No Comment — November 22, 2008, 3:22 pm

The Bush Pardons

Note: this post initially stated that Caspar Weinberger was convicted of crimes related to the Iran-Contra affair. Mr. Weinberger was to have stood trial in 1993. But on Christmas Eve 1992, President George Bush ended Mr. Weinberger’s legal troubles, pardoning him and several other officials caught up in the scandal. The post has been updated to reflect this correction.

How does the George W. Bush presidency most resemble that of his father, George H.W. Bush? It may be best to wait to the last, agonizing days of reign of Bush the Lesser before making any call. Recall that Bush 41 left office with a flurry of highly controversial pardons, affecting a large number of individuals who were caught up in the Iran-Contra scandal. In December 1992, while Americans focused on the incoming Clinton Administration, Bush 41 wielded the pardon power to free former defense secretary Caspar Weinberger and five others who had been indicted, plead guilty or convicted for crimes committed in connection with the Iran-Contra affair. Lawrence Walsh, the independent counsel handling the matter, had been gradually closing the circle on the affair, and increasingly the evidence was suggesting that Bush 41 himself had been at the center of it. He had, Walsh learned, withheld his personal diaries from investigators and made statements which were at least seriously misleading. By issuing the Iran-Contra pardons, Bush threw up a roadblock…on a road that headed straight to himself.

True to form, the Democrats hardly raised a serious objection to the pardons. They were focused on the incoming administration and eager to avoid anything that would distract from the coup with which Clinton hoped to launch his presidency: a major healthcare initiative.

Sixteen years later, history appears poised to repeat itself. A new Democratic administration is preparing to descend on Washington, and healthcare reform is already being signaled as its first major campaign. President Bush, who has up to this point been remarkably stingy in using his pardon powers (other than for adviser Scooter Libby, who outed a CIA agent and lied to a grand jury about it) is widely thought to be preparing to take some extraordinary actions. Of prime concern are the Administration footsoldiers and policy-makers who participated in two extralegal gambits: his signature interrogation program that introduced a host of torture techniques which were up to that point the preserve of brutal Latin American dictators and formerly Communist adversaries; and a vast spying program that included snooping on the communications of tens of millions of Americans. Both programs had the misfortune of being contrary to federal statutes and punishable as felonies. The Bush Justice Department itself participated in these criminal schemes, and therefore should be counted upon not to prosecuted them. But with time wearing short and the prospect of a new administration descending upon Washington, Bush may shortly act to issue a pre-emptive class-based pardon to insure that his helpers not be prosecuted. And if the pardon is class-based, one prominent beneficiary will be George W. Bush himself. So 2008 promises to be a near perfect replay of pardons farce of 1992.

New York Congressman Jerrold Nadler, who chairs the House Judiciary Committee’s subcommittee on the Constitution, Civil Rights and Civil Liberties, has different ideas. On Friday, Nadler introduced House Resolution 1531, anticipating and condemning such a pardon. Here are the findings:

(1) it is the sense of the House of Representatives that the granting of preemptive pardons by the President to senior officials of his administration for acts they may have taken in the course of their official duties is a dangerous abuse of the pardon power;

(2) it is the sense of the House of Representatives that the President should not grant preemptive pardons to senior officials in his administration for acts they may have taken in the course of their official duties;

(3) it is the sense of the House of Representatives that James Madison was correct in his observation that ‘‘[i]f the President be connected, in any suspicious manner, with any person, and there be grounds [to] believe he will shelter him, the House of Representatives can impeach him; they can remove him if found guilty’’;

(4) it is the sense of the House of Representatives that a special investigative commission, or a Select Committee be tasked with investigating possible illegal activities by senior officials of the administration of President George W. Bush, including, if necessary, any abuse of the President’s pardon power; and

(5) the next Attorney General of the United States appoint an independent counsel to investigate, and, where appropriate, prosecute illegal acts by senior officials of the administration of President George W. Bush.

Read the whole resolution here. Democrats.com has a form that makes it simple to contact your representatives to register your support for the Nadler resolution. And Representative Nadler and others (including myself) will be speaking on this issue on the evening of December 4 at NYU Law School, at a free forum co-sponsored by Harper’s magazine. The event is open to the public.

Share
Single Page

More from Scott Horton:

Conversation August 5, 2016, 12:08 pm

Lincoln’s Party

Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln

Conversation March 30, 2016, 3:44 pm

Burn Pits

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.

Context, No Comment August 28, 2015, 12:16 pm

Beltway Secrecy

In five easy lessons

Get access to 167 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

December 2017

Document of Barbarism

= Subscribers only.
Sign in here.
Subscribe here.

Destroyer of Worlds

= Subscribers only.
Sign in here.
Subscribe here.

Crossing Guards

= Subscribers only.
Sign in here.
Subscribe here.

“I am Here Only for Working”

= Subscribers only.
Sign in here.
Subscribe here.

Dear Rose

= Subscribers only.
Sign in here.
Subscribe here.

The Year of The Frog

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
Destroyer of Worlds·

= Subscribers only.
Sign in here.
Subscribe here.

