmI look forward to Magic Bullet Senator Specter grilling Eric Holder on the pardon President Clinton gave Marc Rich. Looks like God is back in charge as every scam the GOP does now backfires. Bush has shown the old school politics of pay for a pardon is sill active. Toussie gave the RNC 28,000 dollars for his pardon and he will get it. Bush will slip it in hours before he leaves office. Yes he’ll hope the Obama Team doesn’t catch on to what he did. Who know Madoff might get a secret pardon too.
Local, state, and federal prosecutors can, indeed, bring “pardon-proof” charges against the guilty parties. And there’s always the chance of international courts deciding to act as well.
December 25th, 2008 at 5:41 pmKlem Kiddilehopper Says:
December 25th, 2008 at 6:52 pmIt would be pretty hard to retry Casper Wienberger, since he died on March 28, 2006, almost 3 years ago!
“““““““““““““““““““““““““`
Not really. His corpse would obviously remain silent on the stand and the judge would translate this as Casper pleading the fifth. Which he would do anyway if he were alive today and on trial.
The real letter Dick Cheney wrote as acting president to his grandchildren:
Dear Kate, Elizabeth, Grace, Philip, Richard and Sam,
My position as the ruler of the free world is a very important, dangerous and stressful job as the citizens of the planet rely on me to remain safe from terrorists and liberals.
Now because of my importance to the free world you must understand that you, my grandchildren must remain eating and living healthy on the Organ Harvesting Farm, that your grandpa has forced, allowed you to live on.
You see I must at a moments notice have access to your young, fresh organs in the case that mine fail due to old age. With out them the world as you know it will come crashing down into a hellfire of death and chaos everywhere.
I hope it comforts you that although your lives are being fulfilled for one purpose and one purpose only and that you as children are not allowed to have the fun in life as other children your age, you are the very reason for the world to continue to survive in a peaceful, secure state as long as I am alive.
Sincerely,
Grandpa Dick
PS: Philip, you need to lay of the carbs if not you will be waterboarded.
December 25th, 2008 at 7:04 pmLeave the most easiest thing on earth to do and chimpy will still f it up.
pardons don’t mean shite if chimpy giving them away.
December 25th, 2008 at 7:39 pmHis Chimpliness contends that a pardon does not become official until such point that the recipient of the pardon
receives an official signed copy of the pardon by the Office of the Presi-dunce.
Since the office of the boy child king had not yet officially delivered the pardon to Isaac Toussie,.. bu$$h retained the opportunity to decree any thought of or act of a pardon null and/or void.
Toussie and his legal team may revisit this issue in a court of law.
December 25th, 2008 at 10:37 pmLove the picture. Pinocchio’s nose is growing more every day, every speech.
December 26th, 2008 at 10:40 amI hate Perino’s politics, but damn, she’s hot!
December 26th, 2008 at 11:20 amGod I hate Dana the Sock Puppet. STFU already. And she’s not hot.
December 26th, 2008 at 2:25 pmThe lyin’ sack o’ cute strikes again. Who’s she gonna lie for after chimp-boy goes back to Texas?
December 27th, 2008 at 11:01 am#31… The answer to your question is SMU.
December 27th, 2008 at 6:36 pm