George W. Bush and the Pardon Power
As the possible pardon of Mr. Libby is contemplated, there is bound to be some attention given to George Bush's general use of the pardon power. The media have observed - more than a few times - that Bush has been "stingy" with pardons. Former U.S. Pardon Attorney Margaret Colgate Love has been critical of Bush's non-use of the power and has even felt comfortable suggesting specific numbers which should have been granted by a certain point in the administration.
Here, on the other hand, is some context you are not likely to get elsewhere: 1) The decline in the use of the pardon power is general, dating from at least the 1960s, and probably the early 1900s. George W. Bush did not cause it. His administration is merely the latest manifestation of it. 2) Individuals who have come to the office of the presidency with previous experience as the governor of a state have generally been less liberal with pardons than their counterparts. As governor of Texas, Bush knew what it was like to take heat for using the clemency power in relation to notorious criminals (Henry Lee Lucas) and repeat offenders (Steven Raney). Many a governor has had similar experiences. 3) Bush came to the presidency in the aftermath of a late-term pardon controversy. Historically, presidents in similar circumstances have been slow to use the pardon power. Truman's antics had an impact on Eisenhower's use of the power. The criticism Johnson received for pardons appears to have had an effect on Nixon's initial use of the power. Carter (with the Nixon pardon fresh in everyone's minds) waited eleven months before any substantial pardon activity. Bush issued the Iran-Contra pardons and, for quite a period of time, Clinton seemed well on his way to using the power less than any president since John Adams! In sum, pardon controversies have their impact - on the administrations that follow them. 4) There is some evidence to suggest Republican presidents have been less forgiving than Democratic presidents.
Add 1 through 4 and you have this: There was no real reason in the world for anyone to have expected George W. Bush to use the pardon power much, much less with great frequency.
Here, on the other hand, is some context you are not likely to get elsewhere: 1) The decline in the use of the pardon power is general, dating from at least the 1960s, and probably the early 1900s. George W. Bush did not cause it. His administration is merely the latest manifestation of it. 2) Individuals who have come to the office of the presidency with previous experience as the governor of a state have generally been less liberal with pardons than their counterparts. As governor of Texas, Bush knew what it was like to take heat for using the clemency power in relation to notorious criminals (Henry Lee Lucas) and repeat offenders (Steven Raney). Many a governor has had similar experiences. 3) Bush came to the presidency in the aftermath of a late-term pardon controversy. Historically, presidents in similar circumstances have been slow to use the pardon power. Truman's antics had an impact on Eisenhower's use of the power. The criticism Johnson received for pardons appears to have had an effect on Nixon's initial use of the power. Carter (with the Nixon pardon fresh in everyone's minds) waited eleven months before any substantial pardon activity. Bush issued the Iran-Contra pardons and, for quite a period of time, Clinton seemed well on his way to using the power less than any president since John Adams! In sum, pardon controversies have their impact - on the administrations that follow them. 4) There is some evidence to suggest Republican presidents have been less forgiving than Democratic presidents.
Add 1 through 4 and you have this: There was no real reason in the world for anyone to have expected George W. Bush to use the pardon power much, much less with great frequency.
posted by P.S. Ruckman, Jr. | 12:55 AM
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