Fox News’ senior legal analyst Andrew Napolitano told Gretchen Carlson and Brian Kilmeade that President Bush would not be able to issue a blanket pardon for individuals involved in torture. “You can’t pardon someone without naming who it is,” said Napolitano.
Napolitano doesn’t believe that Bush is likely to pardon Scooter Libby who was convicted of lying in the CIA leak case. Bush has not made extensive use of the power to pardon but he did commute the prison sentence of Libby. According to Napolitano, pardoning Libby does not fit the pattern for the way Bush has used pardons in the past. “George Bush, when he has pardoned people, has usually pardoned people who have already served their time and are out. He has not sprung them from jail.”
Napolitano admitted that Bush does have the power to pardon himself, an act which no past president has tried. “He has so much pardon has been he could pardon himself. Not even clinton has done that,” said Napolitano.
This video is from Fox’s Fox & Friends, broadcast Nov. 18, 2008.