By Stephen Lee "Elevate[s] TV from mere boob tube to a source of thoughtful discussion" - Yahoo! "Too cool" - Brad Meltzer, co-creator of Jack & Bobby

West Wing : Season 7 (2005-06) <-- Index --> Tomorrow (series finale, originally aired May 14, 2006) Issues: presidential pardons, Toby's crime, medical marijuana, inauguration, Kazakhstan Bartlet's Legacy (a look at Bartlet's record) It's the final day of the Bartlet administration and the first of the Santos administration. Bartlet says his goodbyes and faces the final decision of his presidency: whether to pardon Toby (1) for leaking classified information in violation of federal law (2). He also pardons a grandmother apparently convicted on charges relating to the growth or use marijuana for medical purposes (3). Bartlet and President-Elect Matthew Santos share the car ride to the Capitol for the inauguration ceremonies (4), and Santos takes office and gets a briefing on Kazakhstan (5). Bartlet heads home to New Hampshire, CJ leaves for California and Danny and eventual motherhood, Josh becomes chief of staff, Sam becomes deputy chief of staff, Donna becomes chief of staff for the First Lady, Annabeth becomes press secretary for the First Lady, Charlie goes to Georgetown Law School, Will Bailey heads to Oregon for a run for a Congressional seat that we know from the seventh-season premiere will be successful, and Kate Harper goes off to write a book. In the final scenes, Bartlet and Abby consider how far they've come and what the future holds. Presidential Pardons. (back to top) As he acknowledged to Matt Santos as they rode to the Capitol, President Bartlet probably has created a "bit of a mess" for Santos by pardoning Toby for violating federal law by disclosing confidential information. The next few weeks are likely to result in editorials and congressional hearings into Bartlet's decision, especially since he did not follow typical procedure in making this pardon. Presidents have the constitutional power under Article 2 of the U.S. Constitution to “grant reprieves and pardons for offences against the United States"; presidents can only pardon federal offenses and cannot pardon state offenses. Pardons are considered an official statement of forgiveness for the commission of a federal crime and restore basic civil rights, and do not officially connote innocence. Commutations of sentence are the reduction of a sentence. Most Presidents give many pardons or commutations of sentences while in office. Ronald Reagan granted 393 pardons, George H.W. Bush granted 74 pardons, and Bill Clinton granted 396. Franklin Delano Roosevelt used his pardon and commutation pardons more often than any other president, granting 3,687 pardons and commutations while in office, according to a survey conducted by Professor P.S. Ruckman of the University of Pittsburgh. Most pardon applications are filed with the Office of the Pardon Attorney (on-line here) in the Department of Justice. The Pardon Attorney begins its review by contacting the United States Probation Office for the petitioner's compliance with court supervision. The FBI provides factual information about the petitioner, and the Pardon Attorney contacts the United States Attorney for the district where the petitioner was convicted or the Department of Justice for more information. The Pardon Attorney's Office makes a report and recommendation, which is then reviewed by the Deputy Attorney General before going to the President for a final decision. Bill Clinton sparked widespread controversy on his last day in office by pardoning two fugitives who were still wanted on charges of insider trading, Marc Rich and Pincus Green. These pardons were sent directly to Clinton and were not reviewed by the Pardon Attorney's Office until Clinton's second-to-last day in office. Shortly thereafter, George W. Bush criticized Clinton's decision but defended his prerogative. “I was troubled by the decision the President made. I would not have the decision. … But nevertheless, he was the President, he had the right to do so, to make that decision, and he did. And I'm going to protect that privilege not only for me, but for future presidents as well," Bush said in a January 29, 2001 press conference (on-line here). Many other pardons have been controversial. In 1974, Gerald Ford pardoned Richard Nixon who had resigned from the Presidency due to the Watergate scandal. On Christmas Eve 1992, just weeks before leaving office, George Bush pardoned former Defense Secretary Caspar Weinberger and six other former Reagan administration officials for their involvement with the Iran-contra scandal mere days before Weinberger was to stand trial on perjury charges. In 1977, Jimmy Carter proclaimed amnesty for those who had evaded the draft during the Vietnam War, extending a more limited amnesty offered by Ford. In September 1979, Carter also commuted the sentences of Oscar Collazo, a Puerto Rican nationalist who had tried to kill Truman in 1950, and others who had fired on the House of Representatives in 1954, apparently to get Cuba to release U.S. nationals held prisoner at the time. Toby's Crime. (back to top) Toby has admitted to violating federal law by leaking information relating to national defense. Specifically, he seems to have violated 18 USC 793(f) (on-line here), which states: "Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it; … shall be fined under this title or imprisoned not more than ten years, or both." (emphasis added) Medical