Bill Clinton pardons controversy
Encyclopedia
President Bill Clinton
was criticized for some of his pardon
s and acts of executive clemency. While most presidents grant pardons on several days throughout their terms, Clinton chose to make most of them on January 20, 2001. Collectively, the controversy surrounding these actions has sometimes been called Pardongate in the press. Federal prosecutor Mary Jo White
was appointed to investigate the pardons. She was later replaced by James Comey, who found no wrongdoing on Clinton's part.
, a violent Puerto Rican
terrorist group that set off 120 bombs in the United States, mostly in New York City
and Chicago
. There were convictions for conspiracy to commit robbery, bomb-making, and sedition
, as well as firearms and explosives violations. The 16 were convicted of conspiracy and sedition and sentenced with terms ranging from 35 to 105 years in prison. Congress, however, recognizes that the FALN is responsible for "6 deaths and the permanent maiming of dozens of others, including law enforcement officials." Clinton offered clemency, on condition that the prisoners renounce violence seeing as none of the 16 had been convicted of harming anyone and they had already served 19 years in prison. This action was lobbied by ten Nobel Laureates, the Archbishop of Puerto Rico and the Cardinal of New York. The commutation was opposed by U.S. Attorney's Office
, the FBI, and the Federal Bureau of Prisons
and criticized by many including former victims of FALN terrorist
activities and the Fraternal Order of Police
. Hillary Clinton, then campaigning for her first term in the Senate, initially supported the commutation, but later withdrew her support.
Congress condemned this action by President Clinton, with votes of 95-2 in the Senate and 311-41 in the House. The U.S. House Committee on Government Reform
held an investigation on the matter, but the Justice Department
prevented FBI officials from testifying. President Clinton cited executive privilege
for his refusal to turn over some documents to Congress related to his decision to offer clemency to members of the FALN terrorist group.
company United Shows International, for charges of bank fraud
from a 1982 conviction. Although the couple had already been released from prison, the prior conviction prevented them from doing business in certain American states. First Lady
Hillary Clinton's youngest brother, Tony Rodham
, was an acquaintance of the Gregorys, and had lobbied Clinton on their behalf. In October 2006, the group Judicial Watch
filed a request with the U.S. Justice Department for an investigation, alleging that Rodham had received $107,000 from the Gregorys for the pardons in the form of loans that were never repaid, as part of a quid pro quo
scheme.
holds the record by pardoning 204 in one day on December 12, 1972 shortly before his term ended. Clinton issued 140 pardons as well as several commutations on his last day of office, January 20, 2001. When a sentence is commuted, the conviction remains intact, however, the sentence can be altered in a number of ways.
On February 18, 2001, Bill Clinton wrote a New York Times column defending the 140 pardons.
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
was criticized for some of his pardon
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
s and acts of executive clemency. While most presidents grant pardons on several days throughout their terms, Clinton chose to make most of them on January 20, 2001. Collectively, the controversy surrounding these actions has sometimes been called Pardongate in the press. Federal prosecutor Mary Jo White
Mary Jo White
Mary Jo White was the first woman to be U.S. Attorney for the Southern District of New York, serving from 1993 to 2002.White was born in Kansas City, Missouri and grew up in McLean, Virginia. She received her B.S...
was appointed to investigate the pardons. She was later replaced by James Comey, who found no wrongdoing on Clinton's part.
FALN Commutation of 1999
On August 11, 1999, Clinton commuted the sentences of 16 members of FALNFuerzas Armadas de Liberación Nacional (Puerto Rico)
The Fuerzas Armadas de Liberación Nacional was a Puerto Rican clandestine paramilitary organization that, through direct action, advocated complete independence for Puerto Rico. At the time of its dissolution, the FALN was responsible for more than 120 bomb attacks on United States targets between...
, a violent Puerto Rican
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
terrorist group that set off 120 bombs in the United States, mostly in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
and Chicago
Chicago
Chicago is the largest city in the US state of Illinois. With nearly 2.7 million residents, it is the most populous city in the Midwestern United States and the third most populous in the US, after New York City and Los Angeles...
