Is Pardon Reversal a Sign of a Broken System?

Toussie, realizing that Justice guidelines would preclude immediate consideration of his appeal, chose to appeal directly to the president. He hired a well-known Washington attorney, Bradford Berenson, who had previously worked in the White House counsel's office under Bush.

The strategy worked, for a day. In revoking the pardon, Bush specified that Toussie would have to go through the Department of Justice, which could permanently delay the pardon.

Berenson issued a statement saying, ""Mr. Toussie looks forward to the pardon attorney's expeditious review of the application and remains confident that the pardon attorney will agree with the president and the White House counsel." He declined to comment further.

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'Disorderly' Process

"It was disorderly," pardon expert P.S. Ruckman said of the Toussie application. Ruckman studies the history of presidential pardons and runs the popular Pardon Power blog.

But Ruckman said controversy has always dogged pardons.

"It's been difficult from the beginning to impose order on the process," he said.

Eight years ago, President Clinton ignited a firestorm with a pardon of financial fugitive Marc Rich. Representatives of Rich, like for Toussie, appealed their case directly to the White House. Prosecutors who had been working on the Rich case were stunned when Clinton granted the pardon without having the pardon attorney involved in a thorough review of the application.

Some accused Clinton of granting the pardon in exchange for a large financial contribution from Rich's ex-wife. Clinton vehemently denied the accusation.

But legal experts said the Toussie case, like the Rich case, provides new evidence that the system is in need of repair.

"The bureaucratic process for a pardon needs improvement," said Brian C. Kalt, a law professor at Michigan State University College of Law.

Kalt argued that one possible fix would be to ease Justice Department guidelines so that every application was eligible to go through the Office of the Pardon Attorney without the five-year waiting period. Such a process would cut out a direct appeal to the president.

"The pardon attorney gives the president political cover," Kalt said

But the Justice Department guidelines are in place in part to limit the already overwhelming number of pardons the office receives each year.

Others said they believe the president should do more to explain his thinking behind the pardon.

"I think people want more information from the president as to his thinking. A 'here's why' instead of just putting out a press release," said Ellen Podgor, a law professor at Stetson University College of Law.