Corzine's Last Acts and Christie's Inauguration

Today marks the end of the road for Governor Jon Corzine. Before he left office, he granted several pardons, but the big news is that he signed the medical marijuana bill into law that makes New Jersey the 14th state to legalize the use under strict circumstances. The medical marijuana law is effective in six months.

The marijuana bill (S119) is expected to take effect in six months. Only patients with specific illnesses would be permitted to get a prescription: cancer, glaucoma, multiple sclerosis, HIV/AIDS, seizure disorder, amyotrophic lateral sclerosis (also known as Lou Gherig’s disease), severe muscle spasms, muscular dystrophy, inflammatory bowel disease, Crohn’s disease and any terminal illness if a doctor has determined the patient will die within a year.

The law allows the state health department to include other illnesses when it writes rules implementing it.

The law has other restrictions, such as forbidding people from growing their own marijuana, ensuring it is dispensed through licensed “alternate treatment centers,” and requiring designated caretakers who retrieve the drug on behalf of someone severely ill to undergo criminal background checks.

While some people think that the bill sends the wrong message to children, I think that the medicinal benefits outweigh the problems. Under controlled circumstances, marijuana appears to have medicinal value and can help patients suffering from a range of ailments. It's about moderation and the law balances the medicinal benefits while preventing the drugs from falling into the wrong hands.

Speaking of moderation, New Jersey will also now require chain restaurants to post calorie counts on their menus, even as other reports indicate that the calorie counts may be off by up to 20% and still be acceptable. For a restaurant like Harold's (which isn't a chain and wouldn't be required to post the calorie counts),  the law will have no effect. Then again, one of the reasons that people go to Harold's is to attempt to polish off a  platter or portion that can provide a week's worth of caloric intake. The calorie content in such a case would be to see how much you can eat in a sitting.

While the nanny staters think that such things will help reduce obesity and force change from the top down, the single best way to reduce the waistlines of Americans is for individuals to engage in portion control. They don't have to polish off their plates; and the plates themselves can be smaller. Switching to a slightly smaller plate can reduce caloric intake without any extra effort on the part of the individual. Yet, restaurants are obliged to provide heaping portions because it's about the perceived value of the meals and not the health benefits of (or problems with)  those meals.

So, with that in mind, Republican Chris Christie takes office today and faces  a monstrous deficit and budget problems that are bigger than those of many other states. The state pension obligations are a ticking time bomb, education spending remains out of control and the tax burden continues chasing individuals and businesses out of the state leaving an ever smaller tax base on which a greater tax burden is heaped. These are not inconsequential problems and the legislature isn't likely to give Christie much leeway in trying to deal with these massive issues.

Last Minute Reprieves

President Bush has been extremely reluctant to issue pardons or commutations of sentences during his eight years in office. He has issued far fewer than his two predecessors who served two terms, Bill Clinton or Ronald Reagan.

Two men have received commutations of sentence today. Ignacio Ramos and Jose Compean.

Bush's act of clemency on Monday for Ignacio Ramos and Jose Compean was a victory for Democratic and Republican members of Congress and others who pleaded with the president to pardon the men or at least commute their sentences.

Ramos and Compean are each serving sentences of more than 10 years for shooting an unarmed illegal immigrant as he was fleeing an abandoned marijuana load in 2005, then trying to cover it up.

However, expect that several more will be announced in coming hours as he leaves office.

This list isn't particularly useful since I doubt any of those on the list would be pardoned. There is little reason to commute or pardon criminals such as Randy Cunningham, Ted Stevens or other Republicans. Bush has little to gain by issuing pardons to those men whose criminal conduct helped sweep Democrats to power with claims that the GOP was part and parcel of a culture of corruption. Never mind that there's plenty of Democrats who fit the bill, but the smear stuck.

Don't count on former Illinois Governor George Ryan getting pardoned either, despite Democrats lobbying on his behalf.

The same goes for the traitor Jonathan Pollard.

Wonkette has a satirical laundry list of possibilities, which happen to largely match the more legitimate lists above.

