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David Latt

David Latt

Posted: November 19, 2008 01:21 PM

Will Dick Cheney Pardon Himself?


The countdown clock is racing toward January 20th. Nothing can stop the inevitable. George W. Bush will give up power. Barack Obama will become the 44th President of the United States. The Republican administration will pass the reins of power to the in-coming Democratic administration. But there will be unfinished business that will carry over into the coming years.

On Monday, Dick Cheney and Alberto Gonzales were indicted in Texas. According to the Los Angeles Times, the vice president is "charged with engaging in an organized criminal activity related to his investment in the Vanguard Group, which holds financial interests in the private prison companies running the federal detention centers." The indictment of the former Attorney General "accuses Gonzales of using his position while in office to stop an investigation in 2006 into abuses at one of the privately run prisons."

The use of political power for personal gain seems consistent with Cheney's support of Halliburton. Gonzales' obstruction of legal investigations also seems consistent with his behavior when he served as the White House Counsel to the president and as attorney general.

Ted Stevens, recently convicted on seven felony conspiracy charges, has said that he would not ask President Bush to pardon him before he left office. Now that Stevens has lost his reelection bid for his Senate seat, he awaits the sentencing phase of his trial. Will he change his mind and, before Barack Obama becomes president, will he ask George W. Bush for a pardon?

President Ford said that President Nixon didn't ask him for a pardon but he thought it was the right thing to do to help the country heal. If President Bush pardons Senator Ted Stevens will he do so for noble sounding reasons, to "honor a great man's four decades' service to his country"?

In Stevens' case, there is a conviction, so a presidential pardon is legally possible. But if there is only an indictment, can a pardon preempt a conviction in the future? Taking a broader view, can a president pardon someone for future indictments for any and all crimes he or she committed while in office?

The Bush Administration and Dick Cheney in particular, have spent the last eight years expanding the Imperial Presidency, claiming powers to Executive Privilege that are still being challenged in court.

Putting aside the question of whether or not it is legal to pardon in advance of a conviction, would President Bush have the stomach to do it? A fire-storm of criticism blasted Presidents Ford and Clinton for their most high-profile pardons. President Bush didn't pardon Scooter Libby but he contrived to release him from prison nonetheless. Would he look to preemptively protect those who have served in his administration from prosecution and punishment before he has to hand over the reins of power?

The Texas indictment of Dick Cheney may prove to be the harbinger of many to follow. Given the way in which the Democratic Congress has pursued cases against Bush loyalists once the Republicans lost control of Congress, Dick Cheney has every reason to believe that he would be the subject of investigations from many quarters.

But if President Bush wavers, would the vice president look for a way to protect himself from zealous prosecutors? Does anyone believe that the vice president will go quietly into the night? Won't he look for a way to cloak himself from scrutiny and prosecution? How far will the vice president go to protect himself?

If a way can be found to justify it, will Dick Cheney pardon himself?

Follow David Latt on Twitter: www.twitter.com/davidjlatt

The countdown clock is racing toward January 20th. Nothing can stop the inevitable. George W. Bush will give up power. Barack Obama will become the 44th President of the United States. The Republi...
The countdown clock is racing toward January 20th. Nothing can stop the inevitable. George W. Bush will give up power. Barack Obama will become the 44th President of the United States. The Republi...
 
 
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01:12 PM on 11/20/2008
The vice pres cannot pardon - only the pres. So Cheney can't pardon himself, but W could.
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Geauterre
Writer, Author, Commentator and Humorist.
09:18 AM on 11/20/2008
In contemporary history, there can be no more villainous a group of conspirators, than has come out of the Republican controlled Congress and White House. Indicting these racketeers would be like opening up the drapes, and the windows and letting in sunlight and fresh air.
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peterg76
Freelance medical transcriptionist
08:52 AM on 11/20/2008
Cheney figures if he betrays his country for eight years without facing impeachment, there's not much chance anyone will hold him to account now.
08:07 AM on 11/20/2008
I don't believe Cheney will ever spend a day in jail and most of his future convictions if any will be argued in court for so long the Democrats will give up.

