Ignoring Toussie case, USA Today claimed Bush "eschewed controversial pardons"

In a January 21 editorial discussing former President Bush's departure from office, USA Today claimed that Bush "eschewed controversial pardons." The editorial stated: "Aside from some questionable last-minute regulations, Bush's departure was a refreshing contrast [to former President Clinton's]. He eschewed controversial pardons." In fact, on December 23 the White House announced that Bush was issuing a pardon to New York developer Isaac Toussie, who was convicted of mail fraud and false statements to the U.S. Department of Housing and Urban Development -- an act that the White House announced that Bush would not carry out after it was revealed that Toussie's family contributed more than $37,000 to Republicans.

On the day the pardon was announced, a Politico blog post noted that Toussie's father "did give $28,500 to the RNC [Republican National Committee] this year."

The next day, December 24, White House press secretary Dana Perino stated that "[w]ith respect to the case of Mr. Isaac R. Toussie, the Counsel to the President reviewed the application and believed, based on the information known to him at the time, that it was a meritorious application. He so advised the President, who accepted the recommendation." Perino added: "Based on information that has subsequently come to light, the President has directed the Pardon Attorney not to execute and deliver a Grant of Clemency to Mr. Toussie." Perino also reportedly said that the contributions "raise[] the appearance of impropriety."

A December 25 Washington Post article reported that Toussie "is represented by Washington defense attorney Bradford A. Berenson, who served as an associate White House counsel under Bush from 2001 to 2003" and that Toussie's family donated to several Republican candidates. From the article:

White House press secretary Dana Perino said neither Bush nor counsel Fred Fielding was aware of the GOP contributions from the father of Isaac Robert Toussie, who had been convicted of mail fraud and of making false statements to the Department of Housing and Urban Development. Perino said Bush had also been unaware of other aspects of the Toussie case that were revealed in news reports yesterday.

"Looking at the totality of the case, more could have been described to the president," Perino said. "The political contributions certainly were not known. It raises the appearance of impropriety, so the president prudently decided not to go through with the pardon."

[...]

Toussie pleaded guilty to mail fraud and lying to HUD, admitting that he falsified finances of prospective home buyers seeking HUD mortgages, and was sentenced to five months in prison and five months' house arrest in July 2003. The New York Daily News also noted that hundreds of former customers filed a federal lawsuit against Toussie, accusing him of luring poor, minority home buyers into agreeing to overpriced mortgages with hidden costs.

Federal election records show $37,700 in donations to Republicans this year by Toussie's father, developer Robert Toussie, including a $28,500 donation in April to the presidential campaign of Sen. John McCain (R-Ariz.). The elder Toussie's wife, Laura, also gave $2,300 each to GOP Sens. Norm Coleman of Minnesota and Gordon Smith of Oregon, records show.

A December 25 CNN.com article reported that "[q]uestions continued to swirl Thursday over the president's decision to withdraw a pardon for a New York developer involved in a Long Island mortgage fraud scheme." From the article:

The White House initially announced the pardon Tuesday afternoon, immediately setting off a firestorm of criticism from angry homeowners and investors, as well as government watchdog organizations quick to note Toussie's ties to prominent Republican officeholders.

Among the questions now being asked are:

• Why didn't the White House conduct a more thorough investigation of Toussie's background?

• Why did White House Counsel Fred Fielding circumvent the typical pardon application process by directly considering Toussie's clemency request instead of leaving it to the Justice Department?

• Did Toussie get special treatment because of his political connections?

Toussie and his father, also a developer, are defendants in a lawsuit filed in New York federal court on behalf of more than 400 minority home purchasers who allege a conspiracy involving racial steering, racketeering and fraud related to homes the Toussies built on Staten Island, attorney Peter Seidman told CNN.

Additionally, USA Today stated: "Presidents have not always departed with such poise. In 2001, the last transition before this one, Clinton's final days in office were like his presidency" and cited as evidence that "Clinton gave a radio address and not just one but two farewell speeches, all on a day that was supposed to belong to the freshly minted President Bush." It later stated that Bush "left Washington on Tuesday with a wave and a quick exit into his waiting plane a classy way to slip into the exclusive club of former presidents." However, USA Today did not note that Bush gave a public, post-departure speech in Midland, Texas. Additionally, according to a Defense Department article, Bush also attended a "private departure ceremony" at Andrews Air Force Base in Maryland. Further, Clinton's final weekly radio address -- reportedly taped on January 19, 2001 -- was released on Saturday, January 20, 2001, the day Clinton left office. It is customary for the weekly address to be released each Saturday. Bush also released his final radio address on the final Saturday during his tenure as president -- January 17.

From the January 21 USA Today editorial:

The best way to leave the presidency is graciously and quietly. In that, George W. Bush did himself and the nation proud.

[...]

The Bush-to-Obama transition was a "model in both directions," says John P. Burke, a political science professor at the University of Vermont.

Presidents have not always departed with such poise. In 2001, the last transition before this one, Clinton's final days in office were like his presidency: controversial and cacophonous. He issued questionable pardons. He made a plea deal to avoid future prosecution. Staffers pulled childish pranks such as popping the "W" off a number of computer keyboards. Clinton gave a radio address and not just one but two farewell speeches, all on a day that was supposed to belong to the freshly minted President Bush.

Aside from some questionable last-minute regulations, Bush's departure was a refreshing contrast. He eschewed controversial pardons. He left Washington on Tuesday with a wave and a quick exit into his waiting plane a classy way to slip into the exclusive club of former presidents.