Thursday, June 25, 2009

Pardon Me?

Ex-VP Dick Cheney outraged President Bush didn't grant 'Scooter' Libby full pardon

http://www.nydailynews.com/news/politics/2009/02/16/2009-02-16_exvp_dick_cheney_outraged_president_bush.html

WASHINGTON - In the waning days of the Bush administration, Vice President Dick Cheney launched a last-ditch campaign to persuade his boss to pardon Lewis (Scooter) Libby - and was furious when President George W. Bush wouldn't budge.

Sources close to Cheney told the Daily News the former vice president repeatedly pressed Bush to pardon Libby, arguing his ex-chief of staff and longtime alter ego deserved a full exoneration - even though Bush had already kept Libby out of jail by commuting his 30-month prison sentence.

"He tried to make it happen right up until the very end," one Cheney associate said.
In multiple conversations, both in person and over the telephone, Cheney tried to get Bush to change his mind. Libby was convicted of perjury and obstruction of justice in the federal probe of who leaked covert CIA operative Valerie Plame's identity to the press.

Several sources confirmed Cheney refused to take no for an answer. "He went to the mat and came back and back and back at Bush," a Cheney defender said. "He was still trying the day before Obama was sworn in."

After repeatedly telling Cheney his mind was made up, Bush became so exasperated with Cheney's persistence he told aides he didn't want to discuss the matter any further.
The unsuccessful full-court press left Cheney bitter. "He's furious with Bush," a Cheney source told The News. "He's really angry about it and decided he's going to say what he believes."

He did just that the day after becoming a private citizen. In an interview with The Weekly Standard, Cheney heaped praise on Libby and denounced his conviction. "He was the victim of a serious miscarriage of justice, and I strongly believe that he deserved a presidential pardon," Cheney said. "Obviously, I disagree with President Bush's decision."

The vehemence of Cheney's last-minute onslaught has struck some Bush loyalists as excessive. "At some point you have to accept the decision of the guy who appointed you," one of them said after learning the details. "I think Cheney was over the top."
A Cheney ally disagreed. "He had every right to push it as hard as he wanted," he argued. "Cheney places great store in loyalty and thinks Scooter got a raw deal."
In July 2007, at Cheney's urging, Bush commuted Libby's 30-month prison sentence. But he also said, "I respect the jury's verdict" and noted that his decision "leaves in place a harsh punishment" for the man often described as "Cheney's Cheney." Libby was fined $250,000, and as a convicted felon, he has been disbarred from practicing law and cannot vote.

Rob Saliterman, a spokesman for the former President, said Bush would have no comment. A Cheney spokeswoman could not be reached for comment.

The latest Libby flap has injected fresh strains in a relationship that had become more businesslike than warm in recent years.

Ten days before leaving office, Bush hailed Cheney as "a fabulous vice president."
About the same time, however, an official who has worked closely with both men mused that the relationship "isn't what it was" when Bush tapped Cheney as his running mate in 2000.

"It's been a long, long time since I've heard the President say, 'Run that by the vice president's office.' You used to hear that all the time."

http://content.usatoday.com/communities/theoval/post/2009/02/62953863/1

The Daily News (of New York) -- Cheney pushed Bush to pardon Libby: "In the waning days of the Bush administration, Vice President Dick Cheney launched a last-ditch campaign to persuade his boss to pardon Lewis (Scooter) Libby - and was furious when President George W. Bush wouldn't budge. Sources close to Cheney told the Daily News the former vice president repeatedly pressed Bush to pardon Libby, arguing his ex-chief of staff and longtime alter ego deserved a full exoneration - even though Bush had already kept Libby out of jail by commuting his 30-month prison sentence. ... Libby was convicted of perjury and obstruction of justice in the federal probe of who leaked covert CIA operative Valerie Plame's identity to the press."

http://www.nytimes.com/2009/06/02/books/02kaku.html

http://topics.nytimes.com/top/reference/timestopics/people/l/i_lewis_libby_jr/index.html?inline=nyt-per

"Renegade" was based on the author's day-to-day coverage of the 21 month camaign and a series of interviews with Mr. Obama, who, shortly after a speech about race in Philadelphia, suggested to Mr. Wolffe that he write a White-type book....Mr. Wolffe tells us that since becoming president Mr. Obama has shifted his reading "from nonfiction narratives to dry academic studies" on specific subjects, like the world finanial system or historical analysis of Afghanistan.

