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The Pardon Issue
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Mark Kleiman points out that Democrats can pass a bill stipulating that "no funds" be used to issue a pardon in violation of this guideline from the Pardon Attorney's office:
That would, of course, have the effect of preventing Bush from pardoning Scooter Libby. Republicans could, clearly, filibuster any such bill. But from where I sit, that's a political fight Democrats would like to have on their hands. First Pete Domenici politicizes corruption investigations, then he mounts filibusters to prevent justice being done to felons inside the Bush administration, etc.
No petition for pardon should be filed until the expiration of a waiting period of at least five years after the date of the release of the petitioner from confinement or, in case no prison sentence was imposed, until the expiration of a period of at least five years after the date of the conviction of the petitioner. Generally, no petition should be submitted by a person who is on probation, parole, or supervised release.
That would, of course, have the effect of preventing Bush from pardoning Scooter Libby. Republicans could, clearly, filibuster any such bill. But from where I sit, that's a political fight Democrats would like to have on their hands. First Pete Domenici politicizes corruption investigations, then he mounts filibusters to prevent justice being done to felons inside the Bush administration, etc.
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