We're all breathlessly awaiting the announcement of Rove's indictment, and the pages of DailyKos are rightfully filling up with analysis, forecasts, and unbridled glee.
That glee is tempered by the realization that Herr Karl will of course be pardoned by the criminal in the Oval Office. Yes, the GOP will be damaged no matter what (again!! Who ARE these guys, Rasputin?), but let's face it, every one of us would like to see the perp walk we've been fantasizing about since Shock&Awe(TM).
Well fellow Kossacks, there just might be a way.
Some guy named James Madison wrote about it in this little jotting called the US Constitution.
Follow me for the grand prize...
From Article 2, Section 2
The President shall be Commander in Chief of the Army and Navy of the United States,... and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
My reading of this passage means one of two things:
1) He cannot pardon any elected official under impeachment proceedings (wouldn't that make Ford's pardon of Nixon unconstitutional? Impeachment proceedings had begun in the House as of 8/6/74, no?)
2) He cannot pardon anybody if he himself is under impeachment.
I'm hoping the second reading is the more accurate, because that pulls the trump card right out of the deck.
But either way, impeachment is the magic bullet to make the whole crime cartel accountable.
Impeaching Darth Cheney first makes him unpardonable, if reading #1 is correct. Likewise Condi or Hastert pardoning Shrub after the fact would be unconstitutional (again, the Ford thing...)
But the second reading is the grand prize.
Nobody has a get out of jail free card then.
OK, now all you reality-based scholars tell me why I'm wrong.
And while your at it, here's another question: Judges are impeachable, though not publicly elected. They are confirmed by the Senate. Just like cabinet officials.
Is it possible to impeach cabinet officials, to make them unpardonable?
Hat tip to my foot itches who jogged my memory with this diary.
My further thoughts on strategic value of impeachment are here.
But I can't hold a candle to Kagro X