Begging Libby's Pardon

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When President Bush issued holiday pardons for 19 miscreants past and present on Tuesday, former Cheney chief-of-staff Scooter Libby wasn't among them. But with the two year campaign by right-wing pundits, GOP politicos and even Republican White House hopefuls now reaching a crescendo, Libby may yet get his slate wiped clean by the outgoing President. And to be sure, nothing in George W. Bush's past statements would suggest the Plamegate felon won't get the same Weinberger treatment the President's father offered the Iran-Contra crowd this week 16 years ago.

The drumbeat to save Scooter started anew on the editorial pages of the Wall Street Journal. While Libby was convicted for perjury and obstruction of justice in the investigation into the retaliatory outing of covert CIA operative Valerie Plame, the Journal portrayed the criminal as martyr and the President's July 2007 commutation of Libby's sentence as a "half measure." Bush, the WSJ argued, should undo the "injustice inflicted" on Libby:

The judgment by a Washington, D.C. jury was more a verdict on the Bush Administration than it was about the confusing facts of Mr. Libby's alleged deceit. The Plame affair was a proxy for the larger political dispute over Iraq, and Mr. Libby became the Beltway sacrifice. By trumpeting his guilt, critics were able to impugn Mr. Bush's policies by insisting the President had "lied us into war"...

...In this dark episode, an honest man became the fall guy in a larger political war over the war. Mr. Libby deserved better -- and Mr. Bush owes it to Mr. Libby, and to future occupants of the White House, to give him a full pardon.

Writing in U.S. News, reliable Republican mouthpiece Michael Barone regurgitated the Journal's dishonest plea to rehabilitate Libby from the taint of his own law-breaking.

Writing on the same day Murray Waas revealed Vice President Cheney's essential role in authoring White House talking points to deflect Ambassador Joseph Wilson's damning July 2003 charges about bogus claims of Iraq seeking uranium in Niger, Barone announced, " Libby was a dedicated and hypercompetent public servant who was brought down by a prosecutor investigating a scandal that wasn't a scandal." (Conservatives, of course, would learn to love U.S. attorney Patrick Fitzgerald when his target was Illinois Democratic Governor Rod Blagojevich.) Barone concluded by begging, "please, Mr. President, pardon Scooter Libby."

Of course, these are just the latest salvos in the right-wing war to liberate Libby that began long before his conviction in March 2007 and sentencing that June. And as is usually the case, it was Weekly Standard editor and New York Times columnist Bill Kristol who was leading the charge.

On September 3rd, 2006, Kristol pleaded Libby's case on Fox News. Repeating the right's "criminalization of politics" and "no underlying crime" talking points, Kristol insisted:

"Bush should pardon Libby. He should do it now. It would be fantastic. The Democrats would go crazy."

In March 2007, Kristol argued that President Bush needed to come to Libby's defense because "Fitzgerald will keep repeating that there's a cloud over the White House." Anything less than a pardon, he insisted, would "demoralize his supporters":

"Not to pardon him and to go into a defensive crouch, which is where the White House is now, is to leave that cloud hanging over his White House and over the war."

When Bush ultimately issued his commutation and erased Libby's 30 month prison sentence that July, Kristol lauded the President's "courageous decision." Blasting "all the screaming and yelling" from Americans opposed to the commutation as "ridiculous," Kristol proclaimed Libby should not serve time in jail "for having a different recollection about a conversation with Tim Russert, which is the only thing he was indicted or convicted on."

Of course, Kristol was far from alone in the Republican jihad to free Scooter. On March 6, 2007, Kristol's fellow-traveling editor at the Weekly Standard Fred Barnes demanded a pardon for Libby because the Cheney chief-of-staff "didn't really seriously impede the investigation." In the summer of 2007, virtually all of the Republican presidential candidates called for Bush to pardon Libby. (Chief among them was Fred Thompson, an advisor, fundraiser and spokesman for the Scooter Libby Legal Defense Fund.) And Congressman Darryl Issa (R-CA) went so far as to accuse Valerie Plame herself of perjury, charging:

"I believe that his wife will soon be asking for a pardon. She has not been genuine in her testimony before Congress, if pursued, Ambassador Wilson and Valerie will be asking to put this behind us."

