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Tuesday, December 30, 2008
Debra J. Saunders :: Townhall.com Columnist
Unpardonable
by Debra J. Saunders
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If President Bush had been looking for a textbook case of a federal offender who should never win a presidential pardon, Isaac R. Toussie would fit the bill. Toussie is the sort of amoral swell who contributed to the 2008 mortgage meltdown. In 2001, he pleaded guilty to making false statements to the Department of Housing and Urban Development. In 2002 he pleaded guilty to mail fraud in a scam to get Suffolk County, N.Y., to overpay for land.

The New York Times noted, "The name of Isaac Toussie is detested by many working-class people in the New York metropolitan area. In 2001, several hundred of them sued in Federal District Court, accusing Mr. Toussie and his father of masterminding a scheme in which inexperienced or first-time buyers were promised affordable and comfortable suburban houses but instead were sold shoddily built homes in poor neighborhoods and saddled by mortgage payments that shot up surprisingly." According to Newsday, a pardon would clear the way for Toussie -- who already served his five-month prison sentence -- to win back his real estate license.

And the fact that Toussie's father recently and uncharacteristically donated $28,500 to the Republican National Committee would taint any presidential pardon with a pay-to-play stench.

Yet on Dec. 23, as Bush was working on exiting the White House on a high note, came the pardon that never should have happened. It was then followed by a Dec. 24 announcement by Press Secretary Dana Perino that Bush was rescinding Toussie's pardon "based on information that has subsequently come to light."

Credit Bush for taking back a bad executive decision, although some experts assert that cannot be done. If Bush had done nothing, the Toussie story likely would have been buried among stories on retail sales slumps, violence in Gaza and the latest proofs of President-elect Barack Obama's impressive physique.

Perino's statement explained that Bush granted the pardon based on the advice of the White House counsel, Fred Fielding. She also told reporters Fielding was unaware of any GOP contributions. Talk about shoddy staff work.

And you have to wonder if Fielding would have done the necessary homework if Toussie's lawyer had not been Bradford A. Berenson, a former Bush associate White House counsel.

My fear is that the negative fallout from the Toussie story will prompt Bush to issue fewer pardons and commutations. Bush has been too stingy with this power, even as the foolish inflexibility of federal mandatory minimum sentences has created many worthy recipients. Among them: Clarence Aaron, who is serving a life-without-parole sentence for a first-time nonviolent drug offense. Add Ignacio Ramos and Jose Compean, two Border Patrol agents sentenced to 11 years and 12 years respectively for shooting and wounding a fleeing drug smuggler in 2005 and covering up the incident.

What's the difference between Aaron, Ramos and Compean and the individuals who rated a Bush pardon or commutation? My guys aren't well connected, but they also were not career criminals. Aaron was a college student who made a serious criminal decision -- and deserved to serve some prison time. Ramos and Compean covered up the questionable shooting of a fleeing drug smuggler. Yes, juries found all three men guilty, but juries had no input into their draconian sentences.

Only the president of the United States has the power to right the wrongness of their sentences. Only Bush can bring justice -- for in these cases, a commutation would not bring mercy but justice -- to men who have known mindless punishment without leavening proportion.

The outrage is not simply that a well-connected white white-collar criminal won a pardon. It also would be an outrage if Bush failed to do right by Aaron, an unconnected African-American man serving life for a first-time nonviolent offense, and two Latino Border Patrol agents who, if they did break the law, did so in the heat of the chase, not the cool of a boardroom.

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"It's The Prison Guard Unions, Stupid"
To paraphrase that famous quote about the economy in the 90s, "It's the Prison Guard Unions, Stupid." The real corruption of the state and federal prison systems lie within the most corrupt union of all, which is the one representing prison guards. Go to California, and you can't believe how corrupt the system is. When people like my mother, who was a heart patient at the time and in very poor health, are given ten-month sentences in maximum-security upstate prisons like Chowchilla for possesing $7 worth of crack cocaine, isn't that an indication of how corrupt the system is? And each time we try to pass a proposition to reform the prison system, guess which special interest group bankrolls the opposition: The prison guard unions, because they just love the power, and it is sickening.