In February 1947, Harper’s Magazine published Henry L. Stimson’s “The Decision to Use the Atomic Bomb.” As secretary of war, Stimson had served as the chief military adviser to President Truman, and recommended the attacks on Hiroshima and Nagasaki. The terms of his unrepentant apologia, an excerpt of which appears on page 35, are now familiar to us: the risk of a dud made a demonstration too risky; the human cost of a land invasion would be too high; nothing short of the bomb’s awesome lethality would compel Japan to surrender. The bomb was the only option. Seventy years later, we find his reasoning unconvincing. Entirely aside from the destruction of the blasts themselves, the decision thrust the world irrevocably into a high-stakes arms race — in which, as Stimson took care to warn, the technology would proliferate, evolve, and quite possibly lead to the end of modern civilization. The first half of that forecast has long since come to pass, and the second feels as plausible as ever. Increasingly, the atmosphere seems to reflect the anxious days of the Cold War, albeit with more juvenile insults and more colorful threats. Terms once consigned to the history books — “madman theory,” “brinkmanship” — have returned to the news cycle with frightening regularity. In the pages that follow, seven writers and experts survey the current nuclear landscape. Our hope is to call attention to the bomb’s ever-present menace and point our way toward a world in which it finally ceases to exist.

Illustration by Darrel Rees. Source photographs: Kim Jong-un © ITAR-TASS Photo Agency/Alamy Stock Photo; Donald Trump © Yuri Gripas/Reuters/Newscom
Article
Crossing Guards·

= Subscribers only.
Sign in here.
Subscribe here.

The Ambassador Bridge arcs over the Detroit River, connecting Detroit to Windsor, Ontario, the southernmost city in Canada. Driving in from the Canadian side, where I grew up, is like viewing a panorama of the Motor City’s rise and fall, visible on either side of the bridge’s turquoise steel stanchions. On the right are the tubular glass towers of the Renaissance Center, headquarters of General Motors, and Michigan Central Station, the rail terminal that closed in 1988. On the left is a rusted industrial corridor — fuel tanks, docks, abandoned warehouses. I have taken this route all my life, but one morning this spring, I crossed for the first time in a truck.

Illustration by Richard Mia
Article
“I am Here Only for Working”·

= Subscribers only.
Sign in here.
Subscribe here.

But the exercise of labor is the worker’s own life-activity, the manifestation of his own life. . . . He works in order to live. He does not even reckon labor as part of his life, it is rather a sacrifice of his life.

— Karl Marx

Photograph from the United Arab Emirates by the author. This page: Ruwais Mall
Article
The Year of The Frog·

= Subscribers only.
Sign in here.
Subscribe here.

To look at him, Sweet Macho was a beautiful horse, lean and strong with muscles that twitched beneath his shining black coat. A former racehorse, he carried himself with ceremony, prancing the field behind our house as though it were the winner’s circle. When he approached us that day at the edge of the yard, his eyes shone with what might’ve looked like intelligence but was actually a form of insanity. Not that there was any telling our mother’s boyfriend this — he fancied himself a cowboy.

“Horse 1,” by Nine Francois. Courtesy the artist and AgavePrint, Austin, Texas
Article
Dead Ball Situation·

= Subscribers only.
Sign in here.
Subscribe here.

What We Think About When We Think About Soccer, by Simon Critchley. Penguin Books. 224 pages. $20.

Begin, as Wallace Stevens didn’t quite say, with the idea of it. I so like the idea of Simon Critchley, whose books offer philosophical takes on a variety of subjects: Stevens, David Bowie, suicide, humor, and now football — or soccer, as the US edition has it. (As a matter of principle I shall refer to this sport throughout as football.) “All of us are mysteriously affected by our names,” decides one of Milan Kundera’s characters in Immortality, and I like Critchley because his name would seem to have put him at a vocational disadvantage compared with Martin Heidegger, Søren Kierkegaard, or even, in the Anglophone world, A. J. Ayer or Richard Rorty. (How different philosophy might look today if someone called Nobby Stiles had been appointed as the Wykeham Professor of Logic.)

Tostão, No. 9, and Pelé, No. 10, celebrate Carlos Alberto’s final goal for Brazil in the World Cup final against Italy on June 21, 1970, Mexico City © Heidtmann/picture-alliance/dpa/AP Images

Minimum square footage of San Francisco apartments allowed under new regulations:

220

A Disney behavioral ecologist announced that elephants’ long-range low-frequency vocal rumblings draw elephant friends together and drive elephant enemies apart.

The judge continued to disallow the public release of Brailsford’s body-cam footage, and the jury spent less than six hours in deliberation before returning a verdict of not guilty. The police then released the video, showing Brailsford pointing his AR-15 assault rifle at Shaver while a sergeant asked him if he understood that there was “a very severe possibility” he would “get shot.”

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Report — From the June 2013 issue

How to Make Your Own AR-15

= Subscribers only.
Sign in here.
Subscribe here.

By

"Gun owners have long been the hypochondriacs of American politics. Over the past twenty years, the gun-rights movement has won just about every battle it has fought; states have passed at least a hundred laws loosening gun restrictions since President Obama took office. Yet the National Rifle Association has continued to insist that government confiscation of privately owned firearms is nigh. The NRA’s alarmism helped maintain an active membership, but the strategy was risky: sooner or later, gun guys might have realized that they’d been had. Then came the shootings at a movie theater in Aurora, Colorado, and at Sandy Hook Elementary School in Newtown, Connecticut, followed swiftly by the nightmare the NRA had been promising for decades: a dedicated push at every level of government for new gun laws. The gun-rights movement was now that most insufferable of species: a hypochondriac taken suddenly, seriously ill."

Subscribe Today