by John M. Curtis
(310) 204-8700

Copyright February 12, 2001
All Rights Reserved.

anding a final black eye on his presidency, President Clinton exposed all Americans to Washington’s dirty little secret—that money talks. Only hours before he was sent packing on inauguration day, Clinton pardoned billionaire fugitive commodities trader and oil bootlegger Marc Rich, infuriating Congress and turning the pardon authority on its head. Harking back to Europe’s ancient monarchies, the Divine Right of Kings has its modern day appendage left with the president’s absolute right to pardon—to erase, in one bold stroke, any transgression, no matter how egregious or outrageous. Some historians even attribute the French revolution to King Louis XIV’s flagrant abuse of his divine authority. But the most recent slap at the rule of law is not the president’s divine right, but his cavalier abuse of discretion. Only days after he plea bargained with independent counsel Robert Ray to save his own hide, President Clinton took the liberty to secure his future by pardoning renegade billionaire Marc Rich.

       In the final moments of Clinton’s Pompeii, he soiled the presidency one last time, already besieged with specious deals and tabloid scandals. More than heisting White House property, Rich’s pardon thumbs his nose at the rule of law and slaps the country in the face. Pardoning convicted drug dealers like Carlos Vignali or loyal Whitewater stonewaller Susan McDougal are small potatoes compared to billionaire carpetbaggers like Marc Rich. “Here’s a man who never accepted responsibility for his actions, who fled the United States, fled a criminal trial and hid out in a foreign country,” said former Securities and Exchange Commission trustee Rick Roberts, absolutely mystified how Clinton pardoned Rich and not millionaire philanthropist Michael Milken, the notorious junk bond king. “Unlike Milken, Mr. Rich did not own up to what he had done. Yet he got the pardon, and Mr. Milken did not. I don’t get it. This troubles me very deeply,” remarked Roberts, failing to see that Milken’s real crime was he pled nolo contendre to securities fraud. Rich bolted the country leaving him without any criminal convictions.

       While the constitution empowers the president to make pardons, it doesn’t invite him to flaunt the law. Referring to Rich’s pardon, “I’ve seen political situations that stink to high heaven, and this stinks more than most,” said Donaid Alexander, a Washington attorney and former Internal Revenue Service commissioner. Sure, Clinton had the constitutional right to pardon Rich, but he crossed the line by exposing how much cash was funneled into his coffers. Conservative estimates of campaign contributions largely through Rich’s former wife Denise Rich exceed one million dollars, but there’s no way of tracking the soft money made under fictitious names. Refusing to testify before the House Committee on Government Reform about her Democratic fund raising and link to her ex-husband’s pardon, Denise Rich abruptly took the 5th amendment. Unwilling to take the hot seat, she vividly showed the nefarious, behind-the-scenes frenzy orchestrated by former Clinton counsel and Rich attorney Jack Quinn. Grilled by Rep. Dan Burton (Rep.-Ind.) and Rep. Bob Barr (Rep.-Ga.), Quinn defended Rich’s pardon request and advocacy for his billionaire client.

       Just as President Clinton dismissed the Lewinsky Sex scandal as a mundane sexual indiscretion, his pardon of Marc Rich was discounted as a difference of opinion. While admitting that the case was “unusual,” Clinton insisted, “Quinn [his former White House counsel] made a strong case, and I would suggest he was right on the merits.” Trivializing the government’s case against Rich, Quinn had the chutzpah to argue before Congress that Rich never evaded $48 million dollars in income taxes—as former U.S. Atty. and current New York City major Rudolf W. Giuliani charged in 1983—because his businesses were foreign corporations not subject to U.S. law. Fleeing from indictment, it’s easy making glib excuses. “I’m shocked,” said mayor Giuliani, in effect “wiping out” Rich’s tax evasion and racketeering charges. Marc Rich and his partner Pincus Green fled the U.S., renounced their citizenship, and refused to answer to charges. Giving flimsy excuses for why they bolted the country, “They were not willing to expose themselves to 300 years in jail,” said Quinn, finally admitting why his clients refused to answer the criminal indictments.

       Testifying before the House Government Reform Committee, Deputy Atty. Gen. Eric H. Holder Jr., admitted to telling a White House counsel the night before Clinton issued Rich’s pardon that he was “a neutral, leaning toward [a] favorable” recommendation, despite claiming he knew little about the case. Feigning ignorance, “In hindsight . . . obviously some bells should have gone off, some lights should have gone on,” implying that he was missing essential information that would have affected his decision. Blowing more smoke than an old Edsel, “Knowing everything I know now, I would not recommend to the president that he grant the pardon.” Please. Everyone at the Justice Department knew about Rich’s biggest tax evasion case in U.S. history. “Everything about it seems sleazy,” said Christopher Shays (Rep. Conn.). Rich “is a fugitive from justice who basically traded with the enemy,” referring to Rich’s illegal oil deals with Iran. Believing that Dep. Atty. Gen. Holder—who was slated for Attorney General under a Gore administration—was in the dark, pushes spin over the top.

       Down to the bitter end, Clinton didn’t disappoint his critics by remaining true to form. Unable to comprehend the essence of the presidency, Clinton exploited opportunities for his own gain, including whatever unidentified financial rewards for pardoning billionaire racketeer Marc Rich. Taking the 5th amendment, his ex-wife New York socialite Denise Rich reminds a watching world that fund-raising and deal-making are dirty business. Calling key bureaucrats on the carpet, congressional committees know that attorneys like Jack Quinn pull out all the stops for their well-healed clients. They also know that Dep. Atty. Generals like Holder didn’t fall off the turnip truck batting his eyelashes admitting, “I wish there were things I would have done differently.” Wrenched from the limelight, Clinton watchers knew that he wouldn’t go quietly off the public stage. Trashing the White House, granting indefensible pardons, removing government property, and financing his grandiose lifestyle at taxpayers’ expense all go with the territory. Dragging the rest of his party down, Clinton’s dramatic exit won’t be forgotten anytime soon.

About the Author

John M. Curtis is editor of OnlineColumnist.com and columnist for the Los Angeles Daily Journal. He’s director of a Los Angeles think tank specializing in political consulting and strategic public relations. He’s the author of Dodging The Bullet and Operation Charisma.

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