This sounds really silly and I'm not a religious freak however I do believe there is a God and justice will be served. If you don't call it fate then but in life what goes around comes around.
03:08 AM on 11/20/2008
Thing is, I think Cheney would welcome being investigated by the next administration. He seems to thrive with a lot of flurry and drama around him, and he knows he'll never go to prison, so it'd be another high-thrills game with no risk. He loves being in charge of stuff -- and presiding over tons of paperwork and legal wrangling will fill the void of not being Bush's puppetmaster anymore. Ultimately, it'll confirm his belief that he is the center of the universe.

He's a piece of work, alright.
02:51 AM on 11/20/2008
If the Bush regime has been about anything, it's been about expanding powers all over the place and claiming undue privilege. So yeah, I'm guessing they'll try to pardon each other to infinity.

And then we can add THAT to the long list of investigations Obama will decline to take up, in the interest of unity or hope or whatever it's called now. And Congress will toddle along. Their agenda will be pretty much filled anyway, what with putting out all the fires Bush and Cheney started ... maybe to provide cover while they got out of Dodge?

I can't imagine anyone making charges stick to Cheney, for anything. He's like CYA personified. Mr. Teflon. And Bush slides along in his wake.
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DRaymond
Network administrator, voiceovers
02:13 AM on 11/20/2008
Bush will certainly upgrade Scooter Libby's commutation to a full padon. He will also almost certainly pardon Stevens too.

Ford's pardon of Nixon was both pre-emptive and broad. It did not mention specific crimes.

I suspect that Bush will take his grab of executive authority to a new level and try to grant a general pardon of everybody in his administration for any act involved with carrying out Bush or Cheney's executive authority. Will that be extrordinarily unpopular? Yes, but he is already extrordinarily unpopular.
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01:24 AM on 11/20/2008
I believe Obamma can overturn a pardon, and must. There is way too much data out there for causes of impeachment, indightment and federal jail time to allow for the pardons to stand. bush knows he was involved in 911 with cheney and kroll industries. Jerome Hauer was the other guy whom they used to aide in the 911 tragedy's. They lied, mislead the public, gagged the media, used explosives to blow up the buildings, holding documents that would implicate them in insider trading, along wih Enron, stolen money, ties to the ISI, CIA and CFR that is proof, the white house did indeed cause 911 to go down. If anyone bothers to watch the U tube video on Who Killed John O' Niell, they will see the former FBI agent was murdured the day he chose to work for Kroll in the twin towers. O" Niel was on the path to get info to convict both Bush and cheney, prior to his death on 911. The only people who knew about this was Bush, Cheney and Jerome Hauer of Kroll. Its Go time, and screw the pardons.
12:46 AM on 11/20/2008
..

Expect pre-emptive pardons. The lesson of the Iran-Contra scandal wasn't lost on Bush, the Younger.

He will protect those who might implicate HIM in high crimes and misdemeanors.

.
02:08 AM on 11/20/2008
"Section 2 - Civilian Power over Military, Cabinet, Pardon Power, Appointments
The President ... shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment."

Doesn't "offenses against the United States" mean federal crimes? And would that not mean in turn that the President cannot pardon people for state crimes? (That's why governors are usually the ones who must issue pardons to people convicted for murder: most murder cases are prosecuted by states.)
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kimk3
12:34 AM on 11/20/2008
"Putting aside the question of whether or not it is legal to pardon in advance of a conviction, would President Bush have the stomach to do it? "

Are you kidding? He's had the stomach to: torture, hold innocent men in Guantanamo and other black sites for years, illegally wiretap the whole country, start a war on lies, steal an election, let all the people in New Orleans drown and suffer because they weren't Republicans, etc., etc. This guy has a strong stomach for nasty business.

"President Bush didn't pardon Scooter Libby but he contrived to release him from prison nonetheless."

Libby was still under appeal so he couldn't be pardoned then. I am sure Libby will get a full pardon on the way out...

"Would he look to preemptively protect those who have served in his administration from prosecution and punishment before he has to hand over the reins of power?"

