Noted.

PARDONS FOR TURKEYS: As George W. Bush makes the transition from a lawless presidency to the redoubt of history, he still has a final round of high crimes and misdemeanors in him. Specifically, count on Bush to try to pardon the unpardonable--like Karl Rove, Harriet Miers and others with whom he likely conspired to thwart the rule of law. His defenders will say Bush's pardon powers are limitless. In fact, they are not.

The founders of the American experiment were clear on the question of what should be done if a president abuses his privilege to pardon an associate. James Madison, "the father of the Constitution," argued, "[If] the President be connected, in any suspicious manner, with any person, and there be grounds to believe he will shelter him, the House of Representatives can impeach him; they can remove him if found guilty." Madison's Virginia compatriot George Mason was similarly concerned about misuse of the pardon power. "The father of the Bill of Rights" feared that a future president might attempt to shield himself by preventing the prosecution or jailing of an aide who could testify to the president's involvement in a high crime or misdemeanor. Mason observed that impeachment would surely be in order if a president attempted "to stop inquiry and prevent detection" of wrongdoing within his administration. Mason also believed that impeachment would be in order if a president were to "pardon crimes which were advised by himself."

Should Bush pardon Rove and Miers--the subjects of incomplete Congressional inquiries into gross wrongdoing--the House Judiciary Committee would be duty bound to demand that the president explain himself, as then-President Gerald Ford did regarding his 1974 pardon of Richard Nixon. If Bush refuses, any self-serving pardons should be challenged as the founders intended--with articles of impeachment.    JOHN NICHOLS

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