Pardon the Interruption, But This Should Be a Campaign Issue

By Jeffrey Breinholt

Here's a novel idea for people who follow counterterrorism: let's have the mainstream media ask the current presidential candidates to commit that they will not pardon anyone who has been convicted of killing an American, where their guilt is beyond dispute. This may seem like a no-brainer, but it may be necessary to provide clarity and to raise an issue that rarely gets discussed in presidential politics.

The pardon authority is political, and both parties have been guilty of excesses. Bush I did it with Casper Weinberger, Oliver North and others, one Christmas Eve in the early 1990s (and I recognize that these particular pardon recipients do not fit within my parameters, since their acts did not kill any Americans - though selling arms to Iran was pretty obnoxious). Pardon decisions are often soft-headed, and involve paid advocates, promises, polling, and Powerpoint presentations. The authority is generally exercised by presidents when they reach the point of political unaccountability, like Bill Clinton circa 2001.

Why now? More than ever, we live in a time of politico-religious violence, and we need more certainty than we might have previously demanded. If you think that no president would consider pardoning terrorists, consider the good op-ed written by 9/11 survivor Debra Burlingame.

Let me put my cards on the table: I want a new president who is on record saying he/she will not Free Mumia, nor emancipate Leonard Peltier, or any other left-wing hero who might be mentioned in an acceptance speech in tonight's Oscar Awards. If a Republican is elected, he should not use Castro’s retirement to score points with with anti-Castro violent criminals in our prisons. (For the record, I would also rather not see Scooter Libby un-felonized. Same with Jonathan Pollard.)

Critics of my idea might say that the Executive Branch needs unfettered authority to deal with other countries on the issue of political prisoners. That's fine. However, it's high time that we assess costs, in advance, for giving pardons to "political" prisoners. If their incarceration is political, let's treat it as such and seek a commitment from the current candidates on their plans, so the American voting public act accordingly.

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