UPDATE 1/20/2009:
No more pardons or commutations of sentences. There will be no reprieves for Scooter Libby, Ryan, Pollard, or anyone else associated with the Bush Administration. This is fully in keeping with Bush's view on the pardon power. He certainly wasn't going to use it on individuals who hadn't even been indicted for a crime, which means all the chatter about how Bush would pardon anyone involved in interrogations of terrorists or other unpopular policy decisions was just so much useless blather.

Compean and Ramos are the last two men to have their sentences commuted.

President Bush Rescinds Pardon

Yesterday, President Bush issued 19 pardons, including one to Isaac R. Toussie. President Bush rescinded the pardon to Toussie, claiming that since yesterday additional information came to light that forced a change of plans:

With respect to the case of Mr. Isaac R. Toussie, 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. He so advised the President, who accepted the recommendation.

Based on information that has subsequently come to light, the President has directed the Pardon Attorney not to execute and deliver a Grant of Clemency to Mr. Toussie. The Pardon Attorney has not provided a recommendation on Mr. Toussie's case because it was filed less than five years from completion of his sentence. The President believes that the Pardon Attorney should have an opportunity to review this case before a decision on clemency is made.

So, what exactly did Toussie do that earned him a prison sentence? He was a real estate scammer in New York City who entered a guilty plea in 2001 to making false statements to get mortgages insured by the federal Department of Housing and Urban Development.

He sold poorly constructed new homes at inflated prices.

Why did President Bush take the extraordinary step of rescinding the pardon (which to my knowledge has never been done before)? Well, seems that Toussie's father had donated $28,500 to the GOP, and Bush didn't want to have the appearance of impropriety.

I think the Office of Pardon Attorney did the President a grave disservice by failing to conduct due diligence to not turn up Toussie's less than stellar record, including additional criminal activities beyond those for which the pardon was sought. This was not a man who should have been considered for a pardon in the first place.

UPDATE:
PardonPower suggests that the issue involved isn't necessarily the GOP donation, but rather the speed at which the pardon was approved. It took four months, which is unusually quick for an application to wind its way through the process.

What Did They Know and When Did They Know It

The circus that surrounds Illinois Gov. Rod Blagojevich is only going to get worse, and the questions are going to get a whole lot more uncomfortable for far more people in a hurry. That includes Barack Obama's expected Chief of Staff, Rahm Emanuel. In fact, Emanuel may have tipped off the feds as to Blagojevich's antics.

David Axelrod stepped in it as well, claiming that Blagojevich and Obama talked about who would replace Obama in the Senate, but the Obama campaign now says that Axelrod misspoke. Where did Axelrod get the idea that the two talked? That's going to require subpoenas and phone records to see who talked to whom and what was said.

There's also questions about just how close Obama and Blagojevich are. I'd say that the two Democrats are pretty close, and to believe that the two men didn't discuss who would be appointed to Obama's seat even in passing must believe in pixie dust and unicorns. Something must have gotten Blagojevich's dander up by claiming that Obama wasn't going to give him anything in exchange for the Senate seat. Who passed that along, and why was nothing said to the authorities about a quid pro quo for the seat.

Some in the media are trying to increase the distance between Obama and Blagojevich. Blagojevich supported Obama's presidential campaign, but even at that time the Obama campaign may have been trying to distance him from the swirling corruption talk, particularly in regards to Tony Rezko.

Still, there is one thing that catches my attention though through all the analysis and reports today.

Patrick Fitzgerald serves at the pleasure of the President. He may be asked to resign when Barack Obama becomes President in January although the Senior Senator from Illinois Richard Durbin, a Democrat, has suggested keeping him on.

Should he send Fitzgerald packing, it would pose a real thorny issue for Obama. If he does anything that potentially derails the ongoing investigation into his friend Blagojevich, it's going to cause serious political problems for him down the line. If Fitzgerald is allowed to serve out and complete his investigation and prosecution, it could mean plenty of convictions and opportunities for Obama to grant pardons down the road.