Nothing is ever going to change unless we as a people recognize that this insidious special interest group has become too powerful. Otherwise, people like my mother will end up suffering even further than they would have if they just recieved treatment.

The7Sticks From CA

I am not sure of what you are objecting to. A corrupt Criminal Justice System? Yes most everyone object to that.

As to the sentence of 10 months for possession of $7.00 of crack? I don't have a problem with that. I do have a problem with wasting "Maximun Security" bed space on a "non-violent offender. That is just wasteful

Illegal drug offenders should be incarcerated in my view. They do a lot of damage to society but many are not violent. The cheapest most cost effective way to deal with them is incarceration but not in maximum security.

No
"The cheapest most cost effective way to deal with them is incarceration but not in maximum security."

The cheapest and most effective way is to end the stupid war on drugs which outside the war on terror has been one of the greatest boons to government tyranny in the history of the US--allowing (forcing in fact) banks to spy on its customers for the Imperial Federal Government, allowing the government to steal from its citizens..."we think this money you have is drug money" "No, I sold a car for cash." "Well, you can sue us to get it back, for now we'll just keep it."

Most would call this stealing, the government calls it the war on drugs.

And what Ramos and Compean did wasn't in the heat of the chase but after they screwed up and decided to cover up and lie about it and that really is no different from any other coverup--boardroom or otherwise. As Martha Stewart found out, the moral to the story is don't lie, don't coverup, don't obstruct justice. I do think they were overcharged--the use of a firearm during the comission of a crime wasn't meant to cover law enforcement who screwed up. But that is what happens with you don't plea--you pays your money and take your chances. The pre-sentence recommendation was 20 years--lucky they only got 11 and 12.


Ranger29
Your post will be gone in hours but you said this: "The Pardon power is the simplest
in The Constitution...Bush cannot do anything correct."

At least Bush recognized his mistake, unlike Clinton who still defends his pardons of Puerto Rican terrorists and Marc Rich, et al.

TH:

Care to fix your problematic site that makes it annoying at best and unusable at worst. This is my 3rd attempt to post this message.


Ranger29
"there was nothing
wrong with the pardon of the PR "terrorist"...it aided things in PR, Marc Rich, who cares...and the Bush thing....well my statement stands."



Great. Pardon Johnny Walker too to help mend fences with the Islamic fruitcake faction. I think many people care about buying pardons. This pardon is no different than the Marc Rich, except unlike Clinton Bush saw it as a mistake and tried to fix it.

Your statement will stand for another 7 hours or so.

Just Wait....
The bungling Bush will bring the curtain down by failing to pardon Ramos and Compeon. Then Obama will pardon them and get resounding praise, even from Hispanics.

How sad that Bush has contributed so effectively to his own downfall. The road to Hell really is paved by naive good intentions.

7Sticks....
Good Grief...Your MOTHER,a heart patient in poor health, doing crack, a stimulant that causes severe heart palpatations..WOW that makes no sense..amazing... how is she still alive? Oh, she's in jail getting free medical care.....

Agreed though, the special interest groups have to go!

Technologically speaking...
...this site SU--S!

Ray Bolger of Wizard of Oz?
No, Jorge Bush -- if I only had a brain.

Charlie
I believe you've got it!!! Bush again drops the ball, and Obama pardons Ramos/Compean. Exactly the sort of high visibility ploy he uses to attract hopeful apologists and the self-deluded. Meanwhile, his core supporters justify it as a shrewd political move to maintain high approval ratings, but which doesn't affect their agenda of collectivist entitlements. Exactly like his selection of Gates to continue as Sec/def. One has to give the guy credit for political savvy. And as you note, the inept Bush gets credit for good intentions and the road to h**l.

peso george is no law and order guy
Just another stain on peso george. I bet by the time he leaves office his approval rating will be like that of the congress critters.
IN THE TOILET!
If they were ever to poll me it would go down by 50%. That is just how low he has sunk between all this bailout crap, the border issue, but especially the whole shameful way this Ramos and Compean thing has been handled.
Johnny “Scumbag” Sutton should be jailed and both of them released.

TH you ever gonna fix this junk?
The page you requested cannot be found. The page you requested cannot be found.

