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- From: pat@sphinx.phys.Virginia.EDU (pat walsh)
- Newsgroups: alt.fan.dan-quayle
- Subject: Re: Bush 's pardons
- Message-ID: <1992Dec30.164855.14861@murdoch.acc.Virginia.EDU>
- Date: 30 Dec 92 16:48:55 GMT
- Sender: usenet@murdoch.acc.Virginia.EDU
- Organization: University of Virginia Physics Department
- Lines: 49
-
- Dhanesh writes:
-
- (about amending the Constitution to modify the president's power to pardon)
-
- >What about leaving the pardon power in but amending it to:
- > 1. allow a pardon only after a criminal conviction is obtained?
- > 2. forbid a pardon of anyone prosecuted/convicted by an Independent Counsel?
- > 3. forbid all pardons in the twelve months after a Presidential election?
- > 4. forbid all pardons of those whose offenses are impeachable?
- > 5. require a national referendum to confirm each pardon?
- > 6. forbid even the *idea* of the self-pardon?
- >As you can imagine, there are arguments for and against each of these checks.
-
- Okay, just a few quick off-the-top-of-my-head reactions:
-
- 1. Yes! Gerald Ford argued that Nixon needed to be pardoned because the
- whole Watergate mess was tearing the country apart, but I think he did
- the country greater damage by showing that the people at the top are
- apparently above the law. Same with GHWB's pardons. Let's at least
- find out the truth before even considering pardons.
-
- 2. Intriguing; worth examining since the whole idea of an Independent
- Counsel, by definition, is to make prosecutors of the executive branch
- totally independent of that branch. Allowing the executive to pardon
- persons so convicted only undercuts this ideal. While we're at it, how
- about putting the Independent Counsel law itself or its equivalent into
- the Constitution?
-
- 3. I don't think I'd go along with this. There may be persons other than
- government officials who are truly deserving of a pardon. I think the
- goals we're after can be better pursued by some of your other proposals.
-
- 4. Yes! Now we're getting at the heart of the matter. (Actually, I suppose
- there might be cases where this isn't a good idea, but it sure sounds
- appealing.)
-
- 5. No, I don't think pardons should be left to the whim of the electorate.
- Again, I think your other proposals will better deal with the situation.
-
- 6. Sounds good (well, maybe not literally forbidding the *idea* :-)), but
- I'd like to hear some of the "con" arguments.
-
- Well, there's a few thoughts. Someone may persuade me I'm wrong, particularly
- on 2, 4, and 6. Anybody else want to contribute? Rebuttals, modifications,
- new proposals, etc., Dhanesh?
-
- - Patrick Walsh
- University of Virginia Department of Physics
- pw@virginia.bitnet, pw@virginia.edu, pat@gomez.phys.virginia.edu
-