From a legal perspective, Obama of course has an absolute right to send Fitzgerald packing (but it might be entertaining to see how the Left contorts itself on the legal grounds that they claim cost Bush Attorney General Alberto Gonzales when he fired a bunch of federal attorneys).

Still, that wouldn't necessarily mark the end of the investigation. It could just slow it down. Obama would more likely wait and let the criminal justice system run its course and find Blagojevich guilty of multiple crimes relating to the ongoing corruption investigation, and pardon or commute his sentence.

That too is within Obama's absolute legal right as President. Obama would have to wait until a criminal sentence is passed before considering commutation. Obama cannot act before that point, if he wanted to. If Blagojevich is indicted on state crimes, those would have to be acted upon by whoever succeeds him as Governor.

However, the political fallout from such actions could be extreme. It could seriously affect Democrats chances in 2010 and Obama's reelection efforts for 2012. This situation puts Obama on the defensive right off the bat since so many of his closest political allies are involved, associated, or implicated in the growing scandal. It's a huge distraction for the Obama campaign at a time when they need to be focusing on transitioning to the White House and getting up to speed on the economy, foreign policy, and all the other daily issues that the President must address.

Instead, the Obama team has to deal with damage control from before day one. That's not a good place to be in, and it's only going to get worse.

Of course, Blagojevich may have cost himself a pardon by cursing out Obama in the wiretaps, but Obama may be the kind of guy who pays back those who help him get to the top, even if he's had to run them under the bus from time to time.

Here's a primer to those suggested as candidates to replace Obama.

The crimes alleged or alluded to also includes shaking down Warren Buffet and putting the screws to the Chicago Tribune for posting unflattering stories about Blagojevich.

There's still the unfinished business relating to Tony Rezko.

For his part, Blagojevich has no intention of resigning.

UPDATE:
So, how close were Obama and Blagojavich? Well, Obama and Emanuel seemingly ran Blagojavich's run for governor. Of course, now that the mess has hit the fan, everyone is running for the exits, including Emanuel, who's now clarifying his prior statements. Figures. Either he exaggerated his position in Blagojavich's inner circle, or he's lying about just how close he was to Blagojavich. I'm leaning towards the latter, but Emanuel's lying no matter how you dice it.

UPDATE:
Jesse Jackson Jr is wise to be lawyering up. It looks like he's the one who allegedly offered Blagojavich money for the Senate seat. Dumb. Real dumb.

UPDATE:
Look, just because Obama and Blagojavich were meeting to discuss who would replace Obama doesn't mean that Obama's in on the criminality. It does make Obama look stupid for claiming that the two men didn't talk, or didn't talk about the seat when it has been reported by multiple outlets and multiple sources indicate that they spoke.

It's not the crime, it's the coverup, and in his attempt to distance himself from Blagojavich, Obama's going to run afoul of the law. It will be interesting to see all the subpoenas flying at everyone involved - including Obama to get to the heart of who was involved and what was being discussed. Obama better get his story straight, or he too will find out what it means to enter a perjury trap or obstruct justice. From what I can tell, Obama really wanted nothing to do with Blago's heavy handed tactics and demands for quid pro quo, but that too indicates that the two men talked or had their underlings talking - all of which goes against what Obama has been saying.

This mess is about to get a whole lot messier, and it also will be entertaining watching all those folks who thought that Scooter Libby should fry now facing a situaiton where The One and his flacks, including Axelrod, Emanuel, and a whole host of Chicago cronies is about to engage the same guy who nailed Libby for the perjury trap.

UPDATE:
This might be the most damning and dangerous part of Blagojavich's schemes. He wanted pay to play with the Tribune Company and demanded firing journalists who were not to his liking in order for the Tribune Company to get tax breaks on a possible sale:

While the selling of the senate seat and pay to play complaints got the most headlines, perhaps the most incredible of all the charges alleged against Blagojevich is his attempted shakedown of the Chicago Tribune.

The Trib not only owns the Chicago Tribune but also the Chicago Cubs baseball team. Owner Sam Zell (who has just filed for bankruptcy) is trying to sell the team and, more importantly, one of the most valuable pieces of real estate in Chicago: Wrigley Field, home of the Cubs.