Palin/Jindal in 2012!

http://www.immigrationshumancost.org/text/crimevictims.htm l
Peso George, Pardon Ramos and Compean before you leave office!!!


Jeffersonian Constitutionalist Sayz:
Illegal drug offenders should be incarcerated in my view.

How uncaring of you. Some here in the US thinks we should go down into Mexico hunt them down and bring them back to testify against our law enforcement and then allowed to sue the US for millions for having been shot in the buttocks.
Even if they are later convicted of drug running and receive a long sentence.
Just go ask Johnny "Scumbag" Sutton. He is an expert in this field.

LMFAO hic! (not used with seatbuffers or permission, because I will NEVER ask for it!)

TH you ever gonna fix this junk?
The page you requested cannot be found. The page you requested cannot be found.

Palin/Jindal in 2012!

http://www.immigrationshumancost.org/text/crimevictims.htm l
Peso George, Pardon Ramos and Compean before you leave office!!!

Only seems Fair!
The page you requested cannot be found.
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Doc.BitterOwnerClinger

Yes many Liberals believe enforcing the law is uncaring.

What they have not seen is the damage drug abuse does to society. They have not seen the drug addicted parent neglecting a child. The drug addicted machine operator who has injured co-workers, the drug addicted bus or train driver who injured passengers.

Again maximum security prisons are wasteful and not required, but incarceraton is the cheapest most effective way to reduce the impact on society.

Now some, less informed Liberals, will claim Drug Rehab is cheaper. This viewpoint is the result of ignorance.

Typical "in house" Drug Rehab programs costs $35,000 to $50,000 for 30 days of treatment. Thats just the first 30 days alone. Treatment may go on for over a year for in or out-patient treatment.

Incarceration costs much less and typically can cost under $50,000 for a full year as long as you don't use "maximum security" facilities. They can also receive treatment while incarcerated at a much reduced cost.

Maximun Security Prisons should be used for violent offenders. "Smart Prisons" should be used for non-violent offenders.

Unpardonable
Typical corrupt political M.O. and one has to wonder why justice is so skewed, once again, to moneyed interests...isn't justice supposed to be blind? Rhetorical question, of course; I was not born yesterday; I know what a mega-sham the judicial system is with my experience with divorce. Citizens should demand to have a fail-safe, timely, and not over-complex mechanism for addressing systemic constitutional abuses by politicians and the justice department. Right now, they systematically can and do violate rights with impunity and citizens' recourse for redressing wrongs is purposefully near impossible and skewed, again, to the moneyed. I'm NOT talking about giving individual, real bad guys a way out of the rare instance of real justice but the systemic breakdown of the judicial system that is far, FAR more prevalent than anyone suspects.

Jeffersonian Constitutionalist
What about the drunk parent neglecting a child, the drunk machine operator who has injured co-workers, the drunk bus or train driver who injured passengers? Alcohol is a drug too. Do you support the reinstatement of prohibition?

Doug

Answer - No.

Criminalizing personal vices
I haven't found and read the original post from Jefferson Constitutionalist, but can guess what it says. Doug is absolutely right, though; criminalizing personal vices which directly affect no one but the persons involved is not only stupid and counter-productive, but immoral and un-American. Punish behavior which injures or immediately and substantially threatens others, just as we do with DUI and spouse and child abuse, even child neglect and non-support, influenced by alcohol abuse, but stop using the criminal justice system as a governmental parenting tool. The same goes for other victimless sins, such as prostitution and gambling. And, in case anyone is wondering, I have never partaken of any of these guilty pleasures, except alcohol, and then not to the point of excess.

As for Ms. Saunders's point, I, too, think the border patrol agents' sentences are excessive, but, to be completely accurate, their clearly established attempt to deceive their superiors about what actually happened was not undertaken in "the heat of the chase."

PVZ

There is an understandable Flaw in your logic.

We already don't prosecute the drug abuser who is sitting in his house, minding his own business and is not hurting anyone. Police don't know what you are doing behind closed doors unless you do something that calls your activity to their attention. People are free to abuse all the drugs in the world in the privacy of their own homes. No one will bother them.

The people you see prosecuted are the people that screwed up and got caught in public doing something they should not have been doing.

