Is Pardon Reversal a Sign of a Broken System?

"There will always be a certain unfairness to the pardon process when the president has the sole power to decide who is going to get clemency," Podgor said. But she said she is troubled that individuals who can't afford a lawyer are put at a distinct disadvantage.

"Is it a situation that we are seeing everyone on equal footing having the ability to apply?" she asked.

But Ruckman argued that through history the system had always been biased toward those with more direct access. He said a root problem is that modern presidents have used the pardon so sparingly. If the president chose to allow more pardons, and if more resources were given to the pardon attorney at the Department of Justice, the pressure on the system would be alleviated.

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"Access to power has always been limited and biased, but if the number of pardons continues to decline, it will only exacerbate the problem," he said. "As it stands now, the perception is you hardly have a snowball's chance to get the pardon from the pardon attorney at the Department of Justice so you have to think of ways to try to bypass the system."

The pardon attorney does not have the staff or resources to handle all the applications they receive, he said.

"The Toussie case certainly suggests that there are major problems in the process for administering the pardon process," Love said. The White House needs to better coordinate with the Office of the Pardon Attorney on pardons, he said.

"There has been a breakdown between the Department and the White House, and the pardon attorney needs to get the authority, resources and respect it deserves to do its job," Love said.

Fratto argued that the process is not in need of repair, as evidenced by the many pardons that have been issued without controversy. He said because the president has the sole constitutional authority to grant a pardon, applicants should feel free to apply directly to the president and bypass the Justice Department.

"You do not want a situation where people feel they cannot approach the White House to petition for clemency when that power solely rests with the president," Fratto said.

Can Toussie Challenge?

Toussie's lawyers declined to comment on whether their client will attempt to challenge Bush's reversal of the pardon.

But Kalt said the administration's legal justification of revoking the pardon because Toussie did not receive an official warrant could be successfully challenged.

"If I were Toussie," Kalt said. "I would fight this."

"I can't see what more could be required than the president signing a document pardoning you, executing that document and informing you that you had been pardoned," he said.

Attention on pardons and commutations of prison sentences will only increase in the weeks to come. Several high-profile individuals, including former Illinois Gov. George Ryan, former Rep. Randy "Duke Cunningham and junk bond king Michael Milken, have petitions in front of the Bush administration.

And on Jan. 15, Eric Holder, President-elect Obama's nominee for attorney general will be grilled at his confirmation hearing for his role in the Rich pardon when he served as Clinton's deputy attorney general.