Sunday, July 8, 2007

Would Libby's Fine Be Refunded If He Gets A Pardon?

Scott Farrell asked a wonderful question on his radio show The Scott Farrell Show that airs Sundays from 6 - 8 P.M. live on AM 1040 WWBA in Tampa, Florida with streaming at www.scottfarrellshow.com.

Would the Libby fine be refunded if President Bush should eventually decide to pardon him?

Checking with Margaret Colgate Love, former U.S. Pardon Attorney from 1990-97 and an attorney who "specializes in executive clemency and restoration of rights, sentencing and corrections policy, and legal and government ethics," provided the following answer:

"Once money has been paid into the Treasury (which Scooter's fine has been by now) it takes an act of Congress (literally) to get it out - that's just hornbook appropriations law that would apply even if Scooter had paid too much by mistake, or if his conviction were overturned by the court of appeals, or if he is eventually pardoned on grounds of innocence.  I suppose, though, in circumstances like those the government might support legislation to appropriate money to pay him back." 

Of course, this is all hypothetical. 

(esp)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2007/07/would-libby-fin.html

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