As for President Bush, nothing in his past comments about the Libby imbroglio suggest a strong aversion to a pardon before exiting the stage on January 20.

After all, Bush while discussing the leak of Plame's identity on October 7, 2003 stated that "I don't know if we're going to find out the senior administration official." When Libby was indicted on October 28, 2005, President Bush responded to his subsequent resignation by announcing, "We're all saddened by today's news" and heaped praise upon the soon-to-be convicted felon:

"Scooter has worked tirelessly on behalf of the American people and sacrificed much in the service to this country. He served the Vice President and me through extraordinary times in our nation's history."

After Libby was sentenced in June 2007, President Bush did not bemoan either his crimes or the betrayal of the American people. Instead, Bush repeatedly lamented "a sad day for him, and my heart goes out to his family."

But it was Bush's statement of executive clemency on July 2, 2007 which revealed his inclinations over Libby's fate. While proclaiming Patrick Fitzgerald "a highly qualified, professional prosecutor who carried out his responsibilities as charged" and his own "respect [for] the jury's verdict," Bush gave short shrift to those who "argue, correctly, that our entire system of justice relies on people telling the truth." Instead, Bush emphasized the straw-man arguments of Libby's conservative apologists:

"Critics of the investigation have argued that a special counsel should not have been appointed, nor should the investigation have been pursued after the Justice Department learned who leaked Ms. Plame's name to columnist Robert Novak. Furthermore, the critics point out that neither Mr. Libby nor anyone else has been charged with violating the Intelligence Identities Protection Act or the Espionage Act, which were the original subjects of the investigation. Finally, critics say the punishment does not fit the crime: Mr. Libby was a first-time offender with years of exceptional public service and was handed a harsh sentence based in part on allegations never presented to the jury."

For its part, the White House made clear that President Bush may still have more pardons up his sleeve. "I think the president has maintained his authority to do that until," spokesman Tony Fratto said Tuesday, "until his last day as president." Until that time, Bill Kristol, the Wall Street Journal and their allies among the conservative chattering classes will keep up their 30 month campaign (ironically, the same duration as Libby's original sentence) urging Bush to pardon Scooter Libby.

(This piece is crossposted at Perrspectives.)



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29 comments

"an honest man" my ass.

Who will pardon the WSJ?

Suzan

Let us see what Bush does, but I've no doubt that he'll want to pardon Libby and other members of his administration.

What I'm wondering is whether any watchdog organization will challenge the pardons of people in his administration who were following his administration's illegal orders/policy, etc. I hope Obama's Supreme Court choices reject the "unitary executive" claim that results in lawbreaking and violations of the Constitution. America needs to get this matter straight once and for all so we can move ahead. We never will if Obama doesn't do it.

how bush is going to 'erase' the memories of 300 million + people?

TV 'n' beer.

No problem for HIM.

He is without a conscience.

Does a Presidential Pardon require the applicant to admit GUILT? That is what I want to see if the man is pardoned.

like Cheney's admissions?

Some people believe he's making these public statements now, admitting his guilt for illegal actions, so that Bush will have grounds to pardon him.

However, legal guilt is not established except at a trial, so maybe his "admissions" can be used to prosecute him after he leaves office.

Pappy Bush pardoned former Defense Secretary Caspar Weinberger before he even went to trial!!

This information is from SourceWatch, though it was written some time ago.

....on the subject of whether or not President George W. Bush is likely to issue many Presidential Pardons during his term, Jurist International Law has this to say:

"No. For one thing, his father (George Herbert Walker Bush) issued very few (77) when he was in office. For another, during his prior term as Governor of Texas, George W. issued fewer pardons than any Texas Governor since the 1940s (16 up to January 2000, as opposed to 70 for his immediate predecessor Ann Richards, 822 for 2-term governor Bill Clements, and 1048 for John Connally, Texas governor from 1963-69).