. There were convictions for conspiracy to commit robbery, bomb-making, and sedition
Sedition
In law, sedition is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order. Sedition often includes subversion of a constitution and incitement of discontent to lawful authority. Sedition may include any...
, as well as firearms and explosives violations. The 16 were convicted of conspiracy and sedition and sentenced with terms ranging from 35 to 105 years in prison. Congress, however, recognizes that the FALN is responsible for "6 deaths and the permanent maiming of dozens of others, including law enforcement officials." Clinton offered clemency, on condition that the prisoners renounce violence seeing as none of the 16 had been convicted of harming anyone and they had already served 19 years in prison. This action was lobbied by ten Nobel Laureates, the Archbishop of Puerto Rico and the Cardinal of New York. The commutation was opposed by U.S. Attorney's Office
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
, the FBI, and the Federal Bureau of Prisons
Federal Bureau of Prisons
The Federal Bureau of Prisons is a federal law enforcement agency subdivision of the United States Department of Justice and is responsible for the administration of the federal prison system. The system also handles prisoners who committed acts considered felonies under the District of Columbia's...
and criticized by many including former victims of FALN terrorist
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
activities and the Fraternal Order of Police
Fraternal Order of Police
The Fraternal Order of Police is an organization of sworn law enforcement officers in the United States. It claims a membership of over 325,000 members organized in 2100 local chapters , organized into local lodges, state lodges, and the national Grand Lodge...
. Hillary Clinton, then campaigning for her first term in the Senate, initially supported the commutation, but later withdrew her support.
Congress condemned this action by President Clinton, with votes of 95-2 in the Senate and 311-41 in the House. The U.S. House Committee on Government Reform
United States House Committee on Government Reform
The Committee on Oversight and Government Reform is a United States House of Representatives committee that has existed in varying forms since 1816....
held an investigation on the matter, but the Justice Department
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
prevented FBI officials from testifying. President Clinton cited executive privilege
Executive privilege
In the United States government, executive privilege is the power claimed by the President of the United States and other members of the executive branch to resist certain subpoenas and other interventions by the legislative and judicial branches of government...
for his refusal to turn over some documents to Congress related to his decision to offer clemency to members of the FALN terrorist group.
Edgar and Vonna Jo Gregory pardons
In March 2000, Bill Clinton pardoned Edgar and Vonna Jo Gregory, owners of the carnivalCarnival
Carnaval is a festive season which occurs immediately before Lent; the main events are usually during February. Carnaval typically involves a public celebration or parade combining some elements of a circus, mask and public street party...
company United Shows International, for charges of bank fraud
Bank fraud
Bank fraud is the use of fraudulent means to obtain money, assets, or other property owned or held by a financial institution, or to obtain money from depositors by fraudulently representing to be a bank or financial institution. In many instances, bank fraud is a criminal offense...
from a 1982 conviction. Although the couple had already been released from prison, the prior conviction prevented them from doing business in certain American states. First Lady
First Lady
First Lady or First Gentlemanis the unofficial title used in some countries for the spouse of an elected head of state.It is not normally used to refer to the spouse or partner of a prime minister; the husband or wife of the British Prime Minister is usually informally referred to as prime...
Hillary Clinton's youngest brother, Tony Rodham
Tony Rodham
Anthony Dean Rodham ) is an American consultant who is the youngest brother of former First Lady and Senator and current Secretary of State Hillary Rodham Clinton.-Early life and education:...
, was an acquaintance of the Gregorys, and had lobbied Clinton on their behalf. In October 2006, the group Judicial Watch
Judicial Watch
Judicial Watch is an organization that describes itself as "a conservative, non-partisan American educational foundation that promotes transparency, accountability and integrity in government, politics and the law." According to its mission statement, Judicial Watch "advocates high standards of...
filed a request with the U.S. Justice Department for an investigation, alleging that Rodham had received $107,000 from the Gregorys for the pardons in the form of loans that were never repaid, as part of a quid pro quo
Quid pro quo
Quid pro quo most often means a more-or-less equal exchange or substitution of goods or services. English speakers often use the term to mean "a favour for a favour" and the phrases with almost identical meaning include: "give and take", "tit for tat", "this for that", and "you scratch my back,...
scheme.
