Presidential pardons

Nadler Plans Constitutional Amendment To Curtail Pardon Power

Justin Elliott | December 5, 2008, 11:09AM

Rep. Jerrold Nadler (D-NY) plans to introduce a Constitutional amendment in the coming months to impose limits on the president's near absolute pardon power, he told an NYU-Harper's forum on justice in the post-Bush era Thursday night.

Nadler, who two weeks ago introduced a resolution demanding President Bush not issue 'pre-emptive' pardons of officials in his administration, said his amendment would bar presidents from pardoning members of their own administration for official acts. The president would retain the power to pardon the secretary of state for, say, beating his wife, Nadler said, but not for actions taken in an official capacity.

Nadler added he is considering adding a section limiting the pardon power in the final months of a presidential administration.

"This is something the Congressman thinks is very important, and it's a priority for him," Nadler spokesman Ilan Kayatsky told TPMmuckraker today. Kayatsky said Nadler's office is still doing planning and research on how to structure the amendment.

The president's pardon power is drawn from Article II, Section II of the Constitution, which states in part:

[The president] shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

Nadler's amendment would have to be passed by a two-thirds vote of both the Senate and the House and then be ratified by three-fourths of the states.

Ted Stevens

Stevens To Ask For New Trial

Zachary Roth | December 3, 2008, 5:01PM

Looks like we may not have heard the last of Uncle Ted.

Politico reports:

Lawyers for convicted Sen. Ted Stevens (R-Alaska) told a federal judge today that they will soon file a motion seeking a new trial.

Stevens, who was defeated in a bid for a seventh full term, will ask Judge Emmet Sullivan to overturn his conviction on seven federal corruption counts for failing to disclose more than $250,000 in improper gifts.

Stevens' defense team raised numerous objections to the Justice Department's handling of his corruption trial, arguing that the government deliberately withheld potentially exculpatory information and witnesses during the proceedings.

A hearing is scheduled for next month in regard to claims by a witness that he was unofficially promised immunity by prosecutors in exchange for his testimony, and lied about it on the stand.

Several of Stevens' Senate colleagues have recently raised the possibility of asking President Bush to pardon the octogenerian lawmaker.

Duke Cunningham

Petition Seeking Pardon For Cunningham Has Just 13 Signatures After Three Years

Natalie Sherman | November 25, 2008, 2:30PM

The clock's running out on the Bush administration, which leaves just 56 days for the president to wipe criminal slates clean. Former California GOP congressman Randy "Duke" Cunningham officially filed for a presidential pardon back in July, but sympathy for the man one author dubbed the "most corrupt congressman in history" appears pretty lackluster.

We noticed that there are only 13 signatures on an online petition designed to demonstrate public support for a pardon, even though it was posted nearly three years ago -- just two days after Cunningham pleaded guilty to accepting more than $2.4 million in bribes.

The 66-year-old, who has a history of prostate cancer, was later sentenced to 100 months in prison.

Fred Johnson III is listed as the organizer of the petition. Mr. Johnson did not respond to an e-mail, sent through the petition site, asking for his thoughts on Cunningham's odds. We'll settle for yours.