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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:
Conversation — March 30, 2016, 3:44 pm
Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.
In Havana, the past year has been marked by a parade of bold-faced names from the north — John Kerry reopening the United States Embassy; Andrew Cuomo bringing a delegation of American business leaders; celebrities ranging from Joe Torre, traveling on behalf of Major League Baseball to oversee an exhibition game between the Tampa Bay Rays and the Cuban national team, to Jimmy Buffett, said to be considering opening one of his Margaritaville restaurants there. All this culminated with a three-day trip in March by Barack Obama, the first American president to visit Cuba since Calvin Coolidge in 1928. But to those who know the city well, perhaps nothing said as much about the transformation of political relations between the United States and Cuba that began in December 2014 as a concert in the Tribuna Antiimperialista.
Estimated temperature of Hell, according to two Spanish physicists ‘ interpretation of the Bible:
The ecosystems around Chernobyl, Ukraine, are now healthier than they were before the nuclear disaster, though radiation levels are still too high for human habitation.
A TSA agent in Seattle was arrested for taking up-skirt photos of women in the airport, a Maryland police officer was arrested for taking up-skirt photos of an off-duty colleague, and the Georgia Court of Appeals ruled that taking up-skirt photos is legal in the state.
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“Matt was happy enough to sustain himself on the detritus of a world he saw as careening toward self-destruction, and equally happy to scam a government he despised. 'I’m glad everyone’s so wasteful,' he told me. 'It supports my lifestyle.'”