IV 

111TH CONGRESS 

1ST SESSION H. RES. 9 

Expressing the sense of the House of Representatives that the President 

of the United States should not issue pardons to senior members of 

his administration during the final 90 days of his term of office. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2009 

Mr. NADLER of New York submitted the following resolution; which was 

referred to the Committee on the Judiciary 

RESOLUTION 

Expressing the sense of the House of Representatives that 

the President of the United States should not issue pardons to senior members of his administration during 

the final 90 days of his term of office. 

Whereas Article II, section 2, clause 1, of the Constitution 

of the United States provides that ‘‘[t]he President . . . 

shall have Power to grant Reprieves and Pardons for 

Offences against the United States, except in Cases of 

Impeachment’’; 

Whereas Alexander Hamilton, in Federalist #74, stated, 

‘‘[a]s the sense of responsibility is always strongest, in 

proportion as it is undivided, it may be inferred that a 

single man would be most ready to attend to the force 

of those motives which might plead for a mitigation of 


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•HRES 9 IH 

the rigor of the law, and least apt to yield to considerations which were calculated to shelter a fit object of its 

vengeance’’; 

Whereas the Supreme Court has observed that ‘‘[a] pardon 

reaches both the punishment prescribed for the offence 

and the guilt of the offender; and when the pardon is 

full, it releases the punishment and blots out of existence 

the guilt, so that in the eye of the law the offender is as 

innocent as if he had never committed the offence. If 

granted before conviction, it prevents . . . the penalties 

and disabilities consequent upon conviction from attaching; if granted after conviction, it removes the penalties 

and disabilities, and restores him to all his civil rights; 

it makes him, as it were, a new man, and gives him a 

new credit and capacity.’’ Ex Parte Garland, 71 U.S. (4 

Wall.) 333, 380 (1866); 

Whereas during the Constitutional convention, George Mason 

expressed the concern that a president could abuse his 

pardon power to ‘‘pardon crimes which were advised by 

himself’’ or, before indictment or conviction, ‘‘to stop inquiry and prevent detection’’; 

Whereas James Madison responded to Mason’s concerns by 

stating that ‘‘[i]f the President be connected, in any suspicious manner, with any person, and there be grounds 

[to] believe he will shelter him, the House of Representatives can impeach him; they can remove him if found 

guilty’’; 

Whereas although not constitutionally binding, the Pardon 

Attorney’s regulations governing the granting of presidential pardons states ‘‘[n]o petition for pardon should 

be filed until the expiration of a waiting period of at least 

five years after the date of the release of the petitioner 


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from confinement or, in case no prison sentence was imposed, until the expiration of a period of at least five 

years after the date of the conviction of the petitioner. 

Generally, no petition should be submitted by a person 

who is on probation, parole, or supervised release.’’ 28 

CFR 1.2 (2000); 

Whereas on President George H.W. Bush granted a full, 

complete, and unconditional pardon to Elliott Abrams, 

Duane R. Clarridge, Alan Fiers, Clair George, Robert C. 

McFarlane, and Caspar W. Weinberger for all offenses 

charged, prosecuted, or committed in connection with the 

Iran-Contra Scandal in which he was alleged to have 

been involved; 

Whereas in a press conference on February 22, 2001, President George W. Bush stated, ‘‘Should I decide to grant 

pardons, I will do so in a fair way. I will have the highest 

of high standards’’; 

Whereas investigations by Congressional committees, and 

press reports, raise serious concerns that senior officials 

of the administration of President George W. Bush may 

have committed crimes involving the mistreatment of detainees, the extraordinary rendition of individuals to 

countries known to engage in torture, illegal surveillance 

of United States citizens, unlawful leaks of classified information, obstruction of justice, political interference 

with the conduct of the Justice Department, and other 

illegal acts; 

Whereas President George W. Bush has been urged to grant 

preemptive pardons to senior administration officials who 

might face criminal prosecution for actions taken in the 

course of their official duties; and 


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Whereas pardons issued during the lame duck period of a 

President’s term would not be subject to the judgement 

of the voters; Now, therefore, be it 

1 Resolved, That— 

2 (1) it is the sense of the House of Representa3 tives that the granting of preemptive pardons by the 

4 President to senior officials of his administration for 

5 acts they may have taken in the course of their offi6 cial duties is a dangerous abuse of the pardon 

7 power; 

8 (2) it is the sense of the House of Representa9 tives that the President should not grant preemptive 

10 pardons to senior officials in his administration for 

11 acts they may have taken in the course of their offi12 cial duties; 

13 (3) it is the sense of the House of Representa14 tives that James Madison was correct in his observa15 tion that ‘‘[i]f the President be connected, in any 

16 suspicious manner, with any person, and there be 

17 grounds [to] believe he will shelter him, the House 

18 of Representatives can impeach him; they can re19 move him if found guilty’’; 

20 (4) it is the sense of the House of Representa21 tives that a special investigative commission, or a 

22 Select Committee be tasked with investigating pos23 sible illegal activities by senior officials of the adminVerDate Nov 24 2008 00:13 Jan 08, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\HR9.IH HR9

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1 istration of President George W. Bush, including, if 

2 necessary, any abuse of the President’s pardon 

3 power; and 

4 (5) the next Attorney General of the United 

5 States appoint an independent counsel to inves6 tigate, and, where appropriate, prosecute illegal acts 

7 by senior officials of the administration of President 

8 George W. Bush. 

Æ 


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