Wednesday, December 24, 2008

Pardon Me, Or The President Admitted He Made A Mistake?

President George W. Bush on Wednesday revoked a pardon he had granted only a day before — a step unheard of in recent memory — after learning in news reports of political contributions to Republicans by the man's father and other information.

Bush pardoned 19 people yesterday, including Isaac Robert Toussie, who had been convicted of making false statements to the U.S. Department of Housing and Urban Development and of mail fraud. And then...the White House issued an extraordinary statement saying the president was reversing his decision in Toussie's case.

They said the new decision was "based on information that has subsequently come to light," including on the extent and nature of Toussie's prior criminal offenses. Also, that neither the White House counsel's office nor the president had been aware of a political contribution by Toussie's father that "might create an appearance of impropriety."

The Justice Department advises the president on who qualifies for pardons. Only people who have waited five years after their conviction or release from prison can apply for a pardon under the department's guidelines. Criminals are required to begin serving time, or otherwise exhaust any appeals, before they can be considered for sentence commutation. But the president can forgive people outside that process if he chooses. Under the Constitution, the president's power to issue pardons is absolute and cannot be overruled — meaning he can forgive anyone he wants, at any time.

"The counsel to the president reviewed the application and believed, based on the information known to him at the time, that it was a meritorious application," the White House said. Bush now believes the case should rest with the pardon attorney. Pass the buck? What a presidential surprise.

And Toussie's history? He pleaded guilty for lying to HUD and mail fraud, admitting that he falsified finances of prospective homebuyers seeking HUD mortgages. He was sentenced to five months in prison and five months' house arrest, a $10,000 fine and no restitution. In another case, Toussie pleaded guilty to having a friend send his local county a letter that falsely inflated property values. A lawyer was also located representing hundreds of ex-customers who have sued Toussie in federal court, accusing him of luring poor, minority homebuyers into buying overpriced homes with mortgages that had hidden costs.

Federal Election Commission records show a number of donations to Republicans this year by Robert Toussie and by a Laura Toussie who lists the same address. Between them, they gave $4,600 to Minnesota GOP Sen. Norm Coleman and another $4,600 to Oregon Republican Sen. Gordon Smith, both in October. Robert Toussie also gave $2,300 to GOP Rep. Eric Cantor of Virginia in the same month. And there was a contribution to the Republican National Committee came as part of a fundraiser in March for GOP presidential candidate John McCain. Out of a total donation of $30,800 by Toussie, $2,300 went to McCain's campaign and $28,500 went to the RNC.

Doug Berman, a law professor at Ohio State University summed it up perfectly: "It's, at best, embarrassing. At worst, it's an extraordinary example of this White House's ability to bollox up one bit of presidential authority that he clearly has."

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