Pardons and commutations signed on President Clinton's final day in office
Republican President Richard NixonRichard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
holds the record by pardoning 204 in one day on December 12, 1972 shortly before his term ended. Clinton issued 140 pardons as well as several commutations on his last day of office, January 20, 2001. When a sentence is commuted, the conviction remains intact, however, the sentence can be altered in a number of ways.
- Peter MacDonaldPeter MacDonald (Navajo leader)Peter MacDonald is a Native American politician and the only four term Chairman of the Navajo Tribe. He was born in Arizona, U.S.A., served the U.S...
had been sentenced to 14 years at a Federal Prison in Texas for fraud, extortion, inciting riots, bribery, and corruption stemming from the Navajo purchase of the Big Boquillas Ranch in Northwestern Arizona. On the day before President Clinton left office, U.S. Rep. Patrick J. KennedyPatrick J. KennedyPatrick Joseph Kennedy II is the former U.S. Representative for , serving from 1995 until 2011. He is a member of the Democratic Party. The district includes all of Bristol County and Newport County, and parts of Providence County. Kennedy did not seek re-election in 2010.A member of the Kennedy...
lobbied the White House to commute the sentence of the former leader of the Navajo NationNavajo NationThe Navajo Nation is a semi-autonomous Native American-governed territory covering , occupying all of northeastern Arizona, the southeastern portion of Utah, and northwestern New Mexico...
. MacDonald's sentence was commuted after he served 10 years. - Carlos A. VignaliCarlos VignaliCarlos Anibal Vignali had his federal prison sentence commuted by President of the United States Bill Clinton just prior to leaving office, as a part of a group of commutations and pardons. At the time, he was serving the 6th of 15 years in prison for organized cocaine trafficking. Carlos Vignali's...
had his sentence for cocaineCocaineCocaine is a crystalline tropane alkaloid that is obtained from the leaves of the coca plant. The name comes from "coca" in addition to the alkaloid suffix -ine, forming cocaine. It is a stimulant of the central nervous system, an appetite suppressant, and a topical anesthetic...
trafficking commuted, after serving 6 of 15 years in federal prison. - Almon Glenn BraswellAlmon Glenn BraswellAlmon Glenn Braswell was an American business owner who founded Gero Vita International Inc. He is most noted for being one of the 140 people pardoned in the Bill Clinton pardons controversy of January 2001.-False treatment for baldness:...
was pardoned of his 1983 mail fraud and perjuryPerjuryPerjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the...
convictions. In 1998 he was under federal investigation for money launderingMoney launderingMoney laundering is the process of disguising illegal sources of money so that it looks like it came from legal sources. The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount...
and tax evasion charges. Braswell and Carlos VignaliCarlos VignaliCarlos Anibal Vignali had his federal prison sentence commuted by President of the United States Bill Clinton just prior to leaving office, as a part of a group of commutations and pardons. At the time, he was serving the 6th of 15 years in prison for organized cocaine trafficking. Carlos Vignali's...
each paid approximately $200,000 to Hillary Clinton's brother, Hugh RodhamHugh RodhamHugh Edwin Rodham ) is an American lawyer, businessman and Democratic Party politician who is the brother of former New York Senator and First Lady and current Secretary of State Hillary Rodham Clinton.- Early life and education :...
, to represent their respective cases for clemency. Hugh Rodham returned the payments after they were disclosed to the public. Braswell would later invoke the Fifth AmendmentFifth Amendment to the United States ConstitutionThe Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
at a Senate Committee hearing in 2001, when questioned about allegations of his having systematically defrauded senior citizens of millions of dollars. - Linda Sue Evans and Susan RosenbergSusan RosenbergSusan Lisa Rosenberg is an American radical political activist, author and advocate for social justice and prisoners' rights. Rosenberg was active in many radical movements of the 1960s and 1970s...
