I remember when I first heard about Mark Rich’s pardon during the final days of Clinton’s Presidency, one of the most successful Presidencies in recent U.S. history. I wasn’t really sure what the hoopla was all about, so I just attributed it to the normal Clinton basher’s frustrations. The mere fact that he was breathing was troublesome to many.
However, much to my surprise, it has now become an issue again, since the nomination of Eric Holder for the Attorney General’s post. So I revisited the issue to see if I had miss something.
Here is what I found during my research (below the fold.)My findings suggests that it is indeed a Much Ado about Nothing, but please draw your own conclusion.
I am merely reporting what I found. If any of you have a different knowledge/information, please let me know, and I would be happy to correct myself.
• In 1983 Mark Rich and partner Pincus Green were indicted by U.S. Attorney Rudolph Giuliani on charges of tax evasion and illegal trading with Iran.
• Mark Rich was convicted of Tax evasion, only.
The illegal trading related charges were a no go for the conviction. Although, he did trade oil, which was the business (commodities trading) his company was in, with the Iranians during the hostage crises. Unfortunately morality can’t be legislated.
• Yes, he was a fugitive and so he was on the FBI’s most wanted list.
Interestingly enough, he never fled the country (USA) because he was indicted while he was in Switzerland, so he just never came back after learning of his indictment. I might have done the same thing, if I had that kind of resources (remember morality can’t be legislated).
• Only if it wasn’t for the hubris of Rudy (I am the Mayor 9/11 and why isn’t everybody talking about 9/11, darnit) we wouldn’t be talking about this right now.
Another prosecutor might have waited for Mark Rich to come back to the U.S. and then get an indictment and made an immediate arrest, just a thought.
• Actual pardon and its support:
Marc Rich, was pardoned of tax evasion, after clemency pleas from Israeli prime minister Ehud Barak, among many other international luminaries, including King of Spain, Juan Carlos I.
• Federal Prosecutor Mary Jo White was appointed to investigate. She stepped down before the investigation was finished and was replaced by James Comey. Though Comey was critical of Clinton's pardons, he could not find any grounds on which to indict him.
• Did Bill Clinton cheated U.S. tax payers of potentially millions of dollars worth of fines by letting Mark Rich off the hook, or deprived any U.S. civilian by blocking any potential future civil charges against Mark Rich? No and No.
Mark Rich was required to pay a $100 million dollar fine and waive any use of the pardon as a defense against any future civil charges that were filed against him in the same case.
• How did Bubba explain his decision to pardon Mark Rich?
In his letter to the NY Times, he noted that U.S. tax professors Bernard Wolfman of Harvard Law School and Martin Ginsburg of Georgetown University Law Center concluded that no crime was committed, and that the companies' tax reporting position was reasonable.
• So what was the real criticism?
Many Clinton bashers complained that Denise Rich, his former wife, had made substantial donations to the Clinton library and to Mrs. Clinton's senate campaign, essentially buying Mark Rich’s pardon.
• However, emails uncovered during the course of the investigation revealed that her (Denise Rich) final donation was provided a year before Scooter Libby, Marc Rich’s lawyer, requested that she approach Clinton for a pardon.
So let me ask you, how bad Mark Rich’s pardon really was?
But before you answer this, I would like you to compare another round of pardoning. How about George H.W. Bush’s pardon of the Iran Contra’s figures. Surely, that was worst than any tax evasion crime, no?
Granted, any pardon can be consider as a bad pardon. A valid argument can be made that presidents shouldn’t be allowed to pardon anyone other than the lucky bird for Thanksgiving. It certainly favors the connected ones, only. Unfortunately, this isn’t the case. Every president has granted pardons. My point is that singling out Mark Rich’s to be the sleaziest just isn’t fair.
Not to make light of illegal trading with Iran. There are many interesting article about this subject, below is a link and quoted text of one of them. This article tells us how U.S. authorities look the other way when dealing with trading with Iran; because it is good for the lobbyists and their clients.
http://www.iht.com/...
"WASHINGTON: U.S. exports to Iran - including brassieres, bull semen, cosmetics and possibly even weapons - grew more than tenfold during President Bush's years in office even as he accused Iran of nuclear ambitions and helping terrorists. America sent more cigarettes to Iran, at least $158 million worth under Bush, than any other products." Internation Herald Tribune
Anyway, that is just my opinion, what is yours