Drug Laws
I tend to lean fairly libertarian and have a lot of sympathy for the argument that drug abuse only hurts the abuser, so it should be left to the abusers and their families to deal with it. However, this overlooks a major issue. A lot of hard core drug use (not just pot, but really addictive and deblitating drugs like crack and meth) occurs among the very low income segment of society. These people are already getting tax dollars for food, housing, heating, health care, etc. Why should my taxes go to support their drug habits as well?

I know that the libertarian response is "Fine. Let's end both welfare and the drug laws."

In theory, you might be able to make an argument. In reality, the entitlement programs are NEVER going to go away. It's a heroic task just to reign them in from time to time. So let's face it. We're stuck with the entitlements. As long as that's the case, I'd rather not be paying to support somebody's drug habits and encouraging them to not work.

As for punishments, I do think they are often draconian. I would prefer a system where drug users are kept in minimum security work jails, where they can both get clean and learn a trade. They should also be required to work whether they want to or not, or only give them bread and water for meals.

Jeffersonian Constitutionalist
So you understand the futility and all the horrible unintended consequences of alcohol prohibition. The war on drugs is equally futile and has all the same nasty side effects of alcohol prohibition. Why support one and not the other?

Jeffersonian Constitutionalist
You're wrong about the drug abuser sitting in his house, minding his own business, not being prosecuted. I know of one case where police came to the house with a warrant and searched for and found drugs. Coincidentally, the occupants of the house (2 married lawyers) had been vocal in opposition to members of local government.

I'm afraid I see the same problems with enforcing anti-drugs laws that happened during Prohibition. Crooks became wealthy and strong in an artificially-lucrative endeavor, there was much corruption of law enforcement, there were many bloody murders, and people still used alcohol. Add the huge amount of money spent on the War on Drugs. Not a winning or winnable war.

Mathew from Oh

What you advocate is a common sense approach.

That is not going to happen as long as people equate drug abuse with alcohol abuse. Long term effects may be similar but they are two different problems requiring two different approaches.

You hit on something that is the root cause of why we have not won or controlled the war on drugs. Its because we the taxpayers are funding the abuse of drugs.

Welfare and food stamps monies are being used by poor people to buy more drugs. We give poor people a check once a month and never monitor how they spend the money.

Supplemental Security Income (AKA SSI) is be distributed to drug users who have messed up their brains to the degree that they are no longer employable. In ablity to memorize, to concenstrate are all results of long term drug abuse. These people take the SSI money and go out and buy more drugs.

So as long as "we the taxpayer" are subsidizing drug abuse, we should expect the war on drugs not to work.

Polly
Polly,


In the United States there are over 2 million people in Prison. Over 50% have some drug related issue attached to their crime.

Now do you honestly believe any substainial number of these 1 million people happen to be husband and wife attorneys who happen to be vocal advocates in their community where corrupt police just happen to be able to get a search warrant based on probable cause issued and signed by a Judge?

Get real

Matthew
"I tend to lean fairly libertarian and have a lot of sympathy for the argument that drug abuse only hurts the abuser, so it should be left to the abusers and their families to deal with it. However, this overlooks a major issue. A lot of hard core drug use (not just pot, but really addictive and deblitating drugs like crack and meth) occurs among the very low income segment of society. These people are already getting tax dollars for food, housing, heating, health care, etc. Why should my taxes go to support their drug habits as well?"

That is a myth. Plenty of wealthy people are on drugs. The difference is they don't have to commit crimes to get the drugs and can pay to mitigate consequences to those around them. Much easier to cover it up when you have cash.


"As for punishments, I do think they are often draconian. I would prefer a system where drug users are kept in minimum security work jails, where they can both get clean and learn a trade. They should also be required to work whether they want to or not, or only give them bread and water for meals."


You contradict yourself here. Bread and water would also be considered draconian. Show me someone who thinks drug laws should be removed and I will show you someone who has never dealt in depth with a druggie.

Punishment


Bread and water today would indeed be draconian, little more than death by starvation. Most of the nutrients have been removed.

OTOH, old style bread, the sort that can supply most of the nutrients needed, would be considered "cruel and unusual", even if it is better nutrition, because it's not what anyone is used to.

