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NY Sun Editorial: "Bush's Clemency"
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AMOS
Senior Chief Petty Officer


Joined: 30 Jul 2004
Posts: 558
Location: IOWA

PostPosted: Wed Jul 04, 2007 3:37 pm    Post subject: Reply with quote

Scooter gets "popped" and Sandy Bergler gets.........................?

Hopefully, that's why the W.H. lawyers were fired.
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Me#1You#10
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Joined: 06 May 2004
Posts: 6503

PostPosted: Wed Jul 04, 2007 4:08 pm    Post subject: Reply with quote

LewWaters wrote:

You piqued my curiosity on this and I found the following,

http://jurist.law.pitt.edu/pardons1.htm...Interesting reading, though.


Indeed!...and it appears that Story was quoting Hamilton in Federalist 74, though I'm still trying to sort out the footnotes...

Quote:
He is also to be authorised "to grant reprieves and pardons for offences against the United States except in cases of impeachment." Humanity and good policy conspire to dictate, that the benign prerogative of pardoning should be as little as possible fettered or embarrassed. The criminal code of every country partakes so much of necessary severity, that without an easy access to exceptions in favor of unfortunate guilt, justice would wear a countenance too sanguinary and cruel.

Alexander Hamilton, Federalist, no. 74, 500--503, 25 Mar. 1788

http://press-pubs.uchicago.edu/founders/documents/a2_2_1s20.html


Quote:
The power to pardon, then, being a fit one to be entrusted to all governments, humanity and sound policy dictate, that this benign prerogative should be, as little as possible, fettered, or embarrassed. The criminal code of every country partakes so much of necessary severity, that, without an easy access to exceptions in favour of unfortunate guilt, justice would assume an aspect too sanguinary and cruel.

Joseph Story, Commentaries on the Constitution, CH. XXXVII. EXECUTIVE--POWERS. 343, 1833

http://www.constitution.org/js/js_337.htm
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Deuce
Senior Chief Petty Officer


Joined: 19 Mar 2005
Posts: 589
Location: FL

PostPosted: Thu Jul 05, 2007 2:48 pm    Post subject: Reply with quote

Me#1,
Thanks for the thread, and the link to the Pardon Attorney. It's a royal shame that the Pardon Attorney's list doesn't date back to Carter, so we could see Kerry's name on it!

oh, and a minor fix on the upcoming hearings:
Quote:
"The Use (Bush) and Misuse (Clinton) of Presidential Clemency Power for Executive Branch Officials."


There, that's better, thanks again.

Deuce
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