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-   -   libby sentence commuted - why the fuss? (https://thetfp.com/tfp/tilted-politics/120456-libby-sentence-commuted-why-fuss.html)

irateplatypus 07-02-2007 06:57 PM

libby sentence commuted - why the fuss?
 
undoubtedly the recent partial commuting of scooter libby's sentence will provoke a lot of passion on this board and elsewhere. can someone explain to me what all the mania is about?

scooter libby was investigated thoroughly for years and years. the prosecution found NOTHING related to national security leaks for which mr. libby could be held legally accountable.

he was eventually indicted on 5 offenses, all of which supposedly occurred DURING the investigation of a incident for which the prosecution couldn't build a case against him. in the end, he was convicted of 4 of the 5 counts and sentenced to 30 months in prison, 2 years probation and a $250K fine. keep in mind that these punishments were given in response to obstructions during the investigative process... not for being guilty of the crime for which he was being investigated.

so, very recently, the president has decided to partially commute mr. libby's sentence. the prison time was commuted though he will still endure the 2 years probation and the $250K fine. mr. libby has endured years of public scorn and has undoubtedly racked up thousands upon thousands of dollars in legal fees. all these miseries rooted in being suspected of a crime for which a federal prosecutor can't prove he committed.

in the course of all the moaning and groaning to follow, many people will fool themselves into thinking that their indignation is rooted in a commitment to rule of law. in fact, given the historical usage of presidential pardons, this is in fact a very mild application. president clinton pardoned 140 in his two terms. president bush, by comparison, has exercised the privilege less than 115 times.

the list of pardonees is particularly striking. mr. libby is the current president's first notable pardon. president clinton's roster includes 2 democratic congressman, several close business associates (some of whom were dealing with iran during the hostage crisis), and his own brother. pretty big stuff compared to mr. libby pardon of obstruction of justice.

it's plain that given the history of pardons, the current outrage at libby's pardon is entirely a cynical political maneuver. that, or a manifestation of a personal dislike for the sitting president. in any case, it does not take into account a sober judgment of the circumstances of the situation.

the only way to justify outrage is to view this as just another abuse in a long string of abuses. given the absolute silence at some recent examples of pardons being used more liberally, it will be difficult to make that case without employing strictly partisan motivations.

host 07-02-2007 07:15 PM

irateplatypus, where do you get the opinion that is so contrary to what special counsel Fitzgerald, the judge, the grand jury, and the convicting jury determined happened? I find nothing similar to it, except in opinion pieces....

Quote:

Originally Posted by irateplatypus
.....scooter libby was investigated thoroughly for years and years. the prosecution found NOTHING related to national security leaks for which mr. libby could be held legally accountable.

he was eventually indicted on 5 offenses, all of which supposedly occurred DURING the investigation of a incident for which the prosecution couldn't build a case against him. in the end, he was convicted of 4 of the 5 counts and sentenced to 30 months in prison, 2 years probation and a $250K fine. keep in mind that these punishments were given in response to obstructions during the investigative process... not for being guilty of the crime for which he was being investigated.....

Libby was obviously convicted of blocking the investigation from determining asnswers to the questions detailed in Fitzgerald's senyencing memorandum.....why is that so hard for you to accept....and do you think that the investigation should have simply stopped when Libby blocked the path to obtaining answers?

Are you not aware that others have been convicted and sentenced. in other cases, for soing exactly what Libby was convicted for doing?

<h2>If you were Fitzgerald, how would you have reacted when it became obvious that Libby was lying and obstructing?</h2>

....but, Libby, Fitzgerald said, after the jury had already convicted him, chose not to do what everyone else who was questioned, seemed to be doing..... on page 4 of the sentencing memorandum, what Fitzgerald told the court, Libby decided to do, instead.....at every opportunity......</b>

Judge Sentelle...the guy who committed the ethics breech by pushing out republican watergate prosecutor Fiske, and replacing him with the compromised incompetent, Ken Starr...the partisan witch hunter who spent seven years and $60 million to find....????...a man openly bribed by Richard M. Scaife while he was still serving as white water special counsel...... he almost accepted the job as Dean of Pepperdine Law School in Malibu...... but he's there now, isn't he?

....and Sentelle was one of the three judges who today found that Libby did not have a strong enough appeal argument to receive a stay of his sentence....

.....but..... you think that he does deserve a stay or a commutation by our president, because... Armitage ..........

Quote:

http://findarticles.com/p/articles/m...28/ai_18116298


The senator, the judge, his wife and the coverage: Hillary and Bill aren't the only ones with some explaining to do in the Whitewater saga - Sen. Lauch Faircloth, Judge David Sentelle, Pres. Bill Clinton, Hilary Rodham Clinton and the Whitewater case
Washington Monthly, March, 1996 by George III Clifford

In July 1994, Senator Lauch Faircloth and Judge David Sentelle lunched together in the quietly elegant Senate dining room. Just days later, a three-judge panel headed by Sentelle removed Robert B. Fiske Jr., a moderate Republican, from his position as independent counsel in the Whitewater affair - and replaced him with an active Republican partisan, Kenneth Starr.

Sentelle was supposed to be making his decisions free from political influence. Faircloth was a leader of the Republican charge against the Clintons on Whitewater; just weeks before, he had written Attorney General Janet Reno to complain about Fiske. So the lunch raised considerable controversy: Had Faircloth used the occasion to lobby or pressure Sentelle? Fiske's axing - after nine months and $2.5 million worth of work that had yet to produce material damaging to the Clintons - was precisely what Faircloth was after.