Lolo, it depends on the drugs. If we do not allow pleas of diminished responsibility due to drugs, and alcohol, the behavior that is a problem that can be punished. No "He's such a good boy, it's all the drugs' fault. He should not be allowed to take the drugs he voluntarily took.".

And, as far as I'm concerned "More guns means more gun deaths and less crime", so the situation should self correct with little legal intervention.

Jeff Const: Polly has a point, though. The lawyers were behind closed doors and not causing trouble to anyone but the politicians in power. Selective enforcement of the law in order to target political opponents is acceptible? (That's assuming the drugs were not planted.) In this case, the drug laws were just a tool, not the basic problem, but still...

Oh, and there's a lot of crooked and politically active judges. A town cannot have a corrupt power structure without an off odor judge around to cover for the crooks in office.

Site programing: Yeah, I have a hard time posting, too. There's a lot of internet between me and the host server and this site is a real bandwidth hog that sets off the corporate filter I'm behind. Others are also having trouble, eh?

In addition, I suspect some of the authors are able to black list certain people as none of my responses to some authors show up at all, ever. These authors are the ones I've called for their mainstream AP writing, by some really strange coincidence.

It is not too late...

to free Ramos and Compean. I hope Bush will pardon them. Their prosecutor , Sutton, is the one that should be doing time.

The only crime these two committed was that they only wounded the drug dealing scum. They should have taken better aim.

LC
Every night when GW gets into his luxurious bed in his beautiful bedroom,he should remember the border patrol prisoners rotting in a prison away from family and friends.

Maybe every rule was not followed at the border,but they do not deserve this. Their jobs were dangerous and the drug-runner deserved worse than they gave him. They were treated much worse than the criminal.

Cowboys and pardons
Not unlike Lee Marvin playing a cowboy who drunkely fell off his horse, G W and the rest of the fleckless Republicans continue to shame conservatives with their amateur, thoughtless,and continued ineptness in Government.

Cowboys and pardons
Not unlike Lee Marvin,who drunkenly fell off his horse while playing a cowboy, G W and the rest of the fleckless Republicans continue to shame conservatives with their amateur,thoughtless actions and continued ineptness in Government.

Ms Saunders
Ms Saunders spent a few too many words on the pond scum I Toussie. The back story might be
" Bush takes medication that solves mystery of making poor decisions."
Ever since he signed the legislation that ensured that our military get funding for education and benefits, Pres Bush has made decisions more in line with a leader who has a vision. While sending Paulson hat in hand to Congress was not his finest hour, the circumstances that made that necessary caused such a shock to Bush that he had a blindside and that no one had his back.
I would be on medication too.

Pardon Abraham Bolden...
...the first black Secret Service agent assigned to the White House. On the day he was scheduled to testify to the Warren Commission, he was arrested on phony charges - to keep some of the Kennedy assassination details from being made public. He served six or seven years in prison, and has been trying to clear his name since.

Read the whole story at:

http://colony14.net/id69.html

Toussie’s Pardon is Irrevocable
Article 2, Section 2, U.S. Constitution.

“and he shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.”

Presidents only have the power to grant Unconditional Pardons. They do not have the power to revoke them. Once a pardon is signed and announced, it is irrevocable. No President can revoke any President’s Pardons, including his own.

Whether Toussie was PERSONALLY notified by a government official is immaterial.

The whole world was notified when the Justice Department posted his name on their official web site. In the age of the internet, posting on the official Department of Justice web site is sufficient notification. The Justice Department is trying to cover its tracks by taking down the original page, but the cached version is still available.

That a scumbag like Toussie never should have been issued the pardon is immaterial. It doesn’t matter how much his family donated. If Toussie sues Bush, he will win. And, he should win because Bush doesn’t have the right to violate the U.S. Constitution whenever he feels like it.

Even if Toussie went on a murderous rampage the following day, the Pardon for the previous offense would still be irrevocable.

