FOR THE ZILLIONTH TIME, Bush Can't Pardon DeLay

[berni_mccoy]

The U.S. Constitution grants the POTUS the power to Pardon for FEDERAL CRIMES. Tom DeLay is facing charges of a CLASS 1 FELONY in the STATE of Texas. The only pardon DeLay could get would be from the Texas Governor's Probate Council, and he would have to appeal to them for even a referral. He's GOING TO JAIL if CONVICTED.

[Ioo]

1. Perry is a Bush Tool, so Delay will get a Perry pardon.

[berni_mccoy]

4. A Majority of the Board of Pardons has to approve

The governor can NOT act alone in this.

see http://www.tdcj.state.tx.us/bpp/exec_clem/exec_clem.html#WHAT%20IS%20A%20FULL%20PARDON

[Weembo]

8. And who appoints them?

[ReadTomPaine]

14. I'm unfamiliar with Texas state politics at that level.

Do you think he's got the votes on the board for a pardon?

[Debi]

2. Maybe it's a hope that this will somehow turn into a federal crime

:shrug:

[Fridays Child]

3. The Neocon two-step method for obtaining and maintaining power.

1. Run the voting machine companies
2. Exercise the executive right of pardon

[texpatriot2004]

5. Thank you Berni_Mccoy...how right you are.n/t

[msrbly]

6. If this is true . . .

If it is true that the POTUS only has the power to pardon for Federal Crimes, then that rumor that if Karl Rove shot someone on live television Bush could immediately pardon him and Karl Rove would walk away scott free wouldn't be exactly true because Karl would still face state charges. Just a hypothetical that didn't sound right to me when the rumor was spreading on DU a couple of weeks ago.

[BrotherBuzz]

10. What state is Washington DC in?

;)

[graywarrior]

7. Don't you mean for the brazilianth time?

[berni_mccoy]

9. hehe, yeah, I debating using that word...

[newswolf56]

11. The mis-impression is widespread (even among people who should...

know better) that presidential pardoning power covers all crimes, federal state and local. This is because of the bad reporting of Ford's pardon of Nixon, which even in normally meticulous publications like The New York Times gave the impression it was a blanket pardon (including against any future prosecution for the many state and local crimes Nixon had ordered, i.e. the Watergate burglary, the break-in at Daniel Ellsberg's psychiatrist's office, etc.).

A journalist whose career spans the last 45 years, also a longtime ACLU member and First Amendment activist, I am normally pretty savvy on constitutional matters but I too was wrong on this one: posted early in the DeLay debate that Bush would simply pardon DeLay, and was promptly corrected -- complete with constitutional citation -- by another regular poster, to whom again thanks).

[Wilms]

13. You're pardoned.

:)

[Vogon_Glory]

12. I'd Feel Happier If The Texas Gov's Mansion Was Blue Again n/t

[wrathofkahn]

15. I hate to rain on your parade, but

Presidents may pardon whomever they choose, without much regard as to the nature of the crime.

"In contrast, the President of the United States is not burdened by a clemency board. The President can get advice from the Pardon Attorney's office in the Justice Department, but he can also bypass or ignore the Pardon Attorney. The fact that there is no formal committee or court that gives public hearings in clemency cases could potentially lead to abuse, which is what some people claim has happened in President Clinton's last-minute acts of clemency.

<....>

The President's pardoning power is based on the power of the monarchs of England, who could grant clemency as part of their sovereign prerogative."

In fact, some of those "controversial" Clinton pardons were for such small things as simple possession of marajuana.

"BURLESON, Delores Caroylene, aka Delores Cox Burleson Hanna, Oklahoma Possession of marijuana"


So, a pardon could theoretically be coming down the pike. My guess, though, is that it won't ever progress that far. So long as all of this happens in Austin instead of DC, it will get little more than a brief mention in the news. If a Presidential Pardon comes along, that's going to be wall-to-wall coverage.

[berni_mccoy]

20. The "small" things you cite are Federal crimes

The President can not pardon someone for a STATE felony.

If DeLay is convicted of a Federal crime IN ADDITION to the state crime he has committed, then yes, the President can pardon him for the Federal crime, BUT NOT the state crime.

[wrathofkahn]

25. Since when is simple possession of pot a federal crime?

[texpatriot2004]

16. kick it n/t

[flying_wahini]

17. gov. big hair Perry will do whatever it takes

to keep DeLay out of prison...... there are only a few (5?)
people on the parole/ pardons board aren't there???
Perry is a party man, a hoop jumper from way back, even the Repugs
don't like him, as I recall - he didn't even carry his home county
in the last election.... it will probably be Gov. Carol Keeton Rylander that will have to deal with it.... or maybe Gov. Kinky???

[berni_mccoy]

21. It may not be a wise move to pardon DeLay politically

Since Perry is up for re-election next year. Perry *may* just wait until after the election before approving a pardon.

[yodermon]

18. cite, please.

thanks.

[berni_mccoy]

22. Site the U.S. Consitution?

http://www.house.gov/Constitution/Constitution.html

From Article II, Section 2

...and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

[yodermon]

23. Glad to see you assert that Texas is not part of the United States.

I tend to agree.

[McCamy Taylor]

19. Clap's hands. Hurray!

[Javaman]

24. Does that come before or after Kazillion?

[berni_mccoy]

26. Before Brazillion