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White House backs pardon, reversal of LI realty scammer

This story was reported by MICHAEL AMON, JAMES BERNSTEIN, PATRICK WHITTLE and SUMATHI REDDY | It was written by AMON and BERNSTEIN.

December 26, 2008

The White House yesterday defended its actions in the case of Isaac Robert Toussie, the Brooklyn developer convicted of a large-scale Suffolk real estate scam, who received a pardon from President George W. Bush on Tuesday, only to have Bush reverse the pardon the next day.

White House spokesman Tony Fratto said in a telephone interview that Bush "followed the process" in granting the pardon and reversed himself only after he learned from news reports that Toussie's father had made political contributions to the GOP. He said Bush was "not aware" of the contributions when the pardon was granted. "It [the contributions] had the potential to create at least the appearance of impropriety," Fratto said.

Fratto said the request for the pardon came from Toussie's attorneys. He acknowledged that U.S. Pardon Attorney Ronald L. Rodgers had not made a recommendation on the Toussie case, and that Bush believed Rodgers should have an opportunity to do so. Fratto said the pardon application was reviewed by White House counsel Fred F. Fielding. Fratto said it was "not unusual for people to bring requests directly" to the White House counsel.

Rep. Peter King (R-Seaford) said yesterday that he was pleased Bush reversed the pardon. "What he [Toussie] had done was pretty unforgivable," he said. He said he did not know how Toussie's name had come up for a pardon. "This came out of nowhere," King said. "I'm still trying to figure it out."

Bush reversed Toussie's pardon after learning more about the nature of Toussie's crimes and political contributions to the GOP this year by Toussie's father, Robert Toussie.

Beverly Sanchez, 42, one of hundreds of minority home buyers who said they were fleeced by Toussie, expressed delight Wednesday. "There is a Santa Claus after all," said Sanchez, who bought a low-lying property in Gordon Heights and has suffered flooding and mold because of poor construction.

White House spokeswoman Dana Perino said she is not aware of a pardon reversal occurring in the past. Perino said Toussie's pardon application will go to Rodgers, who can advise Bush to accept or reject it. Bush is not bound by Rodgers' recommendations.

Fielding had reviewed Toussie's pardon application "and believed, based on the information known to him at the time, that it was a meritorious application," said a White House statement on Christmas Eve.

Robert Toussie gave $37,700 to GOP causes this election year, including $28,500 to the Republican National Committee in the spring. He also gave the maximum $2,300 contribution to presidential nominee John McCain and three candidates in tight congressional races last month.

Issac Toussie, 37, pleaded guilty to charges in two separate federal cases and was sentenced to five months in prison and five months of home detention in 2001. In 2005, Roslynn R. Mauskopf, then the U.S. attorney for the Eastern District, in Brooklyn, recommended against an application by Toussie seeking an early end to his 3-year supervised-release term.

Toussie was accused of duping minorities into buying homes in Suffolk with inflated values. He pleaded guilty to a count of falsifying loan documents that illegally qualified 100 home buyers for Housing and Urban Development-backed mortgages. He also admitted his involvement in a scheme to inflate the value of the Chandler estate in Mount Sinai, which Suffolk's land acquisition program bought for $5 million in 2000.

Toussie's attorney Bradford Berenson, former associate counsel in the Bush White House, said in a statement: "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."

Assemb. Ginny Fields (D-Oakdale) said Toussie's actions led to an overhaul of the county's land acquisition program, bringing it to a virtual halt. "It was unbelievable to have a local guy who basically paralyzed Suffolk County in our preservation efforts to be pardoned," she said.

Of Presidents and Pardons

Some presidents, like Gerald R. Ford, are remembered almost entirely for the pardons they granted. Others, like Bill Clinton, saw their reputations hurt by their pardons. And others, like Andrew Johnson, are recalled for the generosity of theirs. Here's a look at a few presidents and pardons:

GEORGE W. BUSH. Before this week, George W. Bush granted 190 during his eight years in office, fewer than half as many as did Clinton in his two terms.

BUSH, PREEMPTIVELY. In 2007, Bush pardoned I. Lewis "Scooter" Libby, who had been indicted on charges of obstruction and perjury for his grand jury testimony regarding the leak of the identity of covert CIA officer Valerie Plame. [CORRECTION: President George W. Bush commuted the sentence of I. Lewis "Scooter" Libby. An item Friday said that Libby was pardoned. (A13 ALL 12/27/08)]

CLINTON. In 2001, Clinton pardoned Marc Rich, a commodities trader who had been found guilty of tax evasion and illegal oil trading with Iran. Rich had been living outside of the United States for 20 years when we was pardoned.

FORD. Undoubtedly the biggest presidential pardon in American history came in 1974, when Ford pardoned President Richard Nixon for his role in the Watergate scandal. The pardon cost Ford his re-election.

REAGAN. New York Yankees owner George Steinbrenner received a pardon in 1989 from Ronald Reagan. Steinbrenner was found guilty of making illegal campaign contributions to Nixon's 1972 re-election campaign.

WASHINGTON. In 1795, George Washington pardoned citizens who were found guilty of participating in armed rebellion to protest high alcohol taxes.

ANDREW JOHNSON. In 1865, Andrew Johnson pardoned most citizens of the Confederacy who had participated either directly or indirectly in the Civil War.

HARDING. Warren Harding in 1921 pardoned Eugene Debs, an American union leader and socialist. Debs was found guilty of violating the Espionage Act of 1917.

TRUMAN, CARTER. Harry Truman in 1950 commuted the death sentence of Oscar Callazo to life imprisonment. Callazo had attempted to assassinate Truman and killed a White House security officer. Jimmy Carter granted Callazo clemency in 1977.

NIXON. In 1971, Nixon commuted the prison sentence of labor leader Jimmy Hoffa provided Hoffa took part in no union activities until 1980. Hoffa was serving a 15-year sentence for attempted bribery of a grand juror.

- JAMES BERNSTEIN