But the sale of Wrigley field will involve massive taxes -- something on the order of $100 million dollars in capital gains. Zell had a approached the Illinois Finance Authority (IFA) in order to strike a deal where, according to the criminal complaint, the IFA would take title to Wrigley Field thus saving Zell a lot of cash.

Enter Blagojevich, who told his chief of staff John Harris (also arrested today) to make it clear to Zell that no help from the IFA would be forthcoming unless some members of the Chicago Tribune editorial board were fired.

In a November 4 phone call with Harris, Blagojevich told his aide ""our recommendation is fire all those [expletive] people, get ‘em the [expletive] out of there and get us some editorial support."

Harris reported back on November 11 that Zell "got the message and is very sensitive to the issue." Later, Harris told Blagojevich that there were "certain corporate reorganizations and budget cuts coming and, reading between the lines, he's (Zell) going after that section."

No firings have taken place yet and it is doubtful that Zell will make a move now that this deal is in the open. I suppose he saw it as a cost of doing business and $100 million is a lot of cash. But the thought that he would buckle to the whims of this strutting peacock of a politician who wanted journalists, who were only doing the job they were being paid to do, axed because they were telling the truth about his corruption stinks of rank cowardice.

Pardon Me

As President George Bush closes out his term in office, the question of who he might be willing to extend pardons to is being raised.

Some high-profile convicts past and present are among more than 2,000 people asking President George W. Bush to pardon them or commute their prison sentences before he leaves office.

Junk-bond king Michael Milken, media mogul Conrad Black and American-born Taliban soldier John Walker Lindh have applied to the Justice Department seeking official forgiveness.

But with Bush's term ending Jan. 20, some lawyers are lobbying the White House directly to pardon their clients. That raises the possibility that the president could excuse scores of people, including some who have not been charged, to protect them from future accusations, such as former Attorney General Alberto Gonzales or star baseball pitcher Roger Clemens.

Those who have worked with Bush predict that will not happen. The White House has declined to comment on upcoming pardons.

"I would expect the president's conservative approach to executive pardons to continue through the remainder of his term," said Helgi C. Walker, a former Bush associate White House counsel.

"There would also be a concern about avoiding any appearance of impropriety in the waning days of his administration _ i.e. some sort of pardon free-for-all," Walker said. "I don't think that is anything that is going to happen on this president's watch."

Last week, Bush issued 14 pardons and commuted two sentences _ all for small-time crimes such as minor drug offenses, tax evasion and unauthorized use of food stamps. That brought his eight-year total to 171 pardons and eight commutations granted.

That is less than half as many as President Bill Clinton or President Ronald Reagan issued. Both were two-term presidents, like Bush.

Bush has already shown himself to be stingy with his pardon/commutation power. I don't see that changing either, and although there will be a flurry of pardons, I don't expect to see the kind of quid pro quo engaged in by Bush's predecessor, Bill Clinton.

Jammie points out that there are quite a few high profile individuals seeking reductions in sentences or pardons, including John Walker Lindh, the American Taliban.

Anyone who meets the qualifications and fills out the necessary forms can have their cases reviewed by the Office of Pardon Attorney, but that doesn't mean that they have a chance of success.

The statistics bear out that Bush isn't going to issue pardons like they were candy. There is no chance that Bush is going to issue a pardon to the likes of Lindh.

Still unlikely is that President Bush would issue pardons preemptively to members of his Administration or the CIA or US Armed Forces for actions taken during the Global War on Terror to avoid prosecutions by the incoming administration.

I give roughly even odds that he might commute the sentence of Randy "Duke" Cunningham, a disgraced Republican Congressman who was convicted of corruption charges, but who was a highly decorated Vietnam War hero. Less likely is that he'd commute the sentences of Milken or Black.

Much more likely is a pardon or commutation of the sentences of former U.S. Border Patrol agents Ignacio Ramos and agent Jose Compean, who were convicted of shooting a drug smuggler in 2005 and trying to cover it up.