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 For Immediate Release
Feb 27, 2001 Contact: Press Office
202-646-5172
GEORGE W. BUSH HAS POWER TO BLOCK CLINTON PARDONS

Question is: Will He Exercise His Authority?

House Democrat Judiciary Counsel Concedes George W. Bush

(Washington, DC) Judicial Watch, Inc., the public interest watchdog that investigates and prosecutes government abuse and corruption, has called on President George W. Bush to exercise his authority and declare void the list of 44 pardons issued by former President Bill Clinton during his final hours in The White House. The subject pardons were issued without the required specificity to allow the U.S. Department of Justice to process the applications. Indeed, the President’s letter attempting to grant pardons stated only that the pardonees were being pardoned to the extent set forth in their applications. There were no applications, since the pardons were largely obtained through fraud, bribery, extortion and other illegal acts.

Well-established case law demonstrates that presidential pardons are – and can only be – effective to the crimes specified in the President’s pardon, here his “Executive Grant of clemency.” See, e.g., Ex Parte Weimer, 29 F.Cas. 597, 598 (C.C.E.D. Wisc. 1878) (No. 17,362); Stetler’s Case, 22 F.Cas. 1314, 1315-16 (C.C.E.D. Pa. 1852) (13,380). Further, the law is clear that a pardon does not take effect until the warrant is issued, delivered and accepted. U.S. v. Wilson, 32 U.S. 150 (1833); In re DePuy, 7 F.Cas. 506 (D.C.S.D.N.Y. 1869) (3,814). A warrant cannot be issued and delivered without knowing what was the express basis of the pardon. Finally, until the pardon is delivered, the President may cancel it. This applies even to a pardon issued by a President’s predecessor in office.

Incredibly, Julian Epstein, Chief Democrat Minority Counsel for the House Judiciary Committee, conceded yesterday on “Larry King Live” that President George W. Bush has the power to revoke the pardons.

    “. . . President Bush actually has the legal ability to rescind these pardons if they haven’t been delivered. Ulysses Grant rescinded pardons that were given out by President Johnson in the latter – 1870 – . . .”
CNN Transcript, “Larry King Live,” “Were Bill Clinton’s Last-Minute Pardons Unpardonable?” February 26, 2001.

“The big question is, will President George W. Bush exercise his authority and not process the illegal pardons, given his mantra of ‘let’s move on?’ The President should take the advice of Chief Democrat Minority Counsel Julian Epstein and do the right thing,” stated Judicial Watch President Tom Fitton.

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