Scamming Developer Could Get Bush Pardon Back

WSJ:

President Bush giveth, and then he taketh away. And now the question is: Can Isaac Toussie get it back?

The answer: At the very least, Toussie, the Brooklyn real estate developer whose pardon was revoked on Wednesday, just 24 hours after Bush issued it, has a good case.

Read the whole story: WSJ

Comments

[Bitsko]

"Scamming Developer" is a redundancy.

[independent32955]

the only way bush could make this right...imo...is to promise America that he will not invoke the pardon authority for anyone else as it is clear he simply doesn't understand what he's signing.

[WinstonSmith1984]

Strange how the right wing radio and Fox News is avoiding Bush's pardons while desperately trying to create something out of the Blagojevich fiasco. The Obama team wasn't interested in pay-for-play, but quite possibly, good ol' W got hip deep into pay-for-pardon

http://www.nydailynews.com/news/politics/2008/12/27/2008-12-27_photo_surfaces_of_president_bush_with_fa.html

So, we know what Blagojevich wanted for a Senate appointment, is the going price for a pardon a paltry $28,500 donation to the RNC?

Maybe if Mr. Toussie dumps a few thousand more dollars in RNC coffers, or maybe to the W Library, he can get that pardon through after all.

Hannity and the rest of the RNC sycophants want to suggest Obama was lying when he said that HE had no contacts with Blagojevich; but they are silent when the Bush White House said they "became aware" of Toussie's donations to the RNC only after the pardon was issued. Clearly, the photo above proves this to be a LIE

From USA Today, April 25, 2008:

"About 400 people attended the $1,000-a-person fundraiser, where for $10,000 attendees got their picture taken with the president."

http://www.usatoday.com/news/washington/2008-04-25-2439710439_x.htm

So Bush KNEW Toussie was at a minimum, a $10,000 donor to the RNC way back in April. He didn't "become aware" of the donation after the pardon was issued. Just another lie.

[jerryfromcalifornia]

Can he do anything right?

[1differentdrummer]

The man could ruin a train wreck.

[youknowwhat]

Since Bush has been president, it seems he hasn't used the Constitution as a guideline for his decisions. I doubt if he'll start now.

[2008CaliforniaFan]

Bushie has broken the Law many times over already. What is one more time..? And besides in the Courts he can tie up the case for years.... all the while the guy stays in prison.

Bush abiding by the Law....That statement is OUTRAGEOUS! .
"Give me a break" !!

[Rockwell]

No backsies!

[billrott]

It appears many leaving comments here do not understand the judicial process. Simply put, when granting a pardon, the president is interjecting himself into the legal process. A motion, in this case a pardon, before a judicial party, in this case the president, is either granted or denied. There is no second chance.

The fact that this president overlooked information and made an error in his decision does not change the fact a decision has been made. As such, the decision should stand.

Think what happens if the president can revoke pardons, which he/she can not. Anyone granted a pardon would be required to be a lacky/servant to the president in fear of losing the pardon. It would create a circumstance of undue influence by the president over someone.

In the case of a conditional pardon, where the influence factors are known, this situation is an unconditional pardon. So yes, once again GW Bush has screwed up the presidency.

[BCubedReg]

More importantly, when you read the entire article, if Bush were to (attempt to) revoke the pardon it is essentially recriminalizing the individual, and now for a crime that has not been committed. The crime is not merely absolved through a pardon, it is as if the crime were not committed. That is why full restoration of individual rights is obtained with a pardon whereas completion of a criminal (penal) sentence does not restore a person's full civil liberties.

[tydicea]

At the very least, Toussie, the Brooklyn real estate developer whose pardon was revoked has a good case.

That is absurd! If it is the president's discretion to issue a pardon then it is also up to his discretion to revoke it.

[Deesel]

Did you read the article? There are two different types of presidential pardons, one of which is irrevokable. The question is which kind was given.

[RTIII]

Actually, no.

The constitution grants the ability to grant pardons to the president. The constitution is mute when it comes to the ability to revoke pardons - the ones that a current president issued or any others, such as, but not limited to, a preceding president. The precident is long set that if the constitution does not grant a power, it is not granted. Therefore, no president has the power to revoke a valid pardon. (Conditional pardons leave it to the conditions as to whether or no the pardon takes effect - probably what you meant by "irrevokable." (sic))

The ONLY question is whether there's a time frame underwhich a president can articulate a pardon and revoke it before it takes effect. For example, in the horse-and-buggy days, a president could catch the person transmitting the message and thereby revoke the action - not by revoking the action officially, but by preventing the official action of transmission - a necessarily difficult act in the day and age when our constitution was written. In that era, all manner of things were caught up in the "ministerial act" of the official transmission of official business. Today, with modern electronic communication, it's a blink of an eye for all to know, so this function largely fades away - or does it? Precedent was established! Or, was it? THAT is the question.
.

[billrott]

You obviously never read the constitution or any case law on this subject.

[Rightone11]

The POTUS has the power to revoke a pardon that he issued. Stop the madness~

[clearthinker2008]

Really? What if it's 5 years later?

[Tom95134]

Since the power to pardon is vested in the Office of the President of the Unites States then by our thinking as soon as Obama takes office all previous pardons issued by any President could be revoked. Including the pardon given by President Ford to Richard Nixon.

I think you'll find that unless there are conditions attached, a Presidential pardon cannot be revoked once it is executed and a matter of public record (even if not delivered). I only find a Presidential power to pardon in The Constitution. not the power to revoke a pardon issued without conditions.

[BCubedReg]

Read the article, no he does not.

[RTIII]

People, we (most of us?) _want_ there to be a need for delivery as that's the key to whether or not it can be revoked. If that is found true, then we (we?) might be able to do something regarding the expected flood of pardons granted in the last few hours of W's administration.

Junior _might_ have created the very conditions that will see his next pardons undone...

For a good discussion of this, see:

http://pardonpower.com/2008/12/on-revocation-of-pardons.html

Also, there's one comment here worth looking at from the comments of the cited article. To save you the trouble of digging it out of the pile, it should fit here:

I wonder, without re-reading, if Marbury v. Madison might come into play here. There, Adams appointed midnight judges and magistrates, but Secretary of State Marshall neglected to either issue some commissions, or at least to have some delivered, leaving Marbury a not-yet magistrate who sued to receive the commission. Marshall held he was entitled to it, as once the president appointed him, it was a mere ministerial act to deliver it to him, but then of course ruled that the Supreme Court was without jurisdiction to issue the writ of mandamus, the Judiciary Act of 1789 granting such original jurisdiction being unconstitutional under Article III. Or maybe I just paid too much attention in class that particular day….
Comment by Let Freedom Ring - December 27, 2008 at 1:53 am
.

[imusintheevening]

Hey Decider you can't also be the Undecider, what's it gonna be?

[rabiddog6708]

Can't the "Decider" make a decision and stick to it?

[donttasemebro]

What happened? Did Bush fail to receive a contribution to his "library"? Is that why the pardon was revoked?