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Boss Hawg rides again. In what can only be described as an inexplicable act, Haley Barbour granted unconditional pardons to 214 prisoners just before leaving office on Tuesday. Included in that motley group? Brett Favre's brother, a few prison trustees who worked in his office, 14 murderers, and others who just happen to be violent criminals.

As you might imagine, the victims' families are outraged by this. It's one thing to give full pardons to people who might have been wrongly convicted, and another entirely just to use the sweep of a pen to release people who present a danger to their victims and victims' families.

Recognizing this, a judge has blocked the release of a few of the prisoners, stating that Barbour violated the Mississippi State Constitution by not publishing their release date 30 days in advance. While that release may stop a few for a short time, it's doubtful that they will be able to defend keeping them in prison if the pardon holds.

According to this report on Megyn Kelly's show (yes, I know, but it's what I was recording), Mississippi Attorney General is attending to the victims' families' complaints. Well, maybe. Honestly, I was a bit chilled to hear him say this:

So I think, they're gonna be fine. Just be careful.

Ya think? I'm not sure what possessed Haley Barbour to grant these pardons, to be honest. It strikes me as a cynical and self-serving move. Maybe he wanted his own posse?



Bill Clinto Kim Ill_d8aa9.jpg American Journalists in North Korea_2d760.jpg

(graphics via Reuters)

Wow, this is wonderful news. Bill Clinton helped our two journalists to get out of North Korea.

South Korea – North Korean leader Kim Jong Il issued a "special pardon" freeing two jailed American journalists after talks with former U.S. President Bill Clinton, North Korea's official news agency announced Wednesday.

Clinton, who arrived in North Korea Tuesday on an unannounced visit, met with the reclusive and ailing Kim for talks described by Pyongyang as "exhaustive." It was Kim's first meeting with a prominent Western figure since his reported stroke nearly a year ago.

The release of Laura Ling and Euna Lee, who were arrested March 17 near the China-North Korea border, was a sign of North Korea's "humanitarian and peace-loving policy," the Korean Central News Agency reported.

State media said Clinton apologized on behalf of the women and relayed President Barack Obama's gratitude. The report said the visit would "contribute to deepening the understanding" between North Korea and the U.S.

I was listening to the Villagers today on TV talk like Clinton had an agenda opposite President Obama. This was incredibly swift. Good for him. I guess speaking with people that don't like us isn't a bad strategy after all, Mr. Kristol. I'm sure Laura Ling and Euna Lee would agree.

UPDATE: Poor John Bolton, the sad sack neocon didn't think it was a good idea either.

The point to be made on the Clinton visit is that the knee-jerk impulse for negotiations above all inevitably brings more costs than its advocates foresee. Negotiating from a position of strength, where the benefits to American interests will exceed the costs, is one thing. Negotiating merely for the sake of it, in the face of palpable recent failures, is something else indeed.

What an idiot. And here is still whining on FOX News:

BOLTON: But I worry that the outcome is a lot better for North Korea than for the United States. I mean this is a classic case of rewarding bad behavior, the seizure of these two basically innocent Americans. Obviously all of us want to get them out but we want it done in a way that doesn’t increase the risks in the future for other Americans seized by North Korea, seized by Iran, seized by other despotic regimes and then turned into pawns to get senior officials like former presidents to come and legitimize the regime in order to get them out.

As my friend Jon Perr said:

Jeez, it’s not like Obama sent Clinton there with a cake, a Bible and U.S. weapons, like Ronald Reagan…



10 pardons to watch out for

Politico has a great article today which reviews the ten pardons President Bush is most likely to make between today and tomorrow. I'd say Scooter Libby is a sure bet, although my favorite candidate has got to be Alberto Gonzalez.

Politico:

3. Pardon Prospect: Former Attorney General Alberto Gonzales

Status: A special prosecutor based in Connecticut, Nora Dannehy, has been assigned to review whether Gonzales misled Congress or otherwise interfered with inquiries into the firings of U.S. attorneys. He’s also being investigated for allegedly preparing false after the fact notes of 2004 congressional briefing about warrantless surveillance. Gonzales has denied wrongdoing, but lacks a solid job and could still run up big legal bills trying to ward off a prosecution.

