Monday, December 29, 2008

Can't He Do Anything Right?

One of the few unchecked powers everybody agrees the President has is to issue pardons and commutations. Sure, some pardons are unpopular, but when your on your way out of the Oval Office, who gives a rat's ass. Leave it to Duhbya to mess up even this simple act:

In an unusual move, President Bush on Wednesday reversed his decision, announced a day earlier, to pardon Isaac R. Toussie, a Brooklyn developer who pleaded guilty to fraudulently obtaining federally insured mortgages and to defrauding Suffolk County, N.Y., by selling it overpriced land.
Basically, lines got crossed in the process. The counsel to the President though the Department of Justice had signed off on the pardon for Toussie, but it hadn't. Nonetheless, Duhbya signed the necessary paperwork.

So, can the President taketh back what he hath given? Or is he bound by the ancient legal maxim of "no backsies"? Not surprisingly, the legal blogosphere has different takes on the issue. According to this analysis at Pardon Power, Toussie should walk. Whether he does or not remains to be seen.

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