July 26, 2007

FindLaw's Writ - Dorf: What are the "Inherent" Powers of the President? How the Bush Administration Has Mistaken Default Rules for Exclusive Rights

I am not one to lightly consider amending the US Constitution. I was reading a story where some Senators are urging a special prosecutor to investigate if the Attorney General perjured himself during his congressional testimony. Considering the outcome of the Libby trial, what would be the the downside for an administration official to lie to Congress. If Alberto Gonzales is convicted of perjury, the President would clearly pardon him. One could argue that even his law license was safe as if his state bar (I assume Texas) tried to disbar him, the fact that it would be for lying to Congress and that was pardoned, it is as if the offense didn't happen. To disbar him would be a form of double jeopardy that allowed a state bar to supersede the President's power to pardon a citizen.

Historically, a good check to the power of the pardon has been public perception. But with the current administration reserving its legacy as one of the most inept, this offers little deterrent.

In the end, Congress can impeach the Attorney General to remove him from office. As the president does not have the power to pardon someone that has been impeached, this only removes them from office.