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 par-
dons 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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the rigor of the law, and least apt to yield to consider-
ations 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 attach-
ing; 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 in-
quiry and prevent detection’’; 
Whereas James Madison responded to Mason’s concerns by 
stating that ‘‘[i]f the President be connected, in any sus-
picious manner, with any person, and there be grounds 
[to] believe he will shelter him, the House of Representa-
tives can impeach him; they can remove him if found 
guilty’’; 
Whereas although not constitutionally binding, the Pardon 
Attorney’s regulations governing the granting of presi-
dential 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 im-
posed, 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, Presi-
dent 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 de-
tainees, the extraordinary rendition of individuals to 
countries known to engage in torture, illegal surveillance 
of United States citizens, unlawful leaks of classified in-
formation, 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 
Resolved, That— 
(1) it is the sense of the House of Representa-
tives that the granting of preemptive pardons by the 
President to senior officials of his administration for 
acts they may have taken in the course of their offi-
cial duties is a dangerous abuse of the pardon 
power; 
(2) it is the sense of the House of Representa-
tives that the President should not grant preemptive 
pardons to senior officials in his administration for 
acts they may have taken in the course of their offi-
cial duties; 
(3) it is the sense of the House of Representa-
tives that James Madison was correct in his observa-
tion 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 re-
move him if found guilty’’; 
(4) it is the sense of the House of Representa-
tives that a special investigative commission, or a 
Select Committee be tasked with investigating pos-
sible illegal activities by senior officials of the admin-
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istration of President George W. Bush, including, if 
necessary, any abuse of the President’s pardon 
power; and 
(5) the next Attorney General of the United 
States appoint an independent counsel to inves-
tigate, and, where appropriate, prosecute illegal acts 
by senior officials of the administration of President 
George W. Bush. 
Æ 
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