Monday, November 24, 2008

Post: "Scholars" Disagree?

Recently, Andrew Napolitano, a "Senior Judicial Analyst" for Fox News, said George W. Bush could not issue a blanket pardon to everyone who may have engaged in extreme interrogation techniques. Why? Napolitano said, "You've got to name them. You can't pardon somebody without saying who it is." The source of this insight? Nothing. No case. No authority. No legal document or legislation (modern or ancient).

Now comes this generic pardon article, from the Washington Post which says, among other things:

President Abraham Lincoln bestowed such blanket amnesty on soldiers who took part in the Civil War, and President Jimmy Carter took similar action for people who resisted fighting in the Vietnam War between 1964 and 1973. But scholars disagree about whether the current president could preemptively pardon members of the intelligence community without naming them and specifying the conduct for which they would receive amnesty.
PardonPower is quite interested in knowing where all the scholarly debate is on this point. Indeed, if anyone knows any scholar anywhere that takes Napolitano's position, please contact us!

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