Washington

WHEN President Bill Clinton pardoned a billionaire fugitive from justice on his last day in office, even usually loyal Democrats were dismayed. Representative Henry Waxman of California called it “bad precedent” and “an end run around the judicial process.” He said it appeared to set a double standard for the wealthy and powerful.

The billionaire was Marc Rich, a commodities trader, and his pardon is a subject of discussion again because Eric Holder, Mr. Clinton’s deputy attorney general at the time and a key figure in the clemency process, is reported to be Barack Obama’s choice for attorney general. In the years since the Rich pardon, Mr. Holder has said he “never devoted a great deal of time to this matter.” He also told an interviewer that, in hindsight, he wished that the Justice Department had been “more fully informed” about the case. As someone who helped cover the story for The Washington Post, I think the issue is far more complicated and deserves more scrutiny if Mr. Holder is to become our top law-enforcement official.

A little history first. In 1983, Marc Rich was indicted along with his partner, Pincus Green, and their companies on 65 counts of defrauding the I.R.S., mail fraud, tax evasion, racketeering, defrauding the Treasury and trading with the enemy. (The last of these was for an oil deal with Iran while it held American hostages.) On hearing that they were about to be prosecuted, they fled to Switzerland. For the next 17 years, Mr. Rich ducked extradition requests as well as attempts by federal marshals to arrest him in France, England, Finland and elsewhere.

Mr. Rich’s lawyers tried repeatedly to reach a deal with federal prosecutors in New York that would keep him out of jail if he returned. Though his companies pleaded guilty and paid $200 million in fines and other penalties, Mr. Rich insisted that the case against him was weak. The prosecutors offered to drop the racketeering charges and to let Mr. Rich free on bail (without a passport) if he would return. Mr. Rich refused.