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Bush withdraws 1 of 19 pardons he issued Tuesday
(Agencies)
Updated: 2008-12-25 14:28 WASHINGTON -- President George W. Bush on Wednesday revoked a pardon he had granted only a day before, a step unheard of in recent memory, after learning in news reports of political contributions to Republicans by the man's father and other information.
Bush pardoned 19 people on Tuesday, including Isaac Robert Toussie of Brooklyn, N.Y., who had been convicted of making false statements to the US Department of Housing and Urban Development and of mail fraud. On Wednesday, the White House issued an extraordinary statement saying the president was reversing his decision in Toussie's case. White House press secretary Dana Perino said the new decision was "based on information that has subsequently come to light," including on the extent and nature of Toussie's prior criminal offenses. She also said that neither the White House counsel's office nor the president had been aware of a political contribution by Toussie's father that "might create an appearance of impropriety." "Given that, this was the prudent thing to do," she said. The new information came to the White House's attention from news reports, she added. A story in the New York Daily News said Toussie's father, Robert, donated $28,500 to the national Republican Party in April. It came just months before Toussie's pardon petition, the newspaper said. The counsel's office generally doesn't include vetting of political contributions in its reviews on such matters, as that would be "highly inappropriate on many levels," she said. The White House decision on Toussie had come without a recommendation from the pardon attorney, Ronald L. Rodgers, as Toussie's request for a pardon came less than five years after completion of his sentence, so that eliminated another step in the review process. The Justice Department advises the president on who qualifies for pardons. Only people who have waited five years after their conviction or release from prison can apply for a pardon under the department's guidelines. Criminals are required to begin serving time, or otherwise exhaust any appeals, before they can be considered for sentence commutation. But the president can forgive people outside that process if he chooses. Under the Constitution, the president's power to issue pardons is absolute and cannot be overruled, meaning he can forgive anyone he wants, at any time. Perino said she did not know of another instance of a pardon reversal in "recent memory," but that the White House couldn't say for sure it never had happened before. "The counsel to the president reviewed the application and believed, based on the information known to him at the time, that it was a meritorious application," she said. Bush now believes the case should rest with the pardon attorney. The Daily News story on Wednesday, and another in Newsday and on blogs, shed light on Toussie's record. He pleaded guilty for lying to HUD and mail fraud, admitting that he falsified finances of prospective homebuyers seeking HUD mortgages. He was sentenced to five months in prison and five months' house arrest, a $10,000 fine and no restitution, the Daily News reported. In another case, Toussie pleaded guilty to having a friend send his local county a letter that falsely inflated property values. The Daily News also located a lawyer representing hundreds of ex-customers who have sued Toussie in federal court, accusing him of luring poor, minority homebuyers into buying overpriced homes with mortgages that had hidden costs. The attorney, Peter E. Seidman, said Wednesday that news of the pardon was "gut wrenching for his clients" and left him "baffled." "I am glad somebody at the White House woke up," he said in an interview. Maxine D. Wilson, 42, bought one of Toussie's homes on Long Island in 1996. She later sued Toussie, claiming the house started to fall apart after she moved in in 1997. She said she was shocked when she learned Bush was going to pardon Toussie. "I was angry at how money, power and influence seemed to trump justice," she said. But on Wednesday, she said, "I feel today that somebody paid attention. Somebody stepped back and made us feel equal." |
