Friday, December 05, 2008


i can totally get behind this. actually, i'd prefer it went even further, completely abolishing the presidential pardon power (though keeping the ability of the president to commute a sentence). there really is no justification for the pardon power if you believe that the president is not above the law.

normally, i would end this post with the caveat "but it will never pass", but maybe this time it could. nadlers proposal could get a boost in the coming weeks from democrats outraged at whoever bush pardons, putting them on record as supporting the proposal. then later, when the outrage fades and republicans start thinking of pardons in terms of the obama administration, maybe some republicans would also jump onto the bandwagon to limit president obama's ability to pardon his cronies.

it's still unlikely to get a 2/3 majority, but there is at least a plausible scenario how it could happen.