George W. Bush has shown few signs he plans to indulge in a frenzy of last-minute pardons. Bush pardons few in final hours

In his final hours in office, President George W. Bush is staying true to form by making sparing use of his pardon powers.

Bush commuted the sentences of two former Border Patrol agents, Ignacio Ramos and Jose Compean, who were serving lengthy prison terms for shooting a fleeing drug suspect in 2005.


White House officials indicated they did not expect any other clemency actions before Bush leaves office at noon Tuesday.

Bush seems intent on clearing out of town without the cloud of controversy that descended on President Bill Clinton after he issued a series of last-minute pardons before leaving office in 2001. Clinton’s pardon of billionaire financier Marc Rich, who was considered a fugitive by the Justice Department, triggered a Congressional investigation and public scolding even from Democrats.

Some Democrats and civil liberties activists feared that Bush might issue a sweeping pardon blocking future prosecutions over alleged torture of war-on-terror detainees but those concerns appear to have been unwarranted.

There also were no last-minute pardons for political allies or former aides, such as I. Lewis “Scooter” Libby Jr., who was convicted in 2007 of obstruction of justice in the CIA leak investigation. The lack of a pardon disappointed many of Libby’s backers.

Advocates of greater use of the pardon power were also dejected that Bush made so little use of it in his final days and issued no additional commutations for indigent prisoners with meritorious cases.

“It’s very disappointing. It’s worse than disappointing. I think it’s a tragedy,” said Margaret Love, a former pardon attorney at the Justice Department. “It’s the culmination of a 15-year or 16-year effort to shut down the clemency program. I can’t believe this is all he’s going to do.”

Here was Politico’s final line on the chances for pardons in ten selected cases prior to the announcement this morning about Bush’s final actions on the subject.



1. Pardon Prospects: Military and CIA interrogators of war-on-terror prisoners



Status: Could face investigation and prosecution for use of harsh tactics in post-9/11 interrogations. Bush has signaled sympathy with those called upon to “connect the dots” after the terror attack, and the incoming Barack Obama administration has given mixed signals, with Obama himself downplaying prosecutions but his choice for attorney general Eric Holder seeming open to the idea – which could lead Bush to act.

Pros: Some lawyers doubt charges could ever be brought or convictions obtained because of Justice Department opinions permitting aggressive tactics; might be seen as buck-stops-here gesture by Bush.

Cons: Likely to require a “blanket” pardon which describes conduct, but does not name individuals; might be hard to craft language or justify pardon which immunizes some harsh tactics without overturning convictions for prisoner abuse at Abu Ghraib; certain to trigger outrage among liberals and inflame anti-American feeling abroad. Pardons expert P.S. Ruckman Jr. of Rock Valley College in Illinois downplays “the idea of this big, last-minute, surprise, blanket, turbo-amnesty for war crimes.”

Politico Odds: 4 to 1

2. Pardon Prospect: Former Chief of Staff to Vice President Cheney, I. Lewis “Scooter” Libby Jr.

Status: Convicted in 2007 of obstruction of justice, false statements, and perjury in investigation into leak of identity of CIA officer Valerie Plame. Sentenced to two-and-a-half years in prison, two years probation and $250,000 fine; prison sentence commuted by Bush before service. A Libby pardon has strong support among conservatives. “Scooter Libby was not guilty of the original crime trumpeted by the media and the Democrats for campaign purposes. He was not responsible for the leak…..It’s a travesty, it seems to me,” said Dick Carlson, a former Voice of America chief and ambassador.

Pros: Vice President Dick Cheney views Libby as loyal; disbarment and lack of employment could be seen as punishment; on leaving office, presidents Clinton and Bush (41) also pardoned senior officials

Cons: Could remind public of Bush’s failure to dismiss those accused of leaking Plame’s identity; risk of public outcry for leaving full pardon for final days of presidency when it could have been done sooner.

Politico Odds: 1 to 2

3. Pardon Prospect: Former Attorney General Alberto Gonzales

Status: A special prosecutor based in Connecticut, Nora Dannehy, has been assigned to review whether Gonzales misled Congress or otherwise interfered with inquiries into the firings of U.S. attorneys. A Justice Department investigation found he mishandled top-secret documents but prosecutors declined to pursue charges. Gonzales has denied wrongdoing, but lacks a solid job and could still run up big legal bills trying to ward off prosecution.

