-Caveat Lector-

<http://www.washingtonpost.com/wp-dyn/articles/A41644-2001Feb7.html>

Access to the White House Opened Door to Clemency


By Peter Slevin
Washington Post Staff Writer
Thursday, February 8, 2001
Page A14


Adolph Schwimmer doesn't know former president Bill Clinton. But
his friend Brian Greenspun does.

During a Thanksgiving gathering at Camp David, Greenspun asked
the president to pardon Schwimmer, who violated the U.S.
Neutrality Act in the late 1940s when he ferried aircraft to
Israel during its war for independence.

Clinton listened to the story and told Greenspun, a former
Georgetown University classmate and loyal campaign contributor:
"Give me something in writing." Eight weeks later, in his
11th-hour list of 176 pardons and commutations, Clinton restored
Schwimmer's civil rights.

"When I recognized an opportunity to do this, there was no
question but this was absolutely the right thing to do," said
Greenspun, publisher of the Las Vegas Sun. "If ever there was a
reason to get a pardon, it would be for a guy like Al Schwimmer.
What he did was an act of selflessness and bravery and heroism."

Clinton's pardons of fugitive commodities trader Marc Rich,
Whitewater compatriot Susan McDougal and herbal remedy magnate A.
Glenn Braswell have made headlines. A House committee is
scheduled today to begin examining why Clinton pardoned Rich.

Although overshadowed, many of the other 173 felons -- some
notorious, others anonymous -- fit categories that offer clues
about how the pardon process worked in the final busy days of the
Clinton administration.

To win a pardon, it helped most of all to have access to the Oval
Office. For example, Clinton said he was persuaded to help Rich
by former White House counsel Jack Quinn, who represents Rich.

It helped to be from Clinton's home turf. The list includes 27
Arkansans, more than from any other state. It helped to be the
president's brother: Roger Clinton was pardoned for a 1985
cocaine conviction. And it helped to be a low-level drug felon
sentenced to a long prison term.

It helped to be prosecuted by an independent counsel who targeted
Clinton or his colleagues. It helped to be close to Jesse L.
Jackson. The president pardoned the activist's former attorney,
John H. Bustamante, and commuted the sentence of former Chicago
representative Melvin J. Reynolds, who was soon hired by
Jackson's Rainbow/PUSH Coalition.

Some pardon beneficiaries, including Schwimmer and former
secretary of housing and urban development Henry Cisneros, never
sought Clinton's mercy. Others worked for years or hurried to
cobble together a petition on short notice. Still others
dispatched paperwork to the Justice Department and all but forgot
about it.

"I don't know how it happened, but I'm glad it happened to me,"
said Arthur David Borel, convicted of rolling back automobile
odometers. The proprietor of the Little Rock Auto Clock and
Speedometer Service said he dispatched his request to the Justice
Department several years ago.

Clinton he knew only by sight.

"When he'd come to Little Rock, he'd jog and he'd pass right by
my shop. I don't know if he'd seen the speedometer shop, and when
he went through the paperwork in D.C., he just put two and two
together," said Borel, 65, who wants his hunting license back.
"When I heard that Clinton was in the process of pardoning a
number of people, I thought of it, but this was one chance out of
a lifetime that my name would be there."

The pardon list was also studded with people who had individual
claims to infamy. One was Braswell -- convicted of tax evasion,
fraud and perjury in 1983 -- even as federal prosecutors
conducted a separate tax-evasion and money-laundering
investigation of him.

Another was disbarred Washington lawyer William A. Borders Jr.,
convicted in 1982 of conspiracy to bribe a federal judge. A
Justice Department document lists two members of Congress and the
dean of the Howard University Law School as character witnesses.
His lawyer was Harvard Law School professor Charles J. Ogletree.

"It's a lobbying thing. You have congressmen, senators lobbying
on behalf of various people," a former Justice Department
official said. "It tends to cut across party lines.

"The interesting part is it becomes parochial as opposed to
political. You have people from a state, the senators and
congressmen, lobbying on behalf of a candidate."

Kansas Lt. Gov. Dave Owen, a Republican campaign chairman for
former senator Robert J. Dole, spent seven months in prison in
1994 for tax fraud. Owen drew support for his pardon from a
former Democratic governor of Kansas, reported his D.C. attorney,
James Hamilton, who has vetted job applicants for the Clinton
administration. He said Owen has lived "an exemplary life" since
his conviction.