He tells us that President George W. Bush told Mr. Obama, during an Inaguration Day limousine ride, that his final days in office were plagued by friends lobbying him for pardons, and that despite Vice President Dick Chaney's pressing for a full pardon for his former chief of staff I. Lewis Libby Jr., Mr. Bush felt, as Mr. Wolffe puts it, that "he had done more than enough for someone convicted of perjury and obstruction of justice after leaking the name of a CIA official."

http://blogs.kansas.com/weblog/2009/01/bush-used-pardon-power-sparingly/

Praise is due former President George W. Bush for commuting the prison sentences of the two former U.S. Border Patrol agents who had shot a Mexican drug smuggler in 2005. Ignacio Ramos and Jose Compean (in photo) should not have tried to cover up their actions, but many Americans have defended the agents for having just done their jobs in the shooting.

Meanwhile, Bush also deserves credit for resisting the temptation to pre-emptively pardon former Attorney General Alberto Gonzales or any other members of his administration relating to torture or other anti-terrorism measures. Nor did he pardon convicted Republican felons such as Ted Stevens or Randy “Duke” Cunningham. In the end, Bush granted 189 pardons and 11 commutations, fewer than half those of Presidents Bill Clinton or Ronald Reagan.

http://articles.latimes.com/2009/jan/28/nation/na-pardons28

By Josh Meyer
January 28, 2009

Reporting from Washington — President George W. Bush, on his last full day in office, formally struck down the petitions for clemency of some high-profile politicians and businessmen, including former lawmakers Randall "Duke" Cunningham, Edwin Edwards and Mario Biaggi and "junk bond" financier Michael Milken, the Justice Department said today.

The chief of the Justice Department's Office of the Pardon Attorney, Ronald Rodgers, confirmed the pardon rejections through a spokeswoman, in response to queries from The Times Washington Bureau.

The Justice Department said Bush also denied petitions for clemency for two men who became highly polarizing symbols of their eras. One of them was John Walker Lindh, the young American serving 20 years in prison for aiding the Taliban in Afghanistan at a time when it was fighting U.S. military forces just after the Sept. 11, 2001 attacks.

Bush also denied one of the longest-standing petitions for clemency, for Leonard Peltier, a Native American activist sentenced to two consecutive terms of life imprisonment for the murder of two FBI agents during a 1975 shootout on the Pine Ridge Indian Reservation. His application had been under consideration since 1993, current and former Justice Department officials said.

Such denials can be a serious setback for those intent on clemency. After a denial a petitioner must wait two years to reapply for a pardon and one year for a commutation of a prison sentence, although they can also circumvent the Justice Department and appeal directly to the White House whenever they want. In some cases, a presidential denial can be a setback in other ways as well, and make it harder politically for the next administration to approve it, according to several current and former administration officials involved in the pardon process.

Bush, who has not spoken publicly about denying the pardons, did not make formal rulings on some other well-known figures, leaving their petitions alive. That long list includes former Illinois Gov. George Ryan; then-Vice President Dick Cheney's chief of staff I. Lewis "Scooter" Libby; Jonathan Pollard, a U.S. Navy man convicted of spying for Israel; media mogul Conrad Black; and telecommunications executives Bernard Ebbers and John Rigas.

Bush also denied clemency last Dec. 23 for Justin Volpe, the New York City police officer convicted of sodomizing Haiti immigrant Abner Louima with a broomstick, Justice Department spokeswoman Laura Sweeney said today.

WASHINGTON - President George W. Bush took the very rare step Wednesday of revoking a pardon he had granted only a day before, after learning in news reports of political contributions to Republicans by the man's father and other information.

Bush pardoned 19 people on Tuesday, including Isaac Robert Toussie of Brooklyn, N.Y., who had been convicted of making false statements to the U.S. Department of Housing and Urban Development and of mail fraud. On Wednesday, the White House issued an extraordinary statement saying the president was reversing his decision in Toussie's case.

White House press secretary Dana Perino said the new decision was "based on information that has subsequently come to light," including on the extent and nature of Toussie's prior criminal offenses. She also said that neither the White House counsel's office nor the president had been aware of a political contribution by Toussie's father that "might create an appearance of impropriety."

Wednesday, June 24, 2009

Sister Ginger to Pardon Attorney

Ronald L Rogers, Pardon Attorney
Department of Justice Suite 11000
1425 New York Ave.NW
January 2009
Washington, DC 20530


Dear Mr. Rogers,

I am writing in behalf of James Dwyer (Case #2008-12-0594) (Prison # 40678050) who has been in the Federal Correctional Institution in Fort Dix or about 40 months and am asking that you pardon Jim from the rest of his time there.

I have known Jim for over twenty-three years .I find the sentence he received to be extraordinary.

