One of the fasinating stories of this transistion period (for me at least) has been the speculation over last minute Bush pardons. We now know that Bush issued only two commutations; to border guards Ignacio Ramos and Jose Campean.
There was no pardon for Scooter Libby. No blanket pardons for the scores of criminally liable cronies from his administration. It was in a way, one last act of hubris. By failing to issue any pardons George Bush essentially daring the Obama administration to prosecute crimes committed over the last eight years.
But this diary is not about prosecutions, there will be numberous diaries written on Daily Kos and other political blogs over the next few days and weeks aobut possible prosecutions. No, this diary is about mercy, and symbolism. Because I think President Obama (damn that sounds good) could make a sweeping statement with one simple act, the pardon that George Walker Bush should have made...
I'm talking about John Walker LIndh.
As you all recall, John Walker Lindh was captured on a battlefield in the early days of the invasion of Afghanistan. He was charged with multiple crinimal counts which would have resulted in a life sentence. Lindh was offered and accepted a plea bargain which resulted in a very harsh sentence, 20 years in federal prison. That was in July 2002. He has already served 6 and 1/2 years. He will not be eligable for release until he serves 17 years.
There certainly is a case to be made for at least the commutation of Lindh's sentence. He was a very young man when he was captured. Then there is the question of his treatment post-capture. Lindh's lawyers made it clear that the Lindh's treatment following his capture would be an issue at trial. There was a lot of speculation at the time that the plea bargin was offered in order to prevent testimony by Lindh, and possibly by other detainees about his treatment and possible torture at the hands by the military and the CIA.
And then there is the case of David Hicks. Hicks, you may recall, was an Austrailian who was also captured in Afghanistan and sent to Gitmo. Hicks admitted voluntarily joining and training with Al Qeada. Hicks also entered into a plea bargain. Hicks pled guilty to a single charge of providing material support to a terrorist organization. Hicks agreed to a seven year sentecnce, but has already been held for over six years, so he got credit for the time served at Gitmo. Hicks served an additional nine months in an Austrailian prison, and was release in December 2007.
A commutation of the remainder of Lindh's sentence would be equitable, given Hicks sentence. Moreover, it would be a singular act of mercy and reconcilliation that would be a precursor to closing Gitmo. And it would be the right thing to do.