When Bush pardons himself

The Bush administration did not have an exit strategy for Iraq, but you can bet they have one for themselves. With the nation distracted by the election, few are discussing what steps Bush might take before leaving the White House for avoiding the Big House. Or what secret, pre-planning is likely going on as we speak to address that.

We all expect a flurry of preemptive presidential pardons for Bush’s pals before he leaves office. But unless there is a Republican following him in the White House, who pardons Bush?
“He couldn’t pardon himself,” my wife said yesterday.

“We’re talking about George W. Bush,” I replied. Who would have foreseen a president voiding habeas corpus, authorizing torture or any of his other offenses?

Sure, there would be a firestorm of criticism, but if it is between public opinion or George doing time, has he ever cared what we think? They have already granted themselves retroactive immunity for past war crimes in the Military Commissions Act.

With our president’s history, it would not surprise me for Bush to pardon himself. Barring impeachment, the constitution does not forbid it. At worst, Bush might worry that someone will challenge it before the Supreme Court -- the Roberts Supreme Court.

Irony Lives

Who says we're living in the post-ironic era? Irony is alive and well and enjoys a lifetime appointment to the U.S. Supreme Court. We're living in "a new constitutional era," the post-Supremes era. Sadly, the Sub-premes won't be one hit wonders.

What to say about this week's Court decisions? Luckily, Stanford Law Professor Pam Karlan said it all today for The American Constitution Society, commenting on the Roberts Court:

[T]his term we saw the Court announce the first amendment applies to corporations, in the Wisconsin Right to Life case, but not to students, in the Bong Hits 4 Jesus case. We saw the court announce that we should be deferential to state trial judges in criminal cases but not to democratically-elected local school boards in the schools cases. So if this is the birth of a new constitutional era, all I say is what an ugly baby.

Johnny, you're doing a heck of a job.

[h/t Crooks and Liars]