| For Immediate Release Mar 1, 2001 |
Contact: Press Office 202-646-5172 |
AT LEAST 44 PARDONS ARE INVALID AND CAN BE HELD BACK LAST MINUTE RUSH BY CLINTON CAUSED PARDONS TO BE LEGALLY DEFICIENT (Washington, D.C.) Judicial Watch, the public interest law firm that investigates and prosecutes government abuse and corruption, called on President Bush to rescind as invalid for lack of specificity at least 44 pardons issued by Bill Clinton. In his mad rush to issue pardons on his final day of office, Clinton issued the following statement: AFTER CONSIDERING THE REQUESTS for executive clemency of the following named persons, I hereby grant full and unconditional pardons to the following named persons for those offenses against the United States described in each such request: The problem is that at least 44 of the 138 individuals listed had no pending requests before President Clinton. The incoming Bush Justice Department was therefore saddled with the unconstitutional task of divining the intent of President Clinton�s pardons for individuals who had no pardon requests pending. In other words, the Bush Justice Department is now guessing about the scope of pardons issued by President Clinton. Well-established case law, going back to the 19th century, mandates that pardons be specific as to the offenses being pardoned in order to have any legal force or effect. This makes sense, as any pardonee could otherwise use a general, unspecific pardon to be protected from prosecution for any crime committed -- whether known or unknown. And, the law is also well-established, until a pardon is delivered, a President may cancel it � even if it was first issued by his predecessor. (See earlier press releases.) Among the 44 pardons issued by Bill Clinton that thus have no force or effect because they are not specific are those issued for Susan McDougal, Roger Clinton, Glenn Braswell, Henry Cisneros, and Fife Symington. �At a minimum, President Bush should not process these 44 defective pardons � at least until he and his Justice Department lawyers can fully analyze the law and Congressional and grand jury investigations are completed. If it is confirmed that the pardons were obtained through bribery or even blackmail, President Bush then has the authority to rescind them. By taking these precautionary actions President Bush can strike a blow for justice and restore faith in the president�s proper pardon powers,� stated Judicial Watch Chairman Larry Klayman. | |