Pros: Gonzales a longtime loyal Bush aide; arguably punished by lack of significant employment since resigning under pressure in 2007

Cons: A spokesman for Gonzales, Robert Bork Jr., says, “He’s not seeking a pardon and doesn’t want one.”

Politico Odds: 5 to 1.

4. Pardon Prospects: Former American Israel Public Affairs Committee Lobbyists Steven Rosen and Keith Weissman, Former Pentagon Analyst Lawrence Franklin

Status: Franklin pled guilty in 2005 to passing national secrets to Rosen and Weissman; also admitted to passing secrets to Israeli officials; Rosen and Weissman pled not guilty to conspiring to obtain and distribute classified information; trial set for April 2009

Pros: Could please Jewish activists and pro-Israel conservatives; would end unusual prosecution for activities supporters argue are commonplace in Washington

Cons: Undercuts Bush administration’s anti-leak campaign; not clear that Rosen or Weissman desire pardon; Franklin’s admission of direct disclosures to Israel undermines chance for him

Politico Odds: Rosen/Weissman, 10 to 1; Franklin: 20 to 1

5. Pardon Prospect: Former Justice Department official Bradley Schlozman

Status: Investigated for alleged use of political considerations in hiring at DOJ Civil Rights Division and for alleged false statements to Congress; defense lawyer says U.S. Attorney declined to prosecute and “exonerated” Schlozman; Holder told senators he plans to “review” that decision as attorney general

Pros: Eliminates further legal exposure for aide already reportedly cleared once by Justice Department

Cons: Could be viewed as endorsement of politicization at DOJ

Politico Odds: 4 to 1



6. Pardon prospect: Former junk bond king Michael Milken

Status: Pled guilty in 1990 to six tax and securities-related felonies; sentenced to 10 years; ultimately served 22 months

Pros: Out of prison for 16 years; extensive philanthropy since leaving prison

Cons: Tough time to pardon anyone with Wall Street ties

Politico Odds: 2 to 1

7. Commutation Prospects: Former Border Patrol agents Ignacio Ramos and Jose Compean

Status: Convicted in 2006 of shooting fleeing drug smuggling suspect who was illegal alien; Compean sentenced to 12 years in prison; Ramos to 11 years

Pros: Crusade for clemency led by CNN anchor Lou Dobbs; commutation supported by Sens. Dianne Feinstein (D-Calif.) and John Cornyn (R-Tex.), as well as conservative lawmakers

Cons: Dobbs was no friend of Bush’s immigration policy; could be seen as endorsing police abuse

Politico Odds: 3 to 1

8. Commutation Prospect: Former Governor George Ryan (R-Ill.)

Status: Convicted in 2006 of corruption charges; serving six-and-a-half year prison sentence; set for release in 2013

Pros: Ryan is 74; wife in ill health; clemency has support of Sen. Richard Durbin (D-Ill.)

Cons: Timing less than ideal since Ryan’s successor, Rod Blagojevich (D), now faces corruption charges; Ryan has served little of his sentence, only about a year

Politico Odds: 4 to 1

9. Commutation Prospect: Israeli spy Jonathan Pollard

Status: Pled guilty to espionage in 1986; sentenced to life in prison without parole

Pros: Backers say Pollard’s punishment more severe than spies from countries hostile to America; commutation would please Israel and Jewish groups

Cons: Strongly opposed by defense and intelligence communities; Bush has rejected numerous pleas from Israeli officials

Politico Odds: 20 to 1

10. Commutation Prospect: Randall “Duke” Cunningham (R-Calif.)

Status: Pled guilty in 2005 to conspiracy and tax evasion as part of $2.4 million bribery scheme; sentenced to eight years four months

Pros: Stricken with prostate cancer; age 67

Cons: Bush publicly called Cunningham’s scheme “outrageous”; some Republicans blame Cunningham in part for party’s poor showing in 2006 and 2008; clemency could complicate pending trial for alleged co-conspirator, CIA official Kyle “Dusty” Foggo

Politico Odds: 50 to 1