The use of the preemptive pardon is now a staple of current GOP presidential operations. It was initiated by Ford, expanded by Bush I, and perfected by Bush II (a la Libby). The gloss that Bush II has provided is threefold: a) manipulate the prosecutors, b) manipulate the courts, c) manipulate and/or defy Congress (and the public). Now it is not as necessary to pardon preemptively, because any challenges can be thwarted earlier by - not prosecuting or investigating; blocking prosecutions in friendly courts; denying access to Congress in its oversight role to evidence (through destruction or withholding) or witnesses (though withholding or lying). Pardon is only a last resort when all of the other obstruction methods fail, as in the Libby situation (I have previously discussed why clemency was more efficacious than pardon in that case). Anticipate a drove of pardons on the way out, though, in the same way that dad did it - to cover the tracks.


A well reasoned argument is like a diamond: impervious to corruption and crystal clear - and infinitely rarer.

Here, as elsewhere, people are outraged at what feels like a rigged game -- an economy that won't respond, a democracy that won't listen, and a financial sector that holds all the cards. - Robert Reich