"In a January 2000 interview with reporter Jay Root of the Austin Star-Telegram, Governor Bush explained that his low number of pardons 'comes not from political calculation but from pardoning Steven Raney in 1995 for a 1988 marijuana conviction. A few months after being absolved of his crime, the unpaid Ellis County constable was caught stealing cocaine from a drug bust. 'That caused a complete review of the process,' Bush said. 'I have nothing against pardoning. I just haven't been very aggressive on it. There's no philosophical reason. It's just that it kind of slowed us down initially. I said, `Whoa!' because it was a pretty rough story."

Still, Bush pardoned a couple of questionable characters who had essentially been convicted of fraud, others for very minor offenses, like setting back an odometer and selling moonshine. "Others included a former postal clerk who became a Christian youth minister after stealing money from the mail to buy heroin, and a Wisconsin man who refused the military draft in 1957 because he was a Jehovah's Witness minister."

Just because he didn't pursue pardons aggressively earlier in his career doesn't mean he won't pursue them aggressively now.

The Pardon of Weinberger

From page 2, where Bush Sr. states that there was a full investigation of the Iran-Contra affair that he must have thought showed no wrongdoing, and THAT's why he pardoned Weinberger:

Some may argue that this decision will prevent full disclosure of some new key fact to the American people. That is not true. This matter has been investigated exhaustively. The Tower Board, the Joint Congressional Committee charged with investigating the Iran-contra affair, and the independent counsel have looked into every aspect of this matter. The Tower Board interviewed more than 80 people and reviewed thousands of documents. The Joint Congressional Committee interviewed more than 500 people and reviewed more than 300,000 pages of material. Lengthy committee hearings were held and broadcast on national television to millions of Americans. And as I have noted, the independent counsel investigation has gone on for more than six years, and it has cost more than $31 million.

Bush Jr. cannot make such a claim that the wrongdoing of his administration has been extensively investigated, since in many cases, they've refused to cooperate in investigations and refused to provide information and requested documents, particularly about torture, claiming national security and executive privilege. Those two claims are likely to be the defense he'd use if he pardons anybody.

And one more legal argument, this one from Alexander Hamilton:

Alexander Hamilton defended the pardon power in Federalist 74, suggesting that "the fate of a fellow-creature depended on his sole fiat, would naturally inspire scrupulousness and caution [in the president]." A FELLOW CREATURE is clearly NOT the president himself. Hamilton discussed the possibility of "the secret sympathy of the friends and favorers of the condemned person, availing itself of the good-nature and weakness of others [were the pardon power to be given to more than a single individual]." Clearly the CONDEMNED PERSON is someone other than those holding the pardon power and is someone who has ALREADY BEEN CONDEMNED. Hamilton discusses the possibilities of pardons only "when the laws have once ascertained the guilt of the offender." A preemptive pardon was not even imagined by this discussion. A pardon simply was something done after a conviction. Hamilton called pardons "exceptions in favor of unfortunate guilt." Guilt comes after a trial, not before. Hamilton concludes his essay thus:

"[I]t would generally be impolitic beforehand to take any step which might hold out the prospect of impunity. A proceeding of this kind, out of the usual course, would be likely to be construed into an argument of timidity or of weakness, and would have a tendency to embolden guilt."

What's with the witch hunt?? Dammit, all Libby did was commit perjury regarding the retaliatory outing of a covert CIA operative and obstruct justice!

It's not like he lied about something really serious like whether or not he got his dick sucked.

heh heh

One thing is for sure. No one can change the fact that Scooter Libby was found guilty by a jury of his peers. The rest is semantics, and scootin.

Didn't they used to hang people when they committed treason?

I heard Bush revoked one of his pardons. How cruel is that?
One minute you are pardon and the next you get a letter saying "sorry...this might be too embarrassing so you are no longer pardoned"

Another "Heck of a Job" administration in action.

http://news.yahoo.com/s/ap/20081225/ap_on_go_...

