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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Blanket Pardon?

Mark Benjamin at Salon thinks Bush is planning a wide-ranging pardon of all in his administration who might’ve been involved in torture. That’s certainly been a possibility all along, and the president’s pardon power is wide-ranging. But I should think it’s at least arguable that it has to be exercised on behalf of specific, named individuals. That makes a long-shot court challenge to an all-encompassing pardon for a class of individuals at least theoretically possible, if someone can be found who has standing. That’s probably a bigger uncertainty than the actual merits.