Pros: Gonzales a longtime loyal Bush aide; arguably punished by lack of significant employment since resigning under pressure in 2007

Cons: Pardon could be seen as self-serving since it was Bush who reportedly asked Gonzales to memorialize 2004 Congressional meeting; will prompt charges of cronyism.

Politico Odds: 1 to 1.



Bush_a1777.jpg

A tale of two moral compasses. The NY Times issued an editorial exhorting Bush to not "abuse" the pardon privilege:

With the Bush administration drawing to a close, it is presidential pardon season. Presidents have become increasingly shameless about issuing pardons to insulate political cronies from prosecution, even to protect themselves. We hope President Bush will not abuse the pardon power by putting his appointees, political supporters or friends above the law.

The Constitution gives the president sweeping authority to grant pardons. The founders intended for presidents to use this power as an “act of grace” or to promote the public welfare. It was never intended to be a get-out-of-jail-free card for people close to the president who stretched, bent or broke the law.

A nice, if a bit naive, sentiment. The editorial goes on to point out how past presidents have abused the privilege, so it's not without precedent to have Bush issue pardons to whom he wishes to repay for their political loyalty (Hi, Scooter!).

But it is svengaliesque William Kristol whose advice will much more likely be heeded by his PNAC buddies and disciples in the Executive Branch. He argues in his Weekly Standard that the right thing for Bush to do is to pardon any and all foot soldiers in his War on Terror™:

One last thing: Bush should consider pardoning--and should at least be vociferously praising--everyone who served in good faith in the war on terror, but whose deeds may now be susceptible to demagogic or politically inspired prosecution by some seeking to score political points. The lawyers can work out if such general or specific preemptive pardons are possible; it may be that the best Bush can or should do is to warn publicly against any such harassment or prosecution. But the idea is this: The CIA agents who waterboarded Khalid Sheikh Mohammed, and the NSA officials who listened in on phone calls from Pakistan, should not have to worry about legal bills or public defamation. In fact, Bush might want to give some of these public servants the Medal of Freedom at the same time he bestows the honor on Generals Petraeus and Odierno. They deserve it.

Unbelievable. This goes beyond immorality and straight into a complete lack of humanity. And let me for the record reiterate that Bill "Brave with other people's kids" Kristol has NEVER been right. Not once. Not when he cheerleaded the Iraq invasion and lied about the reasons. Not when he cheerleaded Sarah Palin and led the campaign to get her on the GOP ticket. Not once in his weekly appearances on Pravda, er...FoxNews has he ever given even the slightest semblance of being right. And now he goes against his employers at the NY Times (Jeez, what does it take to fire a bloodthirsty, warmongering amoral Republican flack? Obviously as much as it does in the US Senate) to suggest that those who have violated every principle that was supposed to be the American dream should get the farkin' Medal of Honor?

And sadly, the Villagers will look to this and not blink an eye.



Would Bush consider 'pre-emptive pardons'?

George W. Bush has been exceedingly stingy when it comes to presidential pardons and commutations, issuing fewer than any modern president. But as Bush’s presidency winds down, there’s some talk about the president using his powers to help conceal some of the administration’s own transgressions.

As the administration wrestles with the cascade of petitions, some lawyers and law professors are raising a related question: Will Mr. Bush grant pre-emptive pardons to officials involved in controversial counterterrorism programs?

Such a pardon would reduce the risk that a future administration might undertake a criminal investigation of operatives or policy makers involved in programs that administration lawyers have said were legal but that critics say violated laws regarding torture and surveillance.

Some legal analysts said Mr. Bush might be reluctant to issue such pardons because they could be construed as an implicit admission of guilt. But several members of the conservative legal community in Washington said in interviews that they hoped Mr. Bush would issue such pardons — whether or not anyone made a specific request for one. They said people who carried out the president’s orders should not be exposed even to the risk of an investigation and expensive legal bills.

There are two angles to consider here: whether the White House would do this and whether the White House could do this.

