Balkinization: Bush's Ace in the Hole-- The Pardon Power

JB

Rumors are buzzing about who will be indicted in the Plamegate scandal, and what further revelations will develop. Some people have even speculated that the Vice-President may be indicted or named as an unindicted co-conspirator.

But just remember that the President always has the means to stop judicial proceedings of his closest political associates from going any further. He can simply pardon persons indicted for a crime, or even those who have not yet been indicted.

On December 24th, 1992, a month before he left office, President Bush's father, George H.W. Bush, pardoned former Defense Secretary Caspar Weinberger and five other individuals for their conduct related to the Iran-Contra affair. In so doing, Bush not only put an end to the criminal prosecutions arising out of the Iran-Contra affair, he also ensured that he would never be required to testify as a witness in a criminal trial after he left office. The former President was no fool. He knew that for many years critics refused to believe his repeated protestations that he was "out of the loop" on the machinations surrounding Iran-Contra during the Reagan Administration. Once under oath, he would be required to divulge exactly what he knew and when he knew it.