[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 9 Introduced in House (IH)]







111th CONGRESS
  1st Session
H. RES. 9

Expressing the sense of the House of Representatives that the President 
of the United States should not issue pardons to senior members of his 
     administration during the final 90 days of his term of office.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 2009

 Mr. Nadler of New York submitted the following resolution; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                               RESOLUTION


 
Expressing the sense of the House of Representatives that the President 
of the United States should not issue pardons to senior members of his 
     administration during the final 90 days of his term of office.

Whereas Article II, section 2, clause 1, of the Constitution of the United 
        States provides that ``[t]he President . . . shall have Power to grant 
        Reprieves and Pardons for Offences against the United States, except in 
        Cases of Impeachment'';
Whereas Alexander Hamilton, in Federalist #74, stated, ``[a]s the sense of 
        responsibility is always strongest, in proportion as it is undivided, it 
        may be inferred that a single man would be most ready to attend to the 
        force of those motives which might plead for a mitigation of the rigor 
        of the law, and least apt to yield to considerations which were 
        calculated to shelter a fit object of its vengeance'';
Whereas the Supreme Court has observed that ``[a] pardon reaches both the 
        punishment prescribed for the offence and the guilt of the offender; and 
        when the pardon is full, it releases the punishment and blots out of 
        existence the guilt, so that in the eye of the law the offender is as 
        innocent as if he had never committed the offence. If granted before 
        conviction, it prevents . . . the penalties and disabilities consequent 
        upon conviction from attaching; if granted after conviction, it removes 
        the penalties and disabilities, and restores him to all his civil 
        rights; it makes him, as it were, a new man, and gives him a new credit 
        and capacity.'' Ex Parte Garland, 71 U.S. (4 Wall.) 333, 380 (1866);
Whereas during the Constitutional convention, George Mason expressed the concern 
        that a president could abuse his pardon power to ``pardon crimes which 
        were advised by himself'' or, before indictment or conviction, ``to stop 
        inquiry and prevent detection'';
Whereas James Madison responded to Mason's concerns by stating that ``[i]f the 
        President be connected, in any suspicious manner, with any person, and 
        there be grounds [to] believe he will shelter him, the House of 
        Representatives can impeach him; they can remove him if found guilty'';
Whereas although not constitutionally binding, the Pardon Attorney's regulations 
        governing the granting of presidential pardons states ``[n]o petition 
        for pardon should be filed until the expiration of a waiting period of 
        at least five years after the date of the release of the petitioner from 
        confinement or, in case no prison sentence was imposed, until the 
        expiration of a period of at least five years after the date of the 
        conviction of the petitioner. Generally, no petition should be submitted 
        by a person who is on probation, parole, or supervised release.'' 28 CFR 
        1.2 (2000);
Whereas on President George H.W. Bush granted a full, complete, and 
        unconditional pardon to Elliott Abrams, Duane R. Clarridge, Alan Fiers, 
        Clair George, Robert C. McFarlane, and Caspar W. Weinberger for all 
        offenses charged, prosecuted, or committed in connection with the Iran-
        Contra Scandal in which he was alleged to have been involved;
Whereas in a press conference on February 22, 2001, President George W. Bush 
        stated, ``Should I decide to grant pardons, I will do so in a fair way. 
        I will have the highest of high standards'';
Whereas investigations by Congressional committees, and press reports, raise 
        serious concerns that senior officials of the administration of 
        President George W. Bush may have committed crimes involving the 
        mistreatment of detainees, the extraordinary rendition of individuals to 
        countries known to engage in torture, illegal surveillance of United 
        States citizens, unlawful leaks of classified information, obstruction 
        of justice, political interference with the conduct of the Justice 
        Department, and other illegal acts;
Whereas President George W. Bush has been urged to grant preemptive pardons to 
        senior administration officials who might face criminal prosecution for 
        actions taken in the course of their official duties; and
Whereas pardons issued during the lame duck period of a President's term would 
        not be subject to the judgement of the voters; Now, therefore, be it
    Resolved, That--
            (1) it is the sense of the House of Representatives that 
        the granting of preemptive pardons by the President to senior 
        officials of his administration for acts they may have taken in 
        the course of their official duties is a dangerous abuse of the 
        pardon power;
            (2) it is the sense of the House of Representatives that 
        the President should not grant preemptive pardons to senior 
        officials in his administration for acts they may have taken in 
        the course of their official duties;
            (3) it is the sense of the House of Representatives that 
        James Madison was correct in his observation that ``[i]f the 
        President be connected, in any suspicious manner, with any 
        person, and there be grounds [to] believe he will shelter him, 
        the House of Representatives can impeach him; they can remove 
        him if found guilty'';
            (4) it is the sense of the House of Representatives that a 
        special investigative commission, or a Select Committee be 
        tasked with investigating possible illegal activities by senior 
        officials of the administration of President George W. Bush, 
        including, if necessary, any abuse of the President's pardon 
        power; and
            (5) the next Attorney General of the United States appoint 
        an independent counsel to investigate, and, where appropriate, 
        prosecute illegal acts by senior officials of the 
        administration of President George W. Bush.
                                 <all>