Is there any recourse for him? He is not a danger to himself or others. His generosity to so many of us carried little or no response from neither the jury nor the judge.

Someone who lived most of his young adult life and into his older years in the same business,he lived to help others as well as his family.

You probably saw in his portfolio the work in which he assisted several of us Sisters of St. Joseph as we renovated an old rectory in North Philadelphia.

As a board member, his experience and his genuinely fine character, along with a simplicity and humility that God had been so generous to him, he earned the respect of many, many of our people.

We remain today helping women back into society who have been part of the criminal justice system, so much of this is due to Jim Dwyer’s generosity and commitment.

I believe there was a grave injustice in the sentencing of this man. What can we do to help him?

I beg that you do all in your power to pardon Jim and to work toward a commutation of his sentence.

Thank you for all you do in behalf of a weary world, so full of vengeance and violence.

Have a blessed year and may you be safe.


Gratefully,

(Sr)Virginia Jenkins, ssj

President George W. Bush

President George W. Bush

c/o Ronald L. Rogers, Pardon Attorney

Dept. of Justice

1425 New York Ave. NW

Suite 11000

Washington D.C. 20530
Re: James M. Dwyer Case #2008-12-0594

Dear President Bush,

My pleas to you today is on behalf of my friend, Jim Dwyer. I have know this good and honorable man for fifty years and truly believe that he would never do anything dishonest or unethical. His only crime was to put too much faith in the wrong people.

Please find it in your heart to grant a full pardon or commutation of his sentence. This good man has suffered enough, not for his sins, but for the sins of others.

My sincere best wishes to you, Barbara and your family as you leave office.

Respectfully,
Signature
James T. Nutly Jr.

Dear Mr. President

George W. Bush, President
United States of America
c/o Ronald L. Rogers, Pardon Attorney
Department of Justice
1425 New York Ave. N.W.
Suite 11000
Washington D.C. 20530

Re: James M. Dwyer Case No. 2008-12-0594

Dear Mr. President:

I write in support of the application of James M. Dwyer for commutation of his sentence or a pardon. In considering pardon applications, I hope you will have in mind the Hippocratic Oath sworn by physicians – “First, do no harm.”: I believe you will never be sorry if you decide to return Jim Dwyer to society. He served the county of Cape May in New Jersey, in particular, Ocean City well. He was active in community and religious circles. His generosity and social involvement received widespread publicity and were cited as mitigating considerations at his trial. I believe that if you return Jim to society – and to his family and friends – he will give back to the community. He has much to offer.

The principle reason you should pardon Jim Dwyer is compassion. This is the season and the time. I do not know a more devout Christian than Jim. I believe God will forgive Jim. I hope you will, too. But my reason for writing is to emphasize my opinion that your pardon for Jim will do no harm. I might even make you proud.

Sincerely,
Signature
Lewis S. Black, Jr

Dear Mr. President

George W. Bush
President of the United States
C/O Ronald L. Rogers, Pardon Attorney
Department of Justice
1425 New York Avenue N.W.
Suite 11000 Washington, D.C. 20530
Fax: (202) 616-6069

Re: Case #2008-12-0594
James M. Dwyer Federal Prison # 40678050

William E. Kelly, Jr.
20 Columbine Ave.
Browns Mills, N.J. 08015

December 2008

Dear Mr. President,

I have known James M. Dwyer for many years, and despite his current circumstances, I know him to be an honest, forthright and religious man who never intended to defraud or harm anyone.

Having been associated with him in the past in business, community projects and church, I wholeheartedly support his legal appeals and petitions and would have no qualms about renewing our associations, engaging in business or working on projects together again.

Besides honestly building up his business through hard work over the course of decades, he also served on hospital boards, was appointed to the South Jersey Transportation Authority by Governor Christie Whitman, and supported numerous church related projects and activities.

Jim could have acknowledged wrongdoing, pleaded guilty and received a two or three year sentence that would have been served by now, but he believed the system would exonerate him and his reputation. It still can.

I also entrust my faith in his ability to remunerate those to whom he is in debt, especially his family, friends and business associates, but his ability to make remunerations is dependent upon being free to work in society once again.

All I ask is that James M. Dwyer’s petition for a pardon and commutation of his sentence be given serious consideration.

Thank you,

William Kelly

Hon. George W. Bush

Hon. George W. Bush, President 500 Bay Ave. Ocean City, N.J.
United States of America December 26, 2008
c/o Ronald L. Rogers, Pardon Attorney
Department of Justice
1425 New York Ave. N.W.
Suite 11000
Washington D.C. 20530

Re: James M. Dwyer – Case #2008-12-0594

Dear President Bush:

I am writing this letter to request that you commute the prison sentence of James Michael Dwyer who is presently incarcerated at Fort Dix Federal Correctional Institution.

