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Brooklyn real estate mogul Isaac Robert Toussie “scammed hundreds of poor, minority homebuyers” and got caught. He copped a guilty plea to defrauding the Department of Housing and Urban Development and got a “relatively mild” sentence of five months, without any duty to make restitution. Toussie then went about getting a presidential pardon in the time-honored way. First he hired the president’s former lawyer, Bradford A. Berenson of the firm of Sidley & Austin, to advise him in seeking a pardon. Then his father made donations totaling some $40,000 to the Republican Party or to Republican candidates. Just before Christmas, Toussie got a pardon. He did it on the cheap (the Marc Rich pardon involved a $450,000 donation to the Clinton library). As with the prior commutation that Bush gave to his advisor Scooter Libby, it doesn’t seem that the Justice Department or the Pardons Attorney knew anything about it.
But as soon as the papers began to fill with the sordid dealings underlying the Toussie pardon, the president came down with a severe case of pardoner’s remorse. Bush hadn’t reckoned with the details emerging, at least not so quickly. He purported to rescind the pardon. Rescind a pardon? Actually, pardons are supposed to be irrevocable–binding once granted. But Constitutional doctrine and tradition count for very little for Bush. As the White House explains, the pardon “hadn’t been fully executed,” so it could be called back. It had been signed; Bush means that it had not been delivered or accepted. These final steps are in theory necessary to make the pardon effective.
This recalls the historical moment that Friedrich Schiller turned into a dramatic high point in the play Mary Stuart–the Scottish queen’s execution. In Act V, Queen Elizabeth flies into a rage on learning of her cousin’s beheading, saying that, though she had signed the warrant, she had not authorized its delivery and performance. It was a way for the Virgin Queen to cast off blame for her own act and place it on others. And so it is with Bush.
There’s more drama to come, but the prologue is already very interesting. And the precedent could prove unnerving to those receiving Bush’s last-minute pardons. It suggests, after all, that Barack Obama has the power simply to revoke the pardons–something that legal scholars considered, up to this point, almost unimaginable.
More from Scott Horton:
Six Questions — October 18, 2014, 8:00 pm
Nathaniel Raymond on CIA interrogation techniques.
On a Friday evening in January, a thousand people at the annual California Native Plant Society conference in San Jose settled down to a banquet and a keynote speech delivered by an environmental historian named Jared Farmer. His chosen topic was the eucalyptus tree and its role in California’s ecology and history. The address did not go well. Eucalyptus is not a native plant but a Victorian import from Australia. In the eyes of those gathered at the San Jose DoubleTree, it qualified as “invasive,” “exotic,” “alien” — all dirty words to this crowd, who were therefore convinced that the tree was dangerously combustible, unfriendly to birds, and excessively greedy in competing for water with honest native species.
In his speech, Farmer dutifully highlighted these ugly attributes, but also quoted a few more positive remarks made by others over the years. This was a reckless move. A reference to the tree as “indigenously Californian” elicited an abusive roar, as did an observation that without the aromatic import, the state would be like a “home without its mother.” Thereafter, the mild-mannered speaker was continually interrupted by boos, groans, and exasperated gasps. Only when he mentioned the longhorn beetle, a species imported (illegally) from Australia during the 1990s with the specific aim of killing the eucalyptus, did he earn a resounding cheer.
Percentage of Britons who cannot name the city that provides the setting for the musical Chicago:
An Australian entrepreneur was selling oysters raised in tanks laced with Viagra.
A tourism company in Australia announced a service that will allow users to take the “world’s biggest selfies,” and a Texas man accidentally killed himself while trying to pose for a selfie with a handgun.
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“Shelby is waiting for something. He himself does not know what it is. When it comes he will either go back into the world from which he came, or sink out of sight in the morass of alcoholism or despair that has engulfed other vagrants.”