Turley on Blanket Pardons

Law prof Jonathan Turley, I see from my referrer log, agrees with me that a blanket pardon for Bush administration officials involved in torture is a Constitutionally dubious idea:

A “blanket pardon” would raise serious constitutional and criminal questions, though there is some precedent in the Kennedy and Carter administrations. A traditional pardon is a public document naming individuals who are pardoned for specific crimes. One possibility being discussed is the use of a blanket pardon that would not individually name people but cover anyone associated with the unlawful programs. It would be a terrible precedent, if upheld. A president could pardon the world at the end of an Administration — gutting any accountability for criminal acts.

One of his commenters suggests this needs to be addressed through a Constitutional amendment:

I have thought about this since the Scooter Libby disaster, and would propose one that would be something like “A president may not pardon or commute any one in his/her administration for crimes committed during the administration.”

I agree — and think a blanket pardon would touch off a massive, world-wide controversy with unforeseen political costs for the US. It would invite third-country prosecutions of the Pinochet variety.

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One Response

  1. I agree that a blanket pardon would be a dangerous precedent, but if Bush does initiate a blanket pardon, it is possible that it just might result in even more investigations into his administration’s illegal activities.

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