"He has taken a leadership role in the Fellowship of Christian
Athletes and was instrumental in sending medical supplies worth
$11 million to Mother Teresa," Hamilton said. "His pardon was
granted solely on the merits and was well-deserved."

Among the well-connected who received pardons were former Arizona
governor John Fife Symington III, charged with bank fraud. Also
getting pardons were the son-in-law of former education secretary
Richard W. Riley, convicted in a drug case, and the
brother-in-law of former representative Sam Gejdenson, guilty in
a gold and silver options case.

Clinton commuted the prison term of ailing swindler Arnold Paul
Prosperi, his Georgetown University student government campaign
manager, who donated $45,000 for White House refurbishments.
Prosperi's appellate lawyer was Theodore B. Olson, chief
constitutional lawyer for George W. Bush during the Florida
recount.

The president pardoned four people convicted in the Whitewater
case and six convicted during the independent counsel's
investigation of former agriculture secretary Mike Espy, who was
acquitted.

Three prominent Chicago residents connected to Jackson's
Rainbow/PUSH Coalition received presidential dispensations. One
was Bustamante, a Harvard-educated lawyer who represented
Jackson. He pleaded guilty to wire fraud after borrowing $275,000
to drill for oil and using the money for personal expenses.

Thanks to Clinton, Reynolds will be permitted to finish his term
at Freedom House -- the same halfway house used by convicted
former representative Dan Rostenkowski of Illinois, who was
pardoned by Clinton last year. Reynolds was convicted for
initiating a sexual affair with a 16-year-old campaign volunteer
and misusing campaign funds.

Dorothy Rivers, a former member of the PUSH oversight committee,
saw her prison term commuted after a conviction in Chicago for
stealing $1.2 million in federal money intended for homeless
families and pregnant teens. Prosecutors said Rivers bought furs,
fancy clothes and a Mercedes-Benz for her son.

Clinton commuted the death sentence of David Ronald Chandler, an
Alabama marijuana grower and the first person sentenced to die
under the federal drug kingpin statute. Chandler was convicted of
ordering an associate's murder, but the admitted killer has since
declared that Chandler knew nothing of the assault.

Schwimmer, 83, who has lived in Tel Aviv since 1951, never sought
a pardon. He was convicted for acquiring airplanes from the
United States and arranging for their flight to Israel to help in
the 1948 war effort. He later founded Israeli Aircraft Industries
at the behest of the country's founding prime minister, David Ben
Gurion.

The idea for the clemency application came from Greenspun, whose
late father was convicted of shipping munitions to Israel. A dear
friend of Schwimmer's, Hank Greenspun was pardoned in 1961 by
President John F. Kennedy.

Presidents also may use their unfettered pardon authority to make
policy statements. Clinton commuted 21 prison sentences given to
drug defendants convicted under strict federal sentencing laws.
Julie Stewart, president of Families Against Mandatory Minimums,
said she forwarded a list of about two dozen such prisoners to
the White House via Rolling Stone magazine editor Jan Wenner.

Stewart's fledgling organization chose first-time lawbreakers who
had no history of violence or use of guns. They typically had
served at least five years. About a dozen had also sought
commutations from the Justice Department.

When Clinton's list of 40 names emerged, 17 cases had been drawn
from the FAMM list.

"I think they underscore," said Stewart, "that a lot of
nonviolent drug prisoners are sitting in prisons for decades and
don't need to be."

No one was more thrilled than Loretta Fish, sentenced in 1994 to
19 years in prison for supporting her boyfriend's methamphetamine
operation. He received a shorter prison term, while the admitted
leader of the Allentown, Pa., organization -- who cleared
$500,000 in six months -- testified for the prosecution and drew
a five-year sentence, Stewart said.

When news of Clinton's 40 commutations was reported on television
Jan. 20, Fish's cellmate relayed word that there were no names
yet.

"I just kept praying, 'Let me be one, let me be one,' " Fish
recalled. Then someone said her name was on the list. "I kept
saying there could be other Lorettas. I thought, 'No, nothing
ever happens to me.' "

Then a corrections officer told her to pack.

"Unbelievable," Fish said. "The greatest day of my life."

Staff writers Robert O'Harrow in New York and Lee Hockstader in
Jerusalem, special correspondent Jeff Adler in Los Angeles, and
researchers Lynn Davis and Margot Williams contributed to this
report.


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