John Dean: Bush's Commutation Conflicts With His Own DoJ Guidelines
By Logan Murphy Thursday Jul 05, 2007 8:04pm
Last night on "Countdown" former Nixon White House Counsel John Dean spoke to Keith about the lingering issue of whether or not Scooter Libby will be given any probation time now that President Bush has commuted his sentence. The Bush administration's tendency to follow the law as they feel it should be might present big problems to the Judicial branch. According to Dean, the sentencing guidelines Bush used in his commutation are in direct conflict with his own DoJ, and may mean that Judge Walton has no way to institute probation since by definition, probation is awarded at the end of prison time, which Scooter doesn't have to worry about. Now, attorneys all over the country who are defending clients facing similar charges will very likely use what are already being referred to as "Libby Motions" to lower or negate any potential prison terms for their clients.
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Dean also points out that White House Counsel Fred Fielding either did a very shabby or very sneaky job of handling the details of Libby's commutation, as it is hard to believe that someone as experienced as Fielding wouldn't anticipate the confusion we see now. I guess it really doesn't matter to them in the long run, their buddy Scooter will do zero prison time for his part in treasonous crimes against his country while Paris Hilton spent nearly a month in jail for a parole violation. They must be proud...
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DUDE!!!
8)
Me thinks ye means "Countdown"
Correction, he spoke on Countdown. Shuster was on tonight. I don't watch Hardball without David Shuster as the host.
Now that would be rich,,, seeing paris hilton sue the US goverment, due to the libby /bush get out of jail free card.
Paris dear,, you have been screwing the wrong ppl to even qualify for such a privilege. I hear jeg gannon might able to help paris,,,,,or lindsay say the next time they face the judge.
´´Jeff ´´ too
Friar Tuck @ 5:
Hilton would have no reason to sue the US government. She was convicted under the California penal code.
If the fine is paid and there's no probation, does Scooter lose his 5th amendment protection? It would seem that the Senate could grant him immunity for anything else he says. That could prove interesting...
andy K
that was a snark comment ,, please be able to tell the differance ok?
danke :)
dataman @ 8:
Standard operating procedure if you are repug. Different circumstances if you are democrat.
What about Martha Stewart? She did her time.
jcloud @ 11:
true but martha didint help cover up lies over a war either, and lie and cheat and steal into congress some bills that were passed, and not to mention didint OUT a cia agent while in the feild.
"...while Paris Hilton spent nearly a month in jail for a parole violation."
I don't think I'd use Paris Hilton as a contrast. She's more a part of the same phenomenon. Rich people who assume they're above the law.
Just a couple of weeks ago, I was having lunch with a friend who jokingly remarked that he was expecting a Libby pardon at any moment. His reasoning was that the public seemed to be outraged at Paris Hilton for being a spoiled child who seemed to just assume that law was something for peons, not herself.
"Bush always does precisely the worst thing at precisely the worst time", he said, so that Paris Hilton atmosphere seemed the most disastrous time for Bush to pardon his crony. He was a little off, though- he didn't realize that Bush could make it even worse by waiting just a few days for the July 4th tie-in insult.
John Dean is a lovely man. He gets better with age, like fine wine.
O.T.
anyone else here watching the LIVE EARTH concert? it kicked off ohh about 30 mins ago live from australia.
Friar Tuck @ 12:
Do you mean that if Martha had done all these lies and treasonous things she wouldn't have had to do time?
http://myfightfordemocracy.blogspot.com/2007/07/new-declaration-of-indep...
Does that mean you can lie your butt off to law enforcement folks and then plead the defense I'm a nice person just like Mr. Libby deal and there you go....
No harm, no foul?????
Fielding may be a great corporate lawyer, but he's no expert on federal sentencing law, which is immensely complicated and difficult to understand. This commutation scheme was hatched in secret and apparently only three or four people were privy to what was going on. Bush is too much of an idiot to have a clue about what he was doing, so he left it up to Fielding and a couple of Bush's dumber aides, so Fielding -- who for the past forty years as a partner in a big law firm has depended on overpaid young associates to do all his legal research for him -- had to wing it. Not to put too fine a point on it, but Fred fucked up.
It's as though there's a Cone of Stupidity that descends around everyone who comes within range of C-Plus Augustus that guarantees that, no matter how smart his advisors might be in the outside world, in Bushworld they lose a good 50 I.Q. points and do stuff like commute a sentence without having any notion as to how that will screw up the complicated sentencing system that the D.O.J. and Congress spent years creating.
The Bush Administration actually caring about the consequences of its actions?!?!? Puhlease, hardly. The rule of law merely gets in the way. Just look at all those signing statements...nuff said.
The only two people whose sentences were commuted by bush:
1. Scooter Libby, infamous traitor
2. Henry Lee Lucas, infamous serial killer, finally convicted for murder of female victim known as Orange Socks, spared execution -- the only one!! -- by then governor bush
It is surprising, in a way, that bush allowed the hanging of Saddam to go forward, considering how he loves people with bloody hands, but then again, their underlying battle was basically a pissing contest between two rabid skunks.
Friar Tuck @ 12:
Friar Tuck @ 12:
I hope that Scoots at least has to perform community service. I recommend janitor at CIA headquarters in Langley. That should put the fear of God in him.
I watched C-Span in total embarrassment when Sen Cronyn of Texas was so utterly rude to Mr. Dean during a committee hearing (subject of which I don't remember -- dadburn it)... He acted like talking to an "ex-felon" was actually causing him physical pain. (Or he could have been suffering from hemorroids, I don't know)... Wonder if he will be as intolerant if ever Libby is before his committee, or if he will fawn all over him. My money is on the later.