Are you kidding? Did James Brown get down?
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Jayne Lyn Stahl
12:02 AM on 11/20/2008
Great title! Given how onanistic Bush and company's sense of justice is, it seems fitting.

But, the question isn't so much "how far will the vice president go to protect himself," but instead--how far will the President-elect go to protect him? It's more important now, than ever, that the incoming administration rescind the Military Commissions Act of 2006, an infernal piece of legislation that immunizes Cheney, Rumsfeld, Bush, Gonzales, and anyone else who went along for the ride, from the war crimes charges they ultimately deserve.
12:32 AM on 11/20/2008
Thanks for keeping us focused, anything that immunizes anyone unlawfully should be bumped out of legislative existence.
03:43 PM on 11/20/2008
I hope President-elect Obama does something to that effect, then goes further. I think passing some kind of legislation that protects against the terrible abuse of executive power over the last eight years is in order. I just do not think I could stomach another Bush-like administration coming into power.
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sippewissett
We are ALL Americans, not just the noisy few.
11:28 PM on 11/19/2008
Bush should go right ahead and pardon Cheney, convicted or not, on these current charges. Such a move would seal the public's opinion of Bush and his henchman so that when the Dems find the smoking gun in Cheney's papers (assuming his shredder was jammed in time), we can get ready for a year of entertainment as a slow, laborious but far more important endictment unfolds in court against Cheney.
I will be astonished if the Dems don't find substantial evidence of "invasion of the lobbyists", conflict of interest with his Halliburton "ties" and a slew of other reasons to send him out hunting without a gun. I've got popcorn already stashed away for the LONG execution of American justice against Cheney and the Neocons.
12:17 AM on 11/20/2008
I was just a peon, testing the steel rail in Canada, contracting for an American company for the Canadian Pacific. I spent three years up there all over, but I still remember being in Banff, B.C. and overhearing the conversations of some Titans of Industry and War (at the Lake Louise Hotel). I don't think you quite understand their views of us low lifes or about humanity in general. We're looked upon as ants and are to be treated as such. They are the modern day equivalents of Pharaohs, what with their sheer power and ruthlessness. This isn't going to be easy, if at all possible to prosecute these men in our Government. These men are not patriots and therefore don't really care what has to happen to ensure the power continues. When/if this ever becomes a reality, I think it's going to be a lot more somber than festive. This will be major.
11:01 PM on 11/19/2008
If you've read the Constitution closely, you know that VP Cheney works in an imaginary branch of government. A branch not contained within that document or apparent to the normal observer.

His state is therefore much like the relationship between the fourth dimension and our own world .

As is well known, objects in the fourth dimension are subject to their own peculiar laws.

No pardon is needed then.
10:50 PM on 11/19/2008
But of course he will! :) But he'll be President when he does so. What better way to do this than to have Bush issue his blanket pardons, including Richard "Dick" Cheney, and then resign (pick a reason). Upon Dick Cheney already pardoned and now President, he will, in turn, pardon George Jr.. Does that seem beyond reason? Tell me, what HASN'T been beyond reason with these audacious criminals? Even NOW, they're burrowing compadres in Civil Jobs that are tough to extricate them from. Passing a slew of environmental disaster rules that aid and benefit corporations and probably a whole lot of things we won't discover until they're long gone. I can't speak for everyone, but until these two forgave Telco's for past illegal wiretapping, I've NEVER heard the absurd term "retroactive immunity". What next? "preemptive pardons"? ANYthing is possible with this abominable administration. I'm truly ashamed this Country has tolerated them as long as we have. They surely must see Justice for the grave harm that they've done.
10:35 PM on 11/19/2008
> If President Bush pardons Senator Ted Stevens will he do so for noble sounding reasons, to "honor a great man's four decades' service to his country"?

Gee, I wish someone would honor me with $250k. LOL

> If a way can be found to justify it, will Dick Cheney pardon himself?

How can Dick Cheney pardon himself? He is not even part of the Executive Branch of the government.

http://billmel8er.wordpress.com
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Emerald1943
12:58 AM on 11/20/2008
Only when it's convenient....like claiming "executive privilege" when backed into a corner!