By Jonathan Turley
July 11, 2020 "Information
Clearing House" - "
The commutation of
Roger Stone once again sent Washington into
vapors of shock and disgust. Legal analyst Jeffrey
Toobin declared it to be “the most corrupt and
cronyistic act in all of recent history.” Despite my
disagreement with the commutation, such a statement is
almost charmingly quaint. The sordid history of White
House pardons makes this commutation look positively
chaste in comparison. Many presidents have found the
absolute power of pardons to be an irresistible
temptation when it involves family, friends and
political allies.
I have maintained that
Stone deserved a new trial but not a pardon. As Attorney
General William Barr has maintained, this was a
“righteous prosecution” and Stone was correctly
convicted and correctly sentenced to 40 months in
prison. To his credit,
President Trump did not give his friend a
pardon but rather a commutation. Stone remains a
convicted felon.
However, Trump should
have left this decision to his attorney general. In
addition to Stone being a friend and political ally,
Trump was implicated in the allegations against Stone.
While there was no evidence linking Trump to the leaking
of hacked emails, he has an obvious conflict of interest
in the case.
The White House issued
a statement that Stone is “a victim of the Russia hoax.”
The fact is that Stone is a victim of himself. Years of
what he called his “performance art” finally caught up
with him when he found prosecutors who were not amused
by his antics. Stone defines himself as an “agent
provocateur.” He went too far when he called witnesses
to influence their testimony and gave false responses to
investigators.
However, the criticism
of this action immediately seemed to be decoupled from
any foundation in history or the Constitution. Toobin
declared, “This is simply not done by American
presidents. They do not pardon or commute sentences of
people who are close to them or about to go to prison.
It just does not happen until this president.”
In reality, the
commutation of Stone barely stands out in the gallery of
White House pardons, which are the most consistently and
openly abused power in the Constitution. This authority
under Article 2 is stated in absolute terms, and some
presidents have used it with absolute abandon.
No Advertising - No Government Grants - This Is Independent Media
|
Thomas Jefferson
pardoned Erick Bollman for violations of the Alien and
Sedition Act in the hope that he would testify against
rival Aaron Burr for treason. Andrew Jackson stopped the
execution of George Wilson in favor of a jail sentence,
despite the long record Wilson had as a train robber,
after powerful friends intervened with Jackson. Wilson
surprised everyone by opting to be hanged anyway.
Wilson, however, could
not hold a candle to Ignazio Lupo, one of the most
lethal mob hit men who was needed back in New York
during a Mafia war. With the bootlegging business
hanging in the balance, Warren Harding, who, along with
his attorney general, Harry Daugherty, was repeatedly
accused of selling pardons, decided to pardon Lupo on
the condition that he remain “law abiding.”
Franklin Roosevelt
also pardoned political allies, including Conrad Mann, a
close associate of Kansas City political boss Thomas
Pendergast. Pendergast made a fortune off illegal
alcohol, gambling and graft and helped put Harry Truman
in office. Truman also misused this power, including
pardoning the thoroughly corrupt George Caldwell, a
Democratic state official who skimmed massive amounts of
money off government projects, such as a building fund
for Louisiana State University.
Richard Nixon was both
a giver and receiver of controversial pardons. He
pardoned Jimmy Hoffa after the Teamsters union leader
pledged to support his reelection bid. Nixon himself was
later pardoned by Gerald Ford, an act many of us view as
a mistake. Ronald Reagan refused to pardon the Iran
Contra affair figures, but his vice president, George
H.W. Bush, did so after becoming president. Despite his
alleged involvement in that scandal, Bush pardoned other
Iran Contra figures, such as Defense Secretary Caspar
Weinberger.
Bill Clinton committed
some of the worst abuses of this power, including
pardons for his brother Roger Clinton and his friend and
Whitewater business partner Susan McDougal. He pardoned
the fugitive financier Marc Rich, who evaded justice by
fleeing abroad. Entirely unrepentant, Rich was a major
Democratic donor, and Clinton wiped away his convictions
for fraud, tax evasion, racketeering and illegal
dealings with Iran.
Unlike many of these
cases, there were legitimate questions raised about
Stone’s case. The biggest problem is that the foreperson
of Stone's trial jury was a Democratic activist and an
outspoken critic of Trump and his associates who even
wrote publicly about Stone's case; despite multiple
opportunities to do so, she never disclosed her prior
statements and actions, which would have demonstrated
her bias. Trial Judge Amy Berman Jackson shrugged off
all that, however, and refused to grant Stone a new
trial — denying him the most basic protection afforded
in our system.
Moreover, I think both
the court and Barr were wrong to push for Stone's
imprisonment at this time, as he meets all of the
criteria for an inmate at high risk for exposure to the
coronavirus. None of that, however, justifies Trump
becoming directly involved in a commutation, when many
of these issues could be addressed in a legal appeal.
There is plenty to
criticize in Trump's decision without pretending this
was a pristine power besmirched by a rogue president.
Trump should have left the decision to a successor (as
Reagan did) or, at a minimum, to Barr. Nevertheless,
compared with other presidents, his commutation of Stone
is not even a distant contender for “the most corrupt
and cronyistic act” of presidential clemency.
Jonathan Turley is
the Shapiro Professor of Public Interest Law at George
Washington University. You can find his updates online
@JonathanTurley.
- - "Source"
-
Post your comment below
The
views expressed in this article are solely those
of the author and do not necessarily reflect the
opinions of Information Clearing House.