I write as a friend and past public official in Ocean City, N.J. During the time I served as Mayor of Ocean City (1992-2006) Mr. Dwyer saved several historic buildings in our city and restored them to viable properties. He received a prestigious award from the Press of Atlantic City for his many charitable and civic contributions, and he was respected in our community for his good works.

Jim Dwyer is a staunch Republican who once had breakfast with your father at a fund raiser. He supported many other Republican candidates in Ocean City, Cape May County, in the State of New Jersey, and in Congressional and Presidential campaigns.

Jim Dwyer was convicted in a court of law, so I am not asking for a pardon. However, he was never accused of violence or causing personal harm to anyone. His sentence was extremely severe, and many people who are guilty of violent crimes have been treated less harshly. He is in his fourth year at Fort Dix, and his imprisonment has wrought havoc on his family.

James M. Dwyer is a devout Christian, a good family man, a life-long Republican and a fine friend. I hope you can find it in your heart to commute his sentence and send him home to his family. Thank you for your consideration.

Sincerely,
Signature
Henry S. N

Dear Mr. President

President George W. Bush
c/o Ronald L. Rogers, Pardon Attorney
Dept. of Justice
1425 New York Ave. NW
Suite 11000
Washington D.C. 20530

Re: James M. Dwyer Case #2008-12-0594

Dear President Bush,

My pleas to you today is on behalf of my friend, Jim Dwyer. I have know this good and honorable man for fifty years and truly believe that he would never do anything dishonest or unethical. His only crime was to put too much faith in the wrong people.

Please find it in your heart to grant a full pardon or commutation of his sentence. This good man has suffered enough, not for his sins, but for the sins of others.

My sincere best wishes to you, Barbara and your family as you leave office.

Respectfully,
Signature
James T. Nutly Jr.

Dear President

January 13, 2009

George W. Bush, President of the United States
c/o Ronald L. Rogers, Pardon Attorney
Department of Justice
1425 New York Avenue, N.W.
Suite 11000 Washington, D.C. 20530

RE: James M. Dwyer Case # 2008-12-0594

Dear President Bush:

Thank you for having given up eight years of your life to help all Americans and our country. Thank you for the actions you took and the attitude you showed the international community that dissuaded terrorist to dare attack American soil again.

I am writing to ask for a very special favor. I have never, in 63 years, asked anybody for anything. During my college years from 1963 through 1967, I voluntarily joined the Army ROTC program at the height of the Vietnam War, because I felt it was ther igth thing to do for my country.

During my two years of active duty, I was assigned to the 101st Airborne Division, and ended up playing baseball for the Army for my first year, at a time when the Division was sent en masse to Vietnam. I volunteered to join them in Vietnam for my second year of service to my country. I knew in my heart this was the right thing to do.

I am writing to you to ask for a pardon for James M. Dwyer for the same reason, in my heart he has been falsely imprisoned for the last 42 months, and for the first time in my life I am asking my country for a favor, please pardon Jimmy Dwyer and allow him to pick up the pieces of a broken life that always gravitated around family. Family is the most important thing in his life and they need him back home.

Jim may be the kindest, most giving man I have ever known. He was my business mentor, and his most important business were determined after consultation with the Lord through prayer. He taught me in my professional life, not to let the rigors of the “deal”, ever take precedence over family and my faith.

President Bush, I implore you to grant Mr. Dwyer the freedom that I fought for in the A Shau Valley, at Hamburger Hill, and throughout my twelve month tour of duty in the Republic of Vietnam.

Respectfully and thankfully,
Signature
Paul J. Callahan

Christie

Christie

http://www.google.com/hostednews/ap/article/ALeqM5gm5etrFKUvz03H6yqMzYwYPUkxvQD9918AD00

By ANGELA DELLI SANTI

TRENTON, N.J. (AP) — The Republican candidate for governor in New Jersey will tell a congressional subcommittee about white-collar crime settlements he approved as a federal prosecutor, including a deal potentially worth $52 million to his one-time boss, former U.S. Attorney John Ashcroft.

Chris Christie is to testify before the House panel in Washington on Thursday, one of seven witnesses being called in an ongoing investigation into deferred prosecution agreements.

The deals allow companies accused of crimes to avoid trials by agreeing pay fines, change their practices and submit to federal oversight. Monitors are paid millions to oversee the deals.

