Obama on Libby

In a stop in Tallahassee, Florida, Barack Obama told an audience that President Bush's handling of the Scooter Libby commutation would "help" the Democrats in the upcoming election (see story here). I know there has been some excitement about the Libby commutation. And there will be some anticipation of a full, unconditional pardon as the term comes to an end. But it is quite interesting to think the Democrats could take the high ground on any discussion about presidential pardons. The Clinton administration just wasn't that long ago and, of course, the race appears to be Hillary Clinton's to lose. It would be easy enough to think that, from her perspective, any discussion of pardons would be too much.

On other hand, if there is any serious, sustained effort by the Democrats to make political hay out of the Libby commutation, we just might have, for the first time in national electoral politics, some attention to possible reform of the pardon power. Dare I say ... UNPRECEDENTED?

Personally, I don't think Libby's case will be discussed in any serious way, or offered up as some sort of sure-fire vote getting device. Most Americans did not follow the case or have any serious opinion regarding it. What polling data we have certainly stretches the bounds of scientific credulity. See my commentary here and here . On the other hand, Obama's suggestion highlights something political scientists - for whatever reason - have consistently refused to see:

Regardless of what happens in 2008, the pardon power of the president has played a significant role in more than a few elections. The tendency in the discipline, however, is to note that Gerald Ford's approval rating in the polls dropped significantly after the Nixon pardon and, therefore, it may very well have cost Ford the race. End of discussion.

I guess very few people remember Bill Clinton, in a presidential debate, listening to a Bob Dole rebuke regarding extracurricular commentary on pardons and then responding, "No comment." It produced the best laughter that evening. It was an amazing moment. Years later, he would be accused of using the pardon power to benefit the electoral status of his wife, in a race for the U.S. Senate seat in New York (the F.A.L.N. pardons).

Ronald Reagan was accused of trying to mobilize Hispanic voters by pardoning one of the Watergate conspirators. Jimmy Carter was accused of the same sort of "politics" when he commuted the sentences of Puerto Ricans who shot up the House of Representatives (hitting 5 congressmen) and an individual who had attempted to assassinate Harry Truman.

Gerald Ford and Carter spent all sorts of time figuring out their position on amnesty for Vietnam draft evaders. It was, by any measure, a major issue in the campaign.

Of course, the use of amnesty was a major issue following the Civil War and, therefore, a primary feature of several presidential campaigns. Long after the War was over, the question was what to do with the Rebels and their leaders.

John Adams tried to use the pardon power strategically, to gain votes in what he figured would be a tight race with Thomas Jefferson. Jefferson, meanwhile, made a campaign promise that he would pardon everyone still in prison for violating the Alien Sedition Act if he were elected. Jefferson was elected and he kept his promise.