I'd like a Constitutional expert like Dean to look at the legality of the commutation.
The Constitution places one limitation on the Presidential power to grant a pardon or reprieve - except in cases of impeachment. Clearly this is meant to prevent presidential interference in any impeachment proceeding - not just those against the president. Libby's crimes were committed as part and parcel of a criminal conspiracy set in motion by his boss Vice President Cheney. Vice President Cheney is the subject of an impeachment bill - H Res 333 - introduced by Dennis Kucinich with 13 co-signers.
Surely the Constitutional exception to the president's pardon and reprieve powers would be meaningless if it allowed the pardon - or commutation - of those who obstruct justice in cases of impeachment. Does that make sense? No pardons in cases of impeachment, but pardons are OK for obstruction of justice in cases of impeachment?
I don't think so.
The Libby commutation is illegal.
Roket @ 22:
Maybe some very public place like how that guy Boy George did his community service....
Also perhaps some fashion tips from George O'Dowd too would be a nice finishing touch.....
Blue Mark @ 24:
I am waiting for Fitz to say that very word....
"Illegal"
Go Fitz Go!!!!!
[...] Efron Link to Article paris hilton John Dean: Bush’s Commutation Conflicts With His Own DoJ Guidelines [...]
Well, Martha Stewart is female, liberal and close to the Clintons. So, the other guidelines apply to her. You know, the ones reserved for the NON Old Rich White Men. As noted, Paris almost got to use the ORWM guidelines. But there was an outcry and they hauled her back into the slammer. I mean, we are a nation of laws and we have to draw the line somewhere... (sigh)
Oh...and let's not forget Skanky Judith Miller. She almost got to use the Good Ole Boy Guidelines, but she is female. Thus, she really does not belong in the club.
If I were Scooter, I would take out a big life insurance policy.
Blue Mark @ 24
I'll admit that you get points for cleverness. ;)
The limitation that a president cannot grant pardons or reprieves in "cases of impeachment" means that the president may not pardon or otherwise lessen the sentence of someone convicted of a crime via trial by impeachment. For instance, if Kucinich's bill to impeach Darth Cheney were to pass, and the Senate were to convict said Sith Lord, the Oval Office Orangutan would have no authority to pardon him. Even if the guilty verdict in the Senate led to further criminal convictions in the federal courts.
The limitation would not extend to someone who was convicted in a federal court of obstructing justice in an impeachment trial.
But what the hell? At this point, why not make the argument if a court will hear it? The Shrub Maladministration makes everything up as it goes along, so why shouldn't we? (I know, I know. Really, I know the answer to that.)
By the way, a little known fact: At the Constitutional Convention, "maladministration" was suggested as a valid reason to impeach the president. Some attendees wanted to add it to the list of impeachable offenses, which, at that point, included only treason and bribery. It was rejected as so vague a word that the president would ultimately serve at Congress' pleasure, though its advocates did keep pushing. Eventually the term "high crimes and misdemeanors" was added. :)
Has fear of prison got you all constipated? Sounds like you need some GWB Brand Laxative. It's patented faith-based rectum-kneading technology goes to work right away. In just minutes, you'll be plopping commutations like it's the End Times.
Warning: may cause high blood pressure and chronic simulated vomiting in others. Do not operate heavy machinery or hunt with Dick Cheney.
Available in three flavours: mint, turd blossom, and undisclosed.
[...] Clark Link to Article george w bush John Dean: Bush’s Commutation Conflicts With His Own DoJ Guidelines [...]
Do we finally have an "appearance of impropriety" that we were promised by GWB in 2001 the 'adults in charge' would avoid by being ethical with transparent governance?
Just curious, If Libby has already paid his fine and Bush decides to pardon him.....Does he get a refund?
What happens when the Democrats retake the White House in '09? If Congress doesn't act to limit Bush's powers now, the next president will be immensely more powerful than Bill Clinton ever was! Now I want all Neo-Con-men to think about this for a moment: You've all behaved like assholes for the last 10 years or so, and now Hillary's gonna have all the executive power Cheney's grubbed for the past six years! HAHAHA Can you spell I-R-O-N-Y? The balance of power in our country will be forever damaged. We have Cheney's slimey ways to thank for the distortion of Executive powers we're seeing now.
Bush and his master the Dark Lord will have Libby killed before they allow him to speak.
And someone thought Bush was going to be consistent? Honest? Keep a promise? Do the right thing?
Nah.
I believe she was on probation not parole.
EVIL IS AS EVIL DOES,MAKES NIXON AND THE BOYS LOOK LIKE SWEETHEARTS,THESE ARE NOT REPUBLICANS IN THE WHITE HOUSE,RON AND DWIGHT ARE ROLLING IN THEIR GRAVES.THESE FEDERALISTS HAVE BEEN AT IT FOR A LONG TIME,THEY ALMOST SUCKERD RON BUT HE WOKE UP JUST IN TIME TO SAY I DONT REMENBER,TRAITORS.I USE TO ADMIRE SOME OF THE OLD REPUBLICAN GAURD WHO HATED THE RUSSIANS AND HATED TAXES,THESE GUYS STILL HATE TAXES IF ITS ON THE RICH NOT THE MIDDLE CLASS THAT THE HELPED THEM IN THE FIGHT AGAINST THE POOR IN THIS COUNTRY AND NOW THE MIDDLE CLASS IS IN THE SAME POSITION.I AM NO LONGER A REPUBLICAN(INDEPENDENT)MR V.P. WE DONT NEED ANY WATER FROM MEXICO.
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