Petition to Pardon 101.

Bush has now said that pardon is not off the table for Libby today. Let's review the petition to pardon after completion of sentence from the DOJ website:

Petition for Pardon after Completion of SentenceFederal Convictions Only

Under the Constitution, the President has the authority to grant pardon for federal offenses, including those obtained in the United States District Courts, the Superior Court of the District of Columbia, and military courts-martial.

The President cannot pardon a state criminal offense. Accordingly, if you are seeking clemency for a state criminal conviction, you should not complete and submit this petition. Instead, you should contact the Governor or other appropriate authorities fo the state where the conviction occurred (e.g., the state board of pardons and paroles) to determine whether any relief is available to you under state law.

Five Year Waiting Period

Under the Department's rules governing petitions for executive clemency, there is a minimum waiting period of five years after completion of sentence before anyone convicted of a federal offense becomes eligible to apply for a presidential pardon. The waiting period begins on the date of the petitioner's release from confinement. Alternatively, if the conviction resulted in probation or a fine, but no term of imprisonment, the waiting period begins on the date of sentencing.

A waiver of any portion of the waiting period is rarely granted and then only in the most exceptional circumstances. In order to request a waiver, you must complete the pardon application form and submit it with a letter explaining why you believe the waiting period should be waived in your case.

And of course, Libby was commuted and not pardoned by President Bush yesterday.

Here is the pardon form.

And Bush has every right to pardon Libby or anyone of his choosing:

Article II, Section 2, which states that the President:

shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

But, here is the catch 22 that Bush is not thinking of. He is using the Nixon playbook with Libby. But giving Libby commute illegally according to the clemency guidelines and now try to pardon Libby will get him into deeper trouble in current and future cases in the judicial system:

The Justice Department recommends anyone requesting a pardon must wait five years after conviction or release prior to receiving a pardon. A presidential pardon may be granted at any time, however, and as when Ford pardoned Nixon, the pardoned person need not yet have been convicted or even formally charged with a crime. Clemency may also be granted without the filing of a formal request and even if the intended recipient has no desire to be pardoned. In the overwhelming majority of cases, however, the Pardon Attorney will consider only petitions from persons who have completed their sentences and, in addition, have demonstrated their ability to lead a responsible and productive life for a significant period after conviction or release from confinement.

Here is what I am driving at. Ford gave Nixon a presidential pardon when Nixon was not yet convicted or charged with a crime in the Watergate scandal. Bush granted a convicted felon, Libby, an illegal commute and now possibly is going to pardon the convicted felon. Yet, pardon attorneys grant petitions from individuals who completed his or her sentences. Ponder on that.

Have a great evening folks!!!!!