On the prior, the Bush gang isn’t saying much. The NYT asked the White House about whether “pre-emptive pardons” — clearing people of legal responsibility before they even face charges — are on the table. The Times reported, “Emily Lawrimore, a White House spokeswoman, would not say whether the administration was considering pre-emptive pardons, nor whether it would rule them out.”

On the latter, is this even a legal option? Does the president even have the authority to pardon someone who isn’t even facing criminal charges? Apparently, he can.



Mid-day Open Thread

lest we forget Lest we forget, the Christmas Eve, 1992 pardons of Bush 41. Open Thread below...



Texas governor spares life of getaway driver

Given Texas’ legal and political culture, and given Texas Gov. Rick Perry’s (R) penchant for the death penalty, this is quite a surprise.

Gov. Rick Perry accepted a parole board recommendation Thursday to spare condemned inmate Kenneth Foster, the getaway driver in a 1996 murder who had been scheduled for execution within hours. [...]

Foster was convicted of murder and sentence to death under Texas’ law of parties, which makes non-triggermen equally accountable for a crime. Another condemned man was executed under the same statute earlier this year.

“After carefully considering the facts of this case, along with the recommendation from the Board of Pardons and Paroles, I believe the right and just decision is to commute Foster’s sentence from the death penalty to life imprisonment,” Perry said in a statement.

Be sure to read Digby’s take on why today’s developments offer a “glimmer of hope.”



Action Alert: Tomorrow Georgia May Execute An Innocent Man

ph2007071501429.jpg Via The New York Times:

Though prosecutors have considered the case solved for nearly two decades, a chorus of eyewitnesses say the police arrested the wrong man. Now, on the eve of execution, scheduled for Tuesday, they have joined his family and his lawyers in an effort to get the courts to hear new evidence they say proves he is innocent.

With no physical evidence — the murder weapon was never found — prosecutors relied heavily on the testimony of nine eyewitnesses who took the stand against Mr. Davis.

But since his trial, seven of the nine have recanted or changed their testimony, saying they were harassed and pressed by investigators to lie under oath. Other witnesses have come forward identifying a different man as the shooter.

But because of a 1996 federal law intended to streamline the legal process in death penalty cases, courts have ruled it is too late in the appeals process to introduce new evidence and, so far, have refused to hear it. Read more...

More on this story from The Washington Post and AJC.com.

Call the State Board of Pardons and Paroles, and ask them to grant clemency to Troy Davis: 404-651-6599

(Many thanks to James Rucker from ColorOfChange.org)

UPDATE: Davis has been awarded a 90 day stay of execution.



Broder at his best

Duncan found this excellent piece (read it all) by David Broder from 1993 about Bush #41 and his pardon of the Iran-Contra's Caspar Weinberger:

We don't need more convictions and pardons of government officials. We need scorn and shame for those who violate their oaths of office. And that is a penalty that the American people -- and only the American people -- can invoke...read on

It's a scathing indictment of the media. If the Bill O'Reilly's would turn their attention to these crooked politicians and white collar criminals instead of crimes that are already abhorrent in our society we might reach Broder's conclusion. But then again, FOX NEWS would not have as many analysts working for them.



Mike's Blog Round Up

It's Knuttz: Great images of G-Dub in Brazil showing the orchestrated view...and the real street.

Lawyers, Guns and Money: Treason-in-Defense-of-Slavery Heritage Month

Red State Son: Khalid Sheikh Mohammed confesses to more shocking crimes...

Norbizness: The Left must be stopped...I've gone too far

Opinions You Should Have: Bush pardons Fitgerald!

HOLY CRAP: Looks like Kentucky won't be turning out a lot of scientists...All they want is control of your bodies, your behavior, your thoughts...Muslims and ex-Muslims standing up to radical Islamic violence...OMG! Gospel mimes?...Texas diverted $5 million from sucessful family planning programs to antiabortion crisis pregnancy centers and medical misinformation...Atlantic City Baptist minister succumbs to temptations of the flesh...Students from Jerry Falwell’s Liberty "University" get scuffed up when attempting to match wits with Richard Dawkins...The General writes to Dr.Albert Mohler, president of the Southern Baptist theological Seminary, who obviously didn't get the memo about this...The Family Research Council has hired former Ohio secretary of state, Ken Blackwell