What to do about the Libby commutation

Well, Bush did it, he gave Libby a nearly-get-out-jail-free card, and may get a full pardon eventually. People are rightly very pissed all over the place, and now talk is focusing on what to do. Outside of extra-legal options, what can be done is pretty limited, by the letter of the law is pretty clear, even when the spirit has been violated five ways from Friday. Digby has put forward the idea of impeachment for very good reasons, others are not so hot on that course of action for other very good reasons. I want to suggest an alternate way, not a third way, but a different line of attack to this travesty.

The founders managed to understand that their document was not perfect, which is a lot better than the majority of people trying to lead a country, past or present. To allow mistakes in the constitution to be fixed, to allow holes to be filled. Well we've found a big gaping hole in the constitution, and it's time to apply some Spackle. Yes, I'm saying we should amend the constitution, not a major change, but a tweak that would go a long way to fixing the problem.

The 28th amendment would "currently" read (I just know there is going to be feedback on this one so it will almost surely change).


The President and Vice President do not have the power to Grant Reprieves and Pardons for Offenses against the United States to members of the Executive Elected and Appointed during their terms of office as either the President or Vice President.


There are two questions that need to be answered with this leap. Is it needed? and is it a good Amendment from a historical point?

The first question, is it needed? my personal short answer is of course yes, but here are the reasons why. First, this abuse of the constitution has been used before, anyone remember Nixon? I'd like to say that it was a healing thing but it seems like so many of the same people found their way back into the current administration this time around. Finally, of course, who can forget Ollie North, the poster child for the "break the law for us and we will get you off scott free" system of Republican governance.

The second reason why this is needed comes from my department of scary precog; I give better than a 50% chance of the happening. Step 1) On the last day of the Bush presidency, after the democratic party wins the House, has +60 seats in the Senate, and the White House (I can dream, can't I), president Bush gives blanket pardons to many of his appointed people and Dick Cheney. Step 2) Bush resigns as president, and as the new President (winded from a two month spree of shredding every document in sight), Dick Cheney pardons George Bush Jr. and spends the shortest presidency on record, less than 24 hours, laughing at the rest of us, with the entire corrupt orginization free as a bird to try it in another 20 years.

I'm getting a low probability message from the department of scary precog, a 1-10% chance of Bush launching a nuclear strike on Iran on the last day, kind of a step zero. I'd like to say he wasn't that stupid, but I been REALLY wrong before, and he does like those nukes.

I'd like to say that they have never thought of it, but that just isn't the case.

I'll talk about why this is a good amendment tomorrow, on July 4th no less.