, members of the radical Weather UndergroundWeatherman (organization)Weatherman, known colloquially as the Weathermen and later the Weather Underground Organization , was an American radical left organization. It originated in 1969 as a faction of Students for a Democratic Society composed for the most part of the national office leadership of SDS and their...
organization, both had sentences for weapons and explosives charges commuted: Evans served 16 years of her 40-year sentence, and Rosenberg served 16 of her 58 years. - Marc RichMarc RichMarc Rich is an international commodities trader and entrepreneur. He is best known for founding the commodities company Glencore. He was indicted in the United States on federal charges of illegally making oil deals with Iran during the late 1970s-early 1980s Iran hostage crisis and tax evasion...
, a fugitiveFugitiveA fugitive is a person who is fleeing from custody, whether it be from private slavery, a government arrest, government or non-government questioning, vigilante violence, or outraged private individuals...
who had fled the U.S. during his prosecution, was residing in Switzerland. Rich owed $48 million in taxes and was charged with 51 counts of tax fraud, was pardoned of tax evasionTax evasionTax evasion is the general term for efforts by individuals, corporations, trusts and other entities to evade taxes by illegal means. Tax evasion usually entails taxpayers deliberately misrepresenting or concealing the true state of their affairs to the tax authorities to reduce their tax liability,...
. He was required to pay a 100 million dollar fine and waive any use of the pardon as a defense against any future civil charges that were filed against him in the same case. Critics complained that Denise Rich, his former wife, had made substantial donations to both the Clinton libraryWilliam J. Clinton Presidential Center and ParkThe William J. Clinton Presidential Center and Park is the presidential library of Bill Clinton. The center was established by Clinton, the 42nd President of the United States, is located in Little Rock, Arkansas and includes the Clinton Presidential Library, the offices of the Clinton Foundation,...
and to Mrs. Clinton's senate campaign. According to Paul VolckerPaul VolckerPaul Adolph Volcker, Jr. is an American economist. He was the Chairman of the Federal Reserve under United States Presidents Jimmy Carter and Ronald Reagan from August 1979 to August 1987. He is widely credited with ending the high levels of inflation seen in the United States in the 1970s and...
's independent investigation of Iraqi Oil-for-FoodOil-for-Food ProgrammeThe Oil-for-Food Programme , established by the United Nations in 1995 was established with the stated intent to allow Iraq to sell oil on the world market in exchange for food, medicine, and other humanitarian needs for ordinary Iraqi citizens without allowing Iraq to boost its military...
kickback schemes, Marc Rich was a middleman for several suspect Iraqi oil deals involving over 4 Moilbbl of oil. Longtime Clinton supporters and Democratic leaders such as former President Jimmy CarterJimmy CarterJames Earl "Jimmy" Carter, Jr. is an American politician who served as the 39th President of the United States and was the recipient of the 2002 Nobel Peace Prize, the only U.S. President to have received the Prize after leaving office...
, James CarvilleJames CarvilleChester James Carville, Jr. is an American political consultant, commentator, educator, actor, attorney, media personality, and prominent liberal pundit. Carville gained national attention for his work as the lead strategist of the successful presidential campaign of then-Arkansas governor Bill...
and Terry McAuliffeTerry McAuliffeTerence Richard "Terry" McAuliffe is a longtime leader and political advisor for the United States Democratic Party. He served as chairman of the Democratic National Committee from 2001 to 2005. He served as Co-Chairman of President William Jefferson Clinton's 1996 re-election campaign and also...
, were all critical of the Clinton pardon. Carter said the pardons were "disgraceful." - Susan McDougalSusan McDougalSusan McDougal is one of the few people who served prison time as a result of the Whitewater controversy although fifteen individuals were convicted of various federal charges...