Marijuana. (back to top) In addition to Toby, President Bartlet also pardoned a grandmother who apparently was convicted of federal charges for the cultivation, sale or distribution of marijuana for medicinal purposes. This act seems to suggest that Bartlet is critical of the way federal drug laws have been enforced in recent years. The federal government has classified marijuana under the Controlled Substances Act of 1970 as a Schedule I drug that could not be used or prescribed except under specific federal exemptions. Marijuana was so classified because it was found to have a high potential for abuse, to lack accepted medical use, and to lack safety for use under medical supervision. (Before the Controlled Substances Act, marijuana was taxed and licensed under a 1937 law that was so complicated it effectively banned the drug's sale or use.) However, many experts believe marijuana can in fact relieve internal eye pressure in glaucoma, control nausea in cancer patients, and help AIDS patients. Some states have thus adopted laws that would allow the use of marijuana for medical purposes. California and Arizona voters were the first to approve such measures in November 1996. Alaska, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Vermont and Washington also have passed such laws. The Clinton administration responded to California's 1996 referenda by saying it would continue enforcement efforts and that it would revoke the registrations of physicians recommending or prescribing marijuana for any use. This move was quickly criticized by the New England Journal of Medicine's editor, Jerome P. Kassirer, who wrote that the "federal officials are out of step with the public" and called government sanctions "misguided, heavy-handed and inhumane." Nevertheless, the federal government under both Presidents Bill Clinton and George W. Bush has continued to prosecute those who cultivate, distribute, and prescribe marijuana for medical purposes. Some growers have tried invoking a "medical necessity" defense against federal prosecution, but this defense was rejected as unavailable by the United States Supreme Court in May 2001 (decision on-line here). The Court ruled 8-0 that there was no "medical necessity" exception to drug laws prohibiting the manufacturing and distribution of marijuana, saying that marijuana's classification as a Schedule I drug means that there is "no currently accepted medical use in treatment in the United States." In June 2005, the Supreme Court held that federal law could prevent the cultivation of marijuana for personal use (decision on-line here). Inauguration. (back to top) Once selected by the electoral college, all that one must do to be inaugurated as President of the United States is to take an oath set forth in the Constitution : "I do solemnly swear that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect, and defend the Constitution of the United States." The Constitution and federal law require no more. Nevertheless, a set of traditions has accumulated around the taking of that 35-word oath of office that has made Jan. 20 every four years into a de facto public holiday, a major public address, and one of the most glamorous political fund-raisers. Presidents are not required to use a Bible for the swearing-in or to say the words "so help me God" after taking the oath, but almost all have followed George Washington's example in doing so. Many, such as Bill Clinton, used family bibles for their swearing-in. At least five presidents (Warren Harding, Dwight Eisenhower, Jimmy Carter, George H.W. Bush, and George W. Bush) have used George Washington's own inaugural Bible in some way for their swearing-in. This 1767 King James Bible is owned by the St. John's Lodge No. 1, A.Y.M., Free and Accepted Masons and is normally housed and on public display at the Federal Hall National Memorial in New York, which was where the federal government first met and where Washington was sworn in. The Bible is reportedly now in such fragile condition that no one is allowed to touch it; for George W. Bush's 2001 inauguration, it reportedly rested on a cushion that Chief Justice William Rehnquist held. And while the Chief Justice of the United States Supreme Court has administered the oath almost every time since the third inauguration, his (or her) role is not required. Calvin Coolidge reportedly had the oath given by his father, a Vermont Justice of the Peace. In the West Wing world, the Chief Justice is Evelyn Lang, whose nomination was the subject of the fifth-season episode "The Supremes". Presidents also are not required to give an inaugural address, though this has become in some ways the central event of the ceremonies. The average inaugural address is about 2,400 words long and usually covers a wide range of topics. The shortest speech was the first, by George Washington, which came in at 135 words. William Henry Harrison's in 1841 was the longest, clocking in at almost two hours; Harrison did die a month later of pneumonia due in no small part to giving his address in one of the coldest inaugural days on record. The inauguration is held on January 20, as dictated by the 20th Amendment to the Constitution (read text here), which was adopted in 1933. Before the change, the inauguration was held on March 4. Inaugural-day parades have been a part of the inaugural culture since 1889, and balls have been part almost as long. The first official ball was given in 1809, though none were held between 