Unchecked Power

By Mitch Frank

For the past three decades, American Presidents have been cautious about issuing pardons. In eight years, Bill Clinton gave out roughly 300. Herbert Hoover handed out almost 1,400 in half the time. Ever since Gerald Ford let Richard Nixon off the hook for Watergate, every act of clemency has been scrutinized. Still, each recent President has made a few controversial decisions. Nixon pardoned Jimmy Hoffa in 1971, then received the Teamsters' endorsement a year later. Jimmy Carter pardoned Vietnam draft dodgers on his first full day in office. Ronald Reagan pardoned two FBI officials who had authorized agents to break in to Vietnam protesters' offices. But he resisted calls to pardon Iran-contra defendants Oliver North and John Poindexter.

Alexander Hamilton defended the President's power of clemency in the Federalist papers, arguing that it should be free of the whims of Congress. The Justice Department does have guidelines: applicants usually present their case to the pardon attorney's office. But the President can issue a pardon without consulting Justice.

George W. Bush has kept quiet about Clinton's pardons, knowing he will want to issue a few of his own. His father, after losing re-election, pardoned Caspar Weinberger and five other Iran-contra players. Independent counsel Lawrence Walsh, kept in the dark until those pardons were announced, accused Bush of trying to keep himself off the witness stand. Clinton can hope the memory of his pardons will fade just as quickly.

--By Mitch Frank