, who had already completed her sentence, was pardoned for her role in the Whitewater scandal. McDougal had served the maximum possible 18 months, including eight in solitary confinement, on contempt charges for refusing to testify about Clinton's role. - Dan RostenkowskiDan RostenkowskiDaniel David "Dan" Rostenkowski was a United States Representative from Illinois, serving from 1959 to 1995. Raised in a blue-collar neighborhood on the Northwest Side of Chicago, Rostenkowski rose to become one of the most powerful legislators in Washington. He was a member of the Democratic Party...
, a former DemocraticDemocratic Party (United States)The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
CongressmanUnited States House of RepresentativesThe United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
from IllinoisIllinoisIllinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
and Chairman of House Ways and Means Committee, was pardoned for his role in the Congressional Post Office scandalCongressional Post Office ScandalThe Congressional Post Office scandal refers to the discovery of corruption among various Congressional Post Office employees and members of the United States House of Representatives, investigated 1991–1995, climaxing in the conviction of House Ways and Means Committee chairman Dan...
. Rostenkowski had served 13 months of a 17-month sentence before being released in 1997. After his release from prison, Clinton granted him a pardon in December of 2000. - Melvin J. ReynoldsMel ReynoldsMelvin Reynolds is a former Democratic member of the United States House of Representatives from Illinois. His political career ended in scandal.-Early life:...
, a Democratic Congressman from Illinois, was convicted of bank fraudBank fraudBank fraud is the use of fraudulent means to obtain money, assets, or other property owned or held by a financial institution, or to obtain money from depositors by fraudulently representing to be a bank or financial institution. In many instances, bank fraud is a criminal offense...
, 12 counts of sexual assaultSexual assaultSexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....
, obstruction of justiceObstruction of justiceThe crime of obstruction of justice, in United States jurisdictions, refers to the crime of interfering with the work of police, investigators, regulatory agencies, prosecutors, or other officials...
, and solicitation of child pornographyChild pornographyChild pornography refers to images or films and, in some cases, writings depicting sexually explicit activities involving a child...
. His sentence was commuted on the bank fraud charge and he was allowed to serve the final months under the auspices of a halfway houseHalfway houseThe purpose of a halfway house, also called a recovery house or sober house, is generally to allow people to begin the process of reintegration with society, while still providing monitoring and support; this is generally believed to reduce the risk of recidivism or relapse when compared to a...
. Reynolds had served his entire sentence on child sex abuse charges before the commutation of the later convictions. - Roger ClintonRoger Clinton, Jr.Roger Cassidy Clinton is an American actor and musician and the half-brother of former President Bill Clinton.Roger Clinton was born in Hot Springs, Arkansas , the son of Virginia Clinton Kelley and Roger M...
, the president's half-brother was pardoned for drug charges after having served the entire sentence more than a decade earlier. Roger Clinton would be charged with drunk driving and disorderly conductDisorderly conductDisorderly conduct is a criminal charge in most jurisdictions in the United States. Typically, disorderly conduct makes it a crime to be drunk in public, to "disturb the peace", or to loiter in certain areas. Many types of unruly conduct may fit the definition of disorderly conduct, as such...
in an unrelated incident within a year of the pardon. He was also briefly alleged to have been utilized in lobbying for the Braswell pardon, among others. However, no wrongdoing was uncovered. - Harvey Weinig, a former Manhattan lawyer who was sentenced in 1996 to 11 years in prison for facilitating an extortion-kidnapping scheme and helping launder at least $19 million for the Cali cocaine cartel.
On February 18, 2001, Bill Clinton wrote a New York Times column defending the 140 pardons.
See also
- List of scandals with "-gate" suffix
- List of people pardoned by Bill Clinton
- List of people pardoned by a United States president
- Clinton, Bill (2005). My Life. New York: Knopf, 2004.
External links
- Justice Undone: Clemency Decision in the Clinton White House, Report of the House Committee on Government Reform
- My Reasons for the Pardons, William Jefferson Clinton, New York Times, February 18, 2001
- "Clinton's Clemency Caper in Context."
- "Last Minute Pardons: Fact and Fiction"