Pardon Me? A Congressional Pardon [Duncan Hunter]

NY Times ^ | May 7, 2007 | By Sarah Wheaton

[Jim Robinson]

The power to pardon traditionally belongs to the president. But Representative Duncan Hunter, who is seeking the 2008 Republican nomination, isn’t waiting for Inauguration Day.

Mr. Hunter introduced a bill in January to initiate an unprecedented Congressional pardon of two former border patrol agents currently serving 11- and 12-year sentences after shooting a drug smuggler on the Texas-Mexico border in 2005.

For Mr. Hunter and other immigration hardliners, their conviction is an “extreme injustice.”

While Constitutional objections are “very much a possibility,” said Joe Kasper, Mr. Hunter’s spokesman, he doesn’t see the measure threatening executive power. The president’s required signature on the bill “would obviously be synonymous with his authority to execute a pardon,” he said. “The Congress is doing nothing more than initiating a pardon.”

[Prokopton]

The power to pardon traditionally belongs to the president.

The power to pardon has nothing to do with "tradition", it is granted exclusively to the president by the Constitution. Hunter, although well intentioned, is attempting to do something that is clearly unconstitutional. It would be better if he proposed a "sense of the House" proclamation.

Article 2 - The Executive Branch

Section 2 - Civilian Power Over Military, Cabinet, Pardon Power, Appointments

The President .... shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.

[mkjessup]

That is the mark of a man unafraid to stand for what’s right.

It will be interesting to see who will embrace this pardon legislation, and who will run from it.

This affirms once again to me that I’m supporting the right man for President.

[Bonaparte]

"Formal debate over general immigration legislation is set to begin May 14 in the Senate."

...and end in 2050, when we've become a province of Mexico.

All election season posturing.

No border = No country.

No immigration enforcement = No immigration law.

[Bob J]

More succinctly, it’s called election year grandstanding.

[Bonaparte]

But would Congress be granting a pardon with this bill or merely proposing one? Afterall, no grant of pardon occurs without the President's signature. This bill looks like a way to give Bush political cover. I think he wants to help these border patrol agents.

[Bob J]

“For Mr. Hunter and other immigration hardliners, their conviction is an “extreme injustice.”

Maybe the sentences were an injustice but their convictions weren’t. These two LEO’s shot un unarmed, fleeing suspect in the back, tried to cover it up, lied about it and then when they got to court their story was “we thought we saw a black shiny object in his hand”.

At the time the shoot, they didn’t know if he was a smuggler, a coyote or even if he was a US or Mexican citizen. All they knew was he took them on a short high speed pursuit in a van that didn’t even match the description of the vehicle originally reported leaving the drop area.

I’m all for fully supporting the efforts of our BPA’s, but that support shouldn’t be blind. Maybe these guys didn’t deserve 11-12 years in jail but they also don’t deserve to walk scot free.

Condoning such obvious and dangerous violations of anyones civil rights is a slippery slope to a police state. Illegals may be the “jews” of 21st century America, but as we saw in nazi Germany, that kind of blanket police authority easily moves from one scapegoat to the next.

Either we protect the rights of everyone or no one is safe.

[Jim Robinson]

"Maybe the sentences were an injustice"

Well, if you're right maybe Mr. Hunter is on to something that should be considered.

[Bob J]

Agreed, on all these BP posts I have maintained the sentences were harsh. These guys have a tough job and sometimes they make mistakes...but someone who cannot control his "hammer" shouldn't be wearing a badge.

I responded to your post because it said Hunter believed the "convictions" were an injustice. I believe the convictions were justified considering the evidence and so do many others including the jury and several decorated BPA's. Making Ramos and Compeon the poster boys for the border control movement is akin to making OJ Simpson the poster boy for fine footwear and gloves. But, there's lots of money to be made and campaigns to be won.

[Cheburashka]

I must disagree. The willingness to ignore constitutional provisions when they are inconvenient smacks of opportunism. What other constitutional provisions is Representative Hunter willing to throw under the bus? A congressman should be looking at the laws to see if there are flaws that need to be corrected. But there’s no publicity opportunity in that, is there?

An appeal to President Bush would be appropriate for a pardon, this is not.

And I note this little failure on his part for future reference, to be considered when Congressman Hunter asks me for my vote to be President.

[BykrBayb]

Just their luck to pursue the only unarmed international drug smuggler.

[Jim Robinson]

"But, there's lots of money to be made and campaigns to be won."

I take it you don't care much for Mr. Hunter?

[BykrBayb]

The president’s required signature on the bill “would obviously be synonymous with his authority to execute a pardon,” he said. “The Congress is doing nothing more than initiating a pardon.”

[BykrBayb]

The president’s required signature on the bill “would obviously be synonymous with his authority to execute a pardon,” he said. “The Congress is doing nothing more than initiating a pardon.”

[calcowgirl]

Ramos/Compean and Duncan Hunter Ping!

[investigateworld]

bttt

[calcowgirl]

These two LEO’s shot un unarmed, fleeing suspect in the back, tried to cover it up, lied about it and then when they got to court their story was “we thought we saw a black shiny object in his hand”.

Johnny Sutton reincarnated? Your "facts" do not match the record.

[Smokin' Joe]

Although I agree with Representative Hunter's sentiment, this is without basis in Constitutional law. It does have the benefit of turning the heat up, and possibly getting the word out about the agants' plight. It also gives the others in Congress and elsewhere the opportunity to expound on the situation.

While I do not expect it to directly accomplish much, the indirect results from putting pressure on the other members and the POTUS may be interesting. Sometimes all one can do is push for those indirect results.

[Jim Robinson]

Well, I’m not going to complain about introducing a little constitutional crisis during a time when the entire government and every official in it from the top down ignores their constitutional duties. Like you say, turning up the heat a notch or two may produce some benefit.

LOL. As if Pelosi, Reid, et al, aren’t creating a constitutional crisis of their own. Could get interesting.