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Highlands Today

The Pardoning Power

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Randy Ludacer

Published: December 31, 2008

The recent reporting concerning presidential pardons and the involvement of the Justice Department overlooks the fact that the pardoning power is given to the president by the Constitution and it is without limit or qualification.

Historically, it is derived from the power of the monarch to pardon anyone for anything, and such acts were beyond review or reversal by any authority.

While it may be informative or entertaining to consider who is pardoned and what offenses are forgiven, it is really beside the point. Absent a desire to look good or avoid criticism, presidential pardons are bullet proof.

As a demonstration of "noblesse oblige" and a piece of good diplomacy, I would suggest that President Bush "pardon" the Iraqi reporter who threw his shoes at him.

While it would have no legal effect, whatsoever, it might motivate Iraqi President Talabani to issue such forgiveness under Iraqi law, and it would be a brilliant political gesture for an outgoing president who is currently bereft of popularity.

It would certainly be well received in the Middle East and would at the very least help our image in the area by demonstrating that we have a capacity for forgiveness.

Randy Ludacer
Lake Placid

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