The number of agreements ballooned during George W. Bush's presidency, but fell back last year following increased scrutiny about whether the deferrals provide a break to corporate wrongdoers.

Appearing before the House Judiciary Committee in May, U.S. Attorney General Eric Holder defended the use of deferrals in cases where taking a company to trial would unduly punish shareholders or employees. He said the deals are struck within Justice Department guidelines, and that he would investigate concerns over monitor selection and compensation.

As New Jersey's top federal prosecutor, Christie approved seven such deals, but put deferred prosecutions on the national radar with the one involving Ashcroft.
Ashcroft's consulting firm stood to make $28 million to $52 million or more for 18 months of work monitoring a hip and knee replacement manufacturer accused of giving kickbacks to doctors. The contract, paid by the accused, Zimmer Holdings Inc., allowed Ashcroft's firm to bill monthly fees and expenses of $1.5 million to $2.9 million or more, including a base of $750,000, according to documents provided to congressional investigators.

During a contentious Congressional hearing last year, Ashcroft denied there was anything improper about the deal. Christie also has denied any conflicts.
The day before the hearing, the Justice Department announced revised guidelines that require monitors to be chosen by a committee and approved by a senior official in Washington rather than by a U.S. attorney in the field.

Another Christie deal led to additional reform.
The department announced last year that out-of-court settlement defendants could not be required to donate to a random charity, school or hospital. The guideline was in response to a requirement from Christie's office that Bristol-Myers Squibb endow a chair in business ethics at Seton Hall Law School, Christie's alma mater, as part of a 2006 agreement to avoid prosecution.

Democrats have criticized deferred prosecutions for being secret and lacking accountability. Reps. Frank Pallone and Bill Pascrell of New Jersey and Steve Cohen of Tennessee introduced legislation in April that would require federal judges to approve monitoring contracts and disclose terms of the deals.

The issue has spilled into the New Jersey governor's race, where Christie leads Gov. Jon S. Corzine in early polls. Democrats have tried to use the agreements to tarnish Christie's reputation as a corruption-buster.


http://www.philly.com/philly/wires/ap/news/state/new_jersey/20090624_ap_christiesdeferredprosecutionsinnj.html

New Jersey GOP gubernatorial candidate Chris Christie approved seven deferred prosecution agreements while U.S. Attorney for New Jersey. Here is a synopsis of the deals, which critics have questioned and Christie will testify about Thursday in Washington:

, John Ashcroft. Christie's former U.S. Justice Department boss made $28 million to $52 million or more in 18 months for monitoring Zimmer Holdings, one of five medical device manufacturers accused of giving kickbacks to surgeons for using their replacement hips and knees.
, David Kelley. A former U.S. attorney in Manhattan, Kelley investigated a stock fraud case involving Christie's younger brother, Todd, but declined to prosecute him. Kelley was later picked to monitor Biomet Orthopedics Inc., another of the medical device makers.
, Bristol-Myers Squibb. A $300 million fraud settlement Christie negotiated with the New York company included a provision that Bristol-Myers endow a professorship at Seton Hall Law School, his alma mater. The U.S. Justice Department subsequently issued guidelines barring such requirements as part of out-of-court corporate crime settlements.
, David Samson. The former Republican attorney general and party fundraiser was a monitor of medical device maker Smith & Nephew Inc. His firm is now on Christie's payroll for legal work: the candidate's pre-election finance report last month listed expenditures of $9,439.40 in legal fees/rent and $18,439.40 still owed to Wolff & Samson of West Orange.
, Herbert Stern. Christie mentor got $10 million contract to monitor University of Medicine and Dentistry of New Jersey, accused of double-billing for services covered by Medicare. Christie close friend and fundraiser John Inglesino, a partner in Stern's law firm, was paid $325 per hour for his work as counsel on the monitorship. Stern, Inglesino, another partner and their wives later gave $23,800 in donations to Christie's campaign for governor. The donations were matched, 2-1, under New Jersey's campaign finance laws, bringing the total amount to $71,400.
, Debra Wong Yang. Like Kelley, Yang, a former U.S. attorney in Los Angeles, is a former Christie colleague. The Republican-connected prosecutor and Gibson, Dunn & Crutcher partner, who had ties to former Attorney General Alberto Gonzales, was chosen to monitor Deputy Orthopaedics Inc.
, John Carley. A former Cendant Corp. vice president and Federal Trade Commission lawyer under President Reagan, Carley was on Sen. John McCain's 2008 New York fundraising team. He oversaw a nonprosecution agreement involving Stryker Orthopedics.