One Brother's Opinion

THE PRESIDENTIAL PARDON-THE DEMISE OF THE NEGRO
By C. Leon Lee, II*

A Presidential Pardon is a grant of authority given to an individual previously convicted of a crime against the United States of America, which, by its very nature, wipes the slate clean and restores the individual to the status he or she enjoyed prior to receiving a criminal conviction. It is by its very nature, an act of forgiveness. The authority for its issuance is housed in the United States Constitution, at Article II, Section 2, Clause 1. Throughout history, this grant of Presidential Authority has been employed, yet it has had a different meaning to different people and creatures. Let us examine the cases of the White Man, the Turkey and the Negro.

We know that in 1865, a white man, named Augustus Hill Garland, received a Presidential Pardon from President Andrew Johnson. Garland, a lawyer was disbarred, accused of treason. In his day, an 1865 Congressional Act denied him the right to practice law even though he had been given this Presidential Pardon. Not to be outdone, Garland took his case to the United States Supreme Court. As you undoubtedly know, the United States Supreme Court was and, Constitutionally, still is the highest Court in the land. As a result of that Court's decision, not only did Garland have his law license reinstated, he went on to serve four (4) years as the Attorney General for President Grover Cleveland from 1885 until 1889.

In a most elegant discussion of the significance of a Presidential Pardon, the Court in the Garland case articulated:

" A pardon reaches both the punishment prescribed for the offence and the guilt of the offender, and when the pardon is full, it releases the punishment and blots out of existence the guilt, so that in the eye of the law, the offender is as innocent as if he had never committed the offence.... [It] removes the penalties and disabilities, and restores him to all his civil rights; it makes him, as it were, a new man, and gives him
a new credit and capacity."

Although this decision was over 141 years ago, it remains the law of the land. Any court entertaining this issue should follow this decision and give credence to its intended application. It is apparent that in recent times, this position has been upheld, at least in the case of another white man. Casper Weinberger (a white man) served as Defense Secretary under President Ronald Reagan. He was indicted for allegedly lying to the Independent Counsel investigating the Iran -Contra Affair. (For further discussion see: http://en.wikipedia.org/w/index.php?title=Iran-Contra _Affair&printable=yes. ) He was later pardoned by President George H. W. Bush. (See http://jurist.law.pitt.edu/pardonesex5.htm) During the presidency of Ronald Reagan, Elliott Abrams was found guilty of lying to Congress. This case also centered around the Iran Contra scandal. Abrams was a lawyer licensed by the District of Columbia Bar Association. After his conviction, he was later pardoned, obtained a top secret clearance and is presently working in the Bush Administration. A top secret clearance is the highest clearance that one can obtain from the United States Government. Now, this illustrates the proper application of how a Presidential Pardon was intended to operate. It is worth noting that Abrams, too, is a white man.

Now the Presidential Pardon has also been granted to an animal. It is not clear where this originated in terms of Presidents, but historians have noted two possible sources. In 1947, Harry Truman is thought to have granted this honor to a turkey. Some say Abraham Lincoln pardoned his son Tad's pet turkey. For more information see: http//www.infoplease.com/spot/tgturkey2.html Despite the uncertainty of origin, both of these stories have been repeated in recent Presidential Addresses. One should note that although this is no more than a tradition, it has been observed by Presidents for years. In recent years, not only has a turkey been pardoned, an alternate has also been chosen. Legend has it, that the purpose of choosing the alternate is so that if the subject turkey can not fulfill its duties, then the alternate is available to do that. For fifteen (15) years running, the turkeys have been removed to Kidwell Farm, which is a petting zoo at Frying Pan Park. This is located in Herndon, Virginia. This arrangement was upgraded in 2005. The pardoned turkeys were flown to Disneyland in California. Their first official duties were to serve as grand marshals for the Disneyland Thanksgiving Day Parade. Subsequent to this honor, they would spend the remainder of their lives at the Disneyland Ranch. The dignity afforded a Presidential Pardon would not escape any of these birds during the rest of their lives. At no point would their names (in recent years) or their existence be discussed with a recipe. They are free to roam and be well taken care of for the remainder of their lives. Under President Bush, in 2004 and 2005, the American public was allowed to visit and vote on the turkeys' names at the White House web site. The two turkeys were named Biscuit and Gravy and Marshmallow and Yam, respectively.