The bottom line is that the scumbag’s Pardon still stands.

http://searchjustice.usdoj.gov/search?q=cache:qk39jW-8LC4J: www.usdoj.gov/opa/pr/2008/December/08-crm-1148.html+pardons +by+Bush+%2B+Toussie&access=p&output=xml_no_dtd&ie=UTF-8&cl ient=default_frontend&site=default_collection&proxystyleshe et=default_frontend&oe=ISO-8859-1


Presidents can revoke a pardon if...

Presidents can revoke a pardon if... they never delivered the pardon to warden who is holding the person in custody or the person to whom the pardon was granted.

To say he can't is like saying you can't void a check once you issue it.

The president is well within the Constitution to rip up the pardon before it is delivered and takes effect. No court has the authority to make him re-issue the pardon.

Irrevocable?
Hard to argue from silence, I think. He didn't revoke it. He un-granted it.

Jeffersonian Constitutionalist
“Presidents can revoke a pardon if... they never delivered the pardon to warden who is holding the person in custody or the person to whom the pardon was granted.”

This is a highly debatable premise from a case in 1869. Delivery is about notification. It is about making the pardoned aware of his pardon. There are many ways to notify, especially in this day and age.

“To say he can't is like saying you can't void a check once you issue it.’

Your comparison is incredibly silly. Writing a check is nothing like issuing a Presidential Pardon.

“The president is well within the Constitution to rip up the pardon before it is delivered and takes effect.

And you base this premise upon what? Please point out the applicable part of the Constitution because I must have missed it.

“No court has the authority to make him re-issue the pardon.”

I entirely agree. But as I have argued, this is not necessary as the Pardon still stands.

Innocent People Go To Jail
It's very sad when people are given stiff sentences who don't deserve stiff sentences or any sentence at all - remember the Duke case? The truth is that you have a better chance going to Vegas and putting all your assets on the table and throwing the dice because innocent people some times lose everything including their freedom and their lives without any chance of being set free. Justice is more accessible to the rich and famous and connected. Some people are even called Miss or Mrs or Mr and given cushy pillows and blankets, but the majority of people must buy pay for it and hopefully can buy some justice, which is becoming more difficult today with the economic downturn whether innocent or guilty. They may be set free just because there's no money to keep them locked up, anyway!

President Bush
Pardon Ramos and Compean.

Johnny Sutton should be in prison!

Paula from TX

I agree Bush should pardon the border patrol agents. But I don't think he will.

Bush tends to stand on principle and his "over zealous" Assistant Att. Gen. doesn't see anything wrong with these guys being prosecuted and spending time in jail. He is not going to recommend to Bush a Pardon.

The Border Patrol agents did report the incident to their immediate supervisor and with the Supervisors approval filed a false reports of the incident. This should have resulted in no more than an internal departmental disciplinary action not a criminal prosecution.

If the U.S. Attorney is so concerned about Law Enforcement failing to perform required duties, then I suggest he go after all the Sanctuary City Police Departments that are not arresting and detaining Illegals as required by Law. They are also violating the law.

JC - Totally agree re: Sanctuary Cities
NO federal funds if that is their policy! No ifs, ands or buts about it...NO $$$ for cities who flaunt the rule of law in America!

I voted for George W. Bush twice - considering what America would have been like under either Gore or Kerry was more than enough incentive to do so. However, like many of his supporters, I have since been disappointed many times in his lack of good judgement. It seems that his 'hard headedness' and failure to admit that there just might be a better way have hurt us more than helped America.

If he leaves office without pardoning these two border agents, he will definitely lose some of my respect. I beg him to please admit that this was a wrong ruling and to free these men - NOW!

Pardon Abraham Bolden
Abraham Bolden was the fist black Secret Service agent assigned to the White House. The day before he was scheduled to testify to the Warren Commission (the JFK assassination cover-up commmission, for you youngsters), Bolden was arrested and sentenced to prison on trumped-up charges. The only two "witnesses" were mafia thugs.

Bolden eventually was released from prison, but deserves a pardon.

http://www.colony14.net

presidential pardons
As an independent, i am appalled that the pres. has not pardoned the two border guards.

they are being screwed over by gwb for an unknown reason....?

its to bad his iq and his pres. rating are both so poor that one might feel as sorry for this idiot, as we do for ramos and compean/,
no that could never be even close to possible.

it is to bad, how sad....for this big joke of a pres.
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