Tom DeLay won't ask for Presidential Pardon, but he might not have to actually ask

Just because DeLay isn't asking for a pardon, doesn't mean that a pardon for DeLay won't be discussed.  According to The Hill, sometimes pardons are given without a request:

Tom DeLay’s legal advisers are ruling out seeking a presidential pardon for the embattled former House majority leader.

DeLay (R-Texas), who declined to comment for this article, resigned from Congress more than two years ago after being indicted, and remains embroiled in legal proceedings in Texas and Washington.

With Bush’s second term winding down, DeLay is the most prominent politician and Bush ally who could benefit from presidential clemency.

But Richard Cullen, who is representing DeLay in the federal investigation against him, said there should be no question of a pardon.

“I would rule it out,” he said. “No one has suggested that Mr. DeLay is guilty of a crime. He has stated clearly that he has not committed a crime.”

Okay.  But this is critical:

Legal experts say a person does not need to request a pardon to receive one from the president.

Margaret Colgate Love, the U.S. pardon attorney from 1990 to 1997, said: “Historically, most people who have been pardoned have asked to be pardoned, but there have been exceptions.”

Love said President Clinton commuted the sentences of Puerto Rican nationalists without receiving requests.

“I understand there were a number of people who were the beneficiaries of final grants who didn’t ask.”

 

 

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