On January 20, 2001, The Honorable, then President, William Jefferson Clinton granted William A. "Bill" Borders, Jr., a Presidential Pardon. Like Elliott Abrams, Borders, was licensed before the District of Columbia Bar Association. He was a lawyer. Unlike Abrams, however, Borders is Black! Despite numerous attempts, he has not been granted permission to resume the practice of law by the District of Columbia Court of Appeals. (For a historical discussion, see "Pardoned but Still Disbarred" by William Raspberry, June 23, 2003, Washington Post) As with all else, racism and egos stand between Borders and restoration of his license. Language in the District of Columbia (hereinafter D. C.) Code stands in the way of Borders. The specific language states:

"Upon the granting of a pardon to a member so convicted, the court may vacate or modify the order of disbarment."

Ironically, the unwritten portion of that code as applied says that if the offender is a white man like "Abrams" then of course the Presidential Pardon has significance. Alternatively, if like Borders, the person receiving the Pardon is a Black Man, then discretion says it does not apply. In many instances, African Americans are encouraged to uphold the law when it is against us, but when it enures to our benefit, then we are expected to accept an interpretation, which is unwritten and contrary to its historical application. The Pardon of William A. Borders, Jr. is one such example. Now, who is to blame for this?

The indecency of some white Americans can not be held against the entire race. In looking at the true picture, then, President Clinton, exercised his authority and granted Borders a Pardon. Had he known it would have had no significance, he probably would not have issued it. But who is to blame? Surely not Clinton! Not even Borders. The true blame rest at the hands and feet of our so called Black leaders who have stood idly by and allowed this cancer to spread. It has spread for over five (5) years and the issue has not been put on the forefront where it belongs. If this is how the leadership of the Black Community responds to an injustice, why should any other decent White American do anything to expose themselves to criticism to honor another African American? This sense of apathy, as has been exemplified within the Black Community is the very reason that I believe that our community is always better off being represented by a White Man with a conscious, than one of our own who has no backbone. That is not to say that I frown upon Black leadership, because I don't! I just pose the question, where is it?

Now, throughout my lifetime, I have heard others compare themselves to notable African Americans, such as Booker T. Washington, Dr. George Washington Carver, W. E. Dubois, Thurgood Marshall, Dr. Martin Luther King, Jr., and yes, even The Honorable William Jefferson Clinton. To those who suggest that President Clinton should not be included, I pose my next question, "What have you done in your lifetime that warrants that you be included?" Booker T. Washington has been quoted as saying: "Few things can help an individual more than to place responsibility on him, and to let him know that you trust him." I add to that quote: " When those we entrust with responsibility fail to live up to the calling of that trust, then they must be replaced!"

Each African American holding a Federal office (Congressional or Senatorial) should be
forwarded a copy of this article and asked the question: " What are you doing about this?" The question must be phrased in that way because very few, if any, of them have done a thing thus far. Additionally, local leaders should likewise be called upon to take action. When oaths of offices are taken, most people swear to: " ... defend the Constitution of the United States against all enemies, foreign and domestic..." Where is the action to which they have pledged? As a people, we need to convert our leaders from ostriches (those who bury their heads in the sand) to pigs at a breakfast table. Now, to understand this latter analogy, think of your last breakfast with bacon and eggs. Clearly, the chicken was involved in the breakfast, but the pig was committed to it. He had to die to be there. For those who just want to be involved in the political process and not be committed to it, resign! As a people, we need leaders who are committed, not just occupants of their respective seats.

In years gone by, when African Americans were referred to in derogatory terms, we had a stronger level of unity, self purpose and resolve. I was proud to be a Negro. Much prouder than I am being an African American, whose leadership is obvious when there are cameras, kickbacks and smiles from opponents of the best interest of our communities. Now, though some may be angered by my observations, but clearly if I have removed your veils of ignorance and selfishness, then I have done you a favor. Unless there is a national call to action on this issue, the Negro is in the process of being withdrawn from the United States Constitution and from the minds and hearts of decent White Americans. If you choose not to act for Bill Borders, do it for Bill Clinton. Regardless of your motivation, if you do the right thing, for the right reason, then the right thing will happen.

Those persons willing to stand up and let your voices be heard on this issue, should visit: www.billborders.blogspot.com and post your comments to the website. Once on the site, scroll down to the bottom of the page and click on comments. If you do not let someone know that you are interested and watching this, nothing will happen.

*The writer, C. Leon Lee was initiated in 1977 at Tuskegee Institute, the Gamma Epsilon, and Bill Borders was initiated in 1960, at Maryland State College, the Gamma Xi, of Kappa Alpha Psi Fraternity.

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