1913 and 1929 or during World War II. There were six balls in 1969, nine bills for the 1985 and 1989 inaugurations, and 11 balls for Bill Clinton's first inauguration in 1993. Such festivities have turned the inauguration into both an important public event that costs upwards of $20-30 million each time as well as a major fund-raising effort for the party taking or renewing its power in Washington. Jimmy Carter's inauguration in 1977 cost a reported $3.5 million, Ronald Reagan's first inauguration in 1981 cost about $16 million and his second about $20 million, and George H.W. Bush's in 1989 cost about $30 million. Bill Clinton's 1993 inauguration cost about $25 million and featured 11 balls; he reportedly raised $33 million in funds that year, and another $23.7 million when inaugurated for a second time in 1997. George W. Bush reportedly raised more than $35 million for his inauguration in 2001. By the way, the president's oath is half the length of that said by all other elected or appointed federal officials. The oath for all other elected or appointed federal officials, as required by 5 U.S.C. 3331 rather than the Constitution, is at least 72 words long : "I, [name], do solemnly swear/affirm that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God." Sources: Encyclopedia of the American Presidency, edited by Leonard W. Levy and Louis Fisher (Simon & Schuster, 1994). Congressional Quarterly, Selecting the President: From 1789 to 1996 (Congressional Quarterly, Inc. 1997). Leslie Wayne, Big companies picking up tab in inauguration, New York Times, January 18, 2001. The Architect of the Capitol has some information about inaugurals, including about the use of Bibles, on-line here. Emily Gest, New York Daily News, January 19, 2001. Kazakhstan. (back to top) This episode, like many others this season, refers to an international crisis involving Kazakhstan, an oil-rich country that has ties to both Russia and China. Kazakhstan, like other countries in the Caspian Sea region, has significant oil reserves and has been working to develop its production capabilities and exporting routes. Kazakhstan exported about 1.1 million barrels per day in early 2005, much through Russia's pipelines. China agreed in May 2004 to develop a pipeline that would export Kazakh crude oil into western China; the pipeline is expected to be about 1,860 miles long when complete and to have a capacity of about 400,000 barrels a day, which would increase China's oil imports from Kazahstan by ten times compared to early 2005. The U.S. Energy Information Administration has information about Kazakhstan on-line here. In real life, the United States has indeed looked to Kazakhstan as an important ally in Central Asia, and Kazakhstan did have in December 2005 a presidential election which was criticized by some. That election resulted in the re-election of President Nursultan Nazarbayev, who has held power since the country became independent of the Soviet Union in 1991 and who has taken many steps over the years to expand his power and to limit criticism of his government. The Organization for Security and Co-operation in Europe (OSCE) criticized the December 2005 election as failing to meet international standards for democratic standards. "While candidate registration was mostly inclusive and gave voters a choice, undue restrictions on campaigning, harassment of campaign staff and persistent and numerous cases of intimidation by the authorities, limited the possibility for a meaningful competition," the OSCE said in preliminary conclusions (on-line here). Still, the election did not result in the international crisis seen in recent West Wing episodes. The United States has recognized the importance of Kazakhstan's stability and independence. In December 2001, President George W. Bush and Kazakhstan President Nursultan Nazarbayev issued a statement (on-line here) recognizing Kazakhstan's development as a "basis for regional security." In October 2005, a State Department official cited Kazakhstan's importance in the U.S. strategy for Central Asia, saying that the U.S. government believes that "Kazakhstan has the potential to emerge as a regional leader in powering economic growth, promoting tolerance, and perhaps even advancing democratic reform. Our vision is of a reforming and prosperous Kazakhstan, leading a new corridor of reform in Central Asia by spearheading energy, trade and investment in Kyrgyzstan, Tajikistan and other neighboring countries." (statement on-line here). To that end, the United States has contributed about $95 to 115 million a year to Kazakhstan for democratic, economic, and security related programs (an assessment of FY 2004 contributions is on-line here). (back to top)		Home / Calendar The West Wing The Daily Show with Jon Stewart The Colbert Report Saturday Night Live Commander in Chief Law & Order * Issues Resources Site FAQ Search via Google Ripped from the Headlines? West Wing: Santos discusses a lawsuit about intelligent design West Wing: Electoral map as of the 10/9 episode; Santos needs to catch up big-time SNL: The Miers nomination South Park: Inspired by Katrina Boston Legal: End to assault-weapons ban Daily Show: A 2004 study found that 21 percent of young people regularly get their campaign news from comedy shows like the Daily Show with Jon Stewart and Saturday Night Live. So, some footnotes. NOTE: All photos are copyright their respective owners.
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