Saturday, January 24, 2009

Context: More on Toussie

Harlan J. Protass, a criminal defense lawyer in New York and an adjunct professor at the Cardozo School of Law has written a piece in the Chicago Tribune on George Bush's pardon - and unpardon - of Isaac Robert Toussie.

Protass takes the position that Toussie's pardon "became effective and irrevocable as soon as it was announced to the world." As a result, "it couldn't be taken back." In reaching this conclusion, he rejects "several long-forgotten Supreme Court cases" and the "ill-conceived and outdated notion" of the necessity of delivery and acceptance of pardons. He also adds that this approach "finds no support in the Constitution or English law traditions." Highlighting a point that we have locked into for some time now, Protass notes that, in the case of posthumous pardons, "delivery and acceptance pose unique problems for someone who is dead." So, the piece calls on Barack Obama to make a "clean break" from Bush and "validate Isaac Toussie's pardon. " See the complete editorial here.

1 comment:

Bob Fertik said...

Let me get this straight: Bush pardons some creep who doesn't deserve a pardon, then discovers his mistake and revokes the pardon. But somehow it's now *Obama's* problem to fix?


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