Surprisingly the guy's family donated bucks to Rethugs just before the pardon. Since when does the perception of impropriety matter to someone like bush?

... had already served his time, and only wanted to "clear his name." And it's not a case I care about ... but ...

But it leaves me wondering -- does the President have the power to revoke a pardon once it is granted?

I mean, hey, a pardon wipes the slate clean as if a crime never took place. Then Bush turns around, and hangs a criminal record right back on him -- doesn't it take a jury to do that?

It just seems spooky and somehow not legal. Then again, I often get that feeling about Bushco incompetence.

an honest man became the fall guy in a larger political war over the war

Well how about the "honest man" telling it all. Tell the people of this country everything-- every dirty trick and foul lie that came out of Cheney's office. Then perhaps he can be pardoned by President Obama.

You know, I've never understood even a little bit why the presidential pardon even exists. I sort of thought that the whole point of our constitutional democracy was that we weren't into giving single people the power to decide what was and wasn't legal. Isn't that, you know, what kings do? And isn't that why passing a law requires passing, in one way or another, every branch of government?

So how the hell come can one person who is a coequal branch of government decide that the entire legal system of the country doesn't count in certain cases? I don't care if it's Ghandi getting pardoned--if a jury of one's peers has found one guilty of a crime according to the laws of the land as set down by Congress and not vetoed by the president and not struck down as unconstitutional by the Supreme Court, then where does that single person get off saying "actually, nope, none of that matters."

I'd love to see some outgoing president pardon, say, the entire body of people currently in prison on marijuana use violations. The right wing would be quick to remove the power entirely in a case like that, and then NOBODY gets off unfairly.

Stupid, stupid system.

Scooter is the taint between bush and cheney.

The current Law wont allow Libby to get a pardon. Yes Bush can again break the Law but there's that Pat Fitzgerald standing in the way. Yes if you followed the Libby case Pat left some charges out for later. Pat also left charges for Cheney to be filed after he leaves office. Fitz is so smart and cool he save some charges for later. Remember Karl Roves has nightmares about Pat Fitzgerald. Now the Journalist and Washingtonpost can ask but the current law wont allow puppet Scooter Libby to get a pardon and Uncle Ted Stevens is out too. I wonder if Duke Cunningham and Jack Abramoff sent in their request? Maybe Ken Lay will get a pardon so he can come back from the island he's on right now. The fake death is so old school.

Since Scooter Libby used to be Marc Rich's lawyer, maybe Rich should pen his own warm WSJ editorial, begging for Scooter's pardon too.

The super hypocritical ironic magnitude factor will cinch it.

The sitting President should have to be able to read, comprehend and fully understand the legal brief on each case.
Otherwise, it's like going hunting and shooting your lawyer in the face.

Let's not forget that Scooter was Mark Rich's attorney when Clinton pardoned Rich!

He'll pardon Libby. The anti-social adolescent in Chimpy can't resist giving 75% of Americans the middle finger on his way out.

On the very last day about 30 mins before he walks out of the building Bush will have pardoned Libby, Rummy, and Cheney. All his close friends and fellow evildoers. Youbetcha.

Let's not talk about this too much.

It's more fun watching them sweat bullets wondering what we are about to do to them.

I hope the incoming administration loves the Constitution and the Rule of Law as much as THE PEOPLE DO.

If Congress had done their duty when Congressman Dennis Kucinich had brought forth articles of impeachment this talking point of whether Libby should be pardoned would not be taking place now.

Funny how these war criminals can end up looking so virtuous when we allow these things to drag on so long. Perhaps thats why they say, "Justice delayed is Justice denied.

Is everyone forgetting why his case was commuted and not pardoned in the first place? By pardoning Libby, he can no longer use the 5th amendment as a defense against testifying. If I were Obama, I would pardon him completely for all activities related to Plame, but not for future crimes committed. So Scooter must disclose everything or go to jail for obstruction or contempt of court.

In regards to why we have the pardon at all, I heard a great line from a judge, I wish I remembered who, who said "The law is a digital solution in an analog world." Pardons help increase the digital sample rate.

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