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Bush Clemency Followed Call From Iowa Governor

The New York Times has gone through President Bush's latest round of pardons and commutations, issued on December 23rd, and found some interesting new nuggets.

We already knew about the case of Isaac Toussie, the New York real estate crook whose pardon was revoked after it emerged that his father was a major Bush donor.

But the Times adds to that the story of Reed Prior, an Iowan serving a life sentence for a drug conviction.

Prior's previous applications for clemency, including one filed as recently as December 2007, were rejected. But this year, Prior's lawyer asked Iowa governor Chet Culver (whose wife he happened to know) to call White House counsel Fred Fielding and schedule a meeting about the application. Culver did so. After meeting with Prior's lawyer, Fielding recommended granting the application, which President Bush then did.

And here's another case of what looks like special treatment:

Alan S. Maiss, once president of Bally Gaming Inc., was convicted in 1995 in a case related to a video-poker scandal in Louisiana. In seeking a pardon, Mr. Maiss was represented by H. Christopher Bartolomucci, an associate White House counsel from 2001 to 2003.

Mr. Maiss applied on Dec. 26, 2007, far later than most of the other pardon recipients. A Justice Department spokeswoman, Laura Sweeney, said Mr. Maiss did not get through quickly because of special treatment. Ms. Sweeney noted that two others who were granted pardons in December had applied recently -- in August 2007 and February 2008.

But Douglas A. Berman, a criminal law professor at Ohio State University, and a clemency consultant, said "there's no doubt" that Mr. Maiss had received fast-track treatment.

Mr. Bartolomucci, who has several other clemency clients, said he visited the White House in August 2008, "hand-delivered the materials that had already gone to the Justice Department," and "took a few minutes" to talk with the associate counsel who handles pardons, Kenneth Lee, about Mr. Maiss's case.

"His application was granted because of its considerable merits," Mr. Bartolomucci said.

Leaving aside the merits or lack thereof of these particular cases, the larger problem here is the simple fact that these backdoor routes aren't open to the great majority of people.

Karen Orehowsky, described as a volunteer clemency consultant who advised Mr. Prior's commutation team, tells the Times:

It takes a 'Hail Mary' from people who have a lot of connections and who are willing to put their neck out for people they care about, and it's unfair to people who don't have those connections.

Seems about right.


5 Comments

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I apologize if this has already been ironed out - but do we know if Toussie's pardon was unconditional or conditional. Both the WSJ and the New York Times have law-blogged that an unconditional pardon is irrevokable. Here's the Journal:

“There are two types of pardons — conditional and unconditional,” Harold J. Krent, a Con law prof and the dean of Kent College of Law, told the Law Blog today. “Conditional pardons depend on the beneficiary doing certain things, such as leaving the country or the Communist party, or not consorting with undesirables. There, presidents have the right to determine unilaterally whether someone has failed the condition. But, in Toussie’s case, it was an unconditional pardon. So, in my mind, when the pardon vests or becomes final then it’s a legal act that can’t be revoked. That’s going to be a detail question. Did Bush announce the pardon? Was it delivered?”


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Complaining about special treatment because they had an inside track? Oh, you mean complaining about somebody besides OURSELVES that got special treatment because they had an inside track. Now I get it.

Who among us hasn't gratefully benefitted from knowing the right person at the right time to get special attention. Its the way the freakin' world works.

Whining about this is where we're at now?

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Confound Them All, I agree, this is kind of a strange story.

"Look, some people are benefiting form special treatment not available to all people!" Isn't that exactly the nature of the beast that is the presidential pardon mechanism? Very, very few people are ever even considered for this.

"Look, some of these pardons are being fast-tracked!" Isn't that exactly what needs to happen to most pardons at this late stage to have them seen by Bush before he leaves office?

I'd be a lot more interested in hearing why the individual pardons do or do not have merit than any of the above "revelations".

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Anyone want 10-1 odds that some money changed hands in some or in all of these cases? Maybe for the President Bush library?
.

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Anybody have any idea who will take Richardson's place as Commerce Secretary? Our local progressive radio station said this morning it might be Washington Governor, Chris Gregoire. Damn, I hate to lose her...but she's supposed to make some sort of announcement today. She's in D.C. and it's all very hush-hush.

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