A year later came the news that approximately five months after the lunch and Fiske's replacement, Faircloth had hired Jane Oldham Sentelle, the judge's wife, as a receptionist for his Senate office. She had started in January 1995 at a salary of $20,000, which was later raised to $22,500......
Quote:

http://www.cbsnews.com/stories/2007/...n3007498.shtml

......It apparently wasn't too close a question for the appeals court panel -- it was a unanimous decision dismissing the appeal with a one-paragraph order........


Quote:

http://media.washingtonpost.com/wp-s...memo052507.pdf
THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA )
) CR. NO. 05-394 (RBW)
v. ))
I. LEWIS LIBBY, )
also known as Scooter Libby )
GOVERNMENT’S SENTENCING MEMORANDUM
The UNITED STATES OF AMERICA, by its attorney, PATRICK J. FITZGERALD,

.....It was apparent from early in the investigation that classified information relating to
a covert intelligence agent had been disclosed without authorization. Also early in the
investigation, investigators learned the identities of three officials – Deputy Secretary of State
Richard Armitage, Senior Adviser to the President Karl Rove, and Mr. Libby, the Vice-
President’s Chief of Staff – who had disclosed information regarding Ms. Wilson’s CIA
employment to reporters. What was not apparent, however, were the answers to a series of
questions central to whether criminal charges arising from the unauthorized disclosure of Ms.
Wilson’s identity as an intelligence agent were both viable and appropriate. These questions
included the following:
• Were Mr. Armitage, Mr. Rove, and Mr. Libby the only government officials
to disclose information about Ms. Plame’s CIA employment to reporters?


------------------------------------- 2

• Was each particular disclosure by the government officials to journalists
deliberate, reckless or inadvertent?
• How did those government officials learn about Ms. Wilson’s CIA
employment?
• What did those government officials know about the classified nature of Ms.
Wilson’s employment?
• Precisely what information regarding Ms. Wilson’s CIA employment did
government officials disclose to reporters, and to how many reporters?
<h2>• Were the disclosures made as part of a concerted effort to disclose this
information? and
• Did other government officials direct or approve these disclosures?</h2>
Consistent with the seriousness of the allegations, the criminal investigation that
followed sought both documentary and testimonial evidence from a wide range of sources.
The unusual nature and context of this investigation required witnesses to divulge
extraordinarily sensitive information to investigators. The President, Vice President, and
many of their closest advisers met with investigators and disclosed communications and
deliberations that occurred at the highest level of our government. Multiple government
agencies, including the Central Intelligence Agency, disclosed classified information to
investigators. Journalists disclosed sources. Witnesses disclosed sensitive personal
information relevant to the investigation. The need to balance the important and varied
interests affected by this investigation at times led to difficult negotiations resulting in

________________________________________ 3


compromises by both witnesses and investigators, and in the case of certain journalist
witnesses, to litigation over the journalists’ claims of privilege to protect their sources.
In many respects, the manner in which witnesses from the President to ordinary
citizens participated in this criminal investigation, disclosing to investigators information that
few of them were eager to share, with the guidance of the courts when disputes arose, is a
testament to the strength of a fundamental principle of our nation’s justice system: that the
law is entitled to every man’s evidence. Inherent in this principle is the obligation of a
witness to tell the truth, particularly under oath. As the Supreme Court said in United States
v. Mandujano, 425 U.S. 564, 576 (1975):
In this constitutional process of securing a witness' testimony, perjury simply has no
place whatsoever. Perjured testimony is an obvious and flagrant affront to the basic
concepts of judicial proceedings. Effective restraints against this type of egregious
offense are therefore imperative. The power of subpoena, broad as it is, and the power
of contempt for refusing to answer, drastic as that is -- and even the solemnity of the
oath -- cannot insure truthful answers. Hence, Congress has made the giving of false
answers a criminal act punishable by severe penalties; in no other way can criminal
conduct be flushed into the open where the law can deal with it.
See also Nix v. Whiteside, 457 U.S. 157, 185 (1986) (“[t]his Court long ago noted: ‘All
perjured relevant testimony is at war with justice, since it may produce a judgment not resting
on truth. . . .’”) (quoting In re Michael, 326 U.S. 224, 227 (1945)). Despite the many
competing public and private interests implicated by this investigation, and the high stakes
for many of those asked to provide information, witnesses from all stations in life were
required to accept and comply with their legal obligations.

__________________________________________ 4

It is against this background that Mr. Libby’s conduct must be judged. As an
experienced attorney, Mr. Libby knew well both the seriousness of this investigation and the
range of options available to him as the investigation progressed. He, of course, could have
told the truth, even if, as was the case for many other witnesses, doing so risked the
possibility of criminal prosecution, or personal or political embarrassment. He also could
have declined to speak to the FBI agents, invoked his Fifth Amendment rights before the
grand jury, or challenged any lines of inquiry he believed improper. And the evidence at
trial showed that Mr. Libby had access to counsel and had adequate time to review relevant
documents and contemplate his conduct before he testified.
Regrettably, Mr. Libby chose the one option that the law prohibited: he lied. He lied
repeatedly to FBI agents and in sworn grand jury testimony, and he lied about multiple facts
central to an assessment of his role in the disclosure of Ms. Wilson’s CIA employment. He
lied about when he learned of Ms. Wilson’s CIA employment, about how he learned of her
CIA employment, about who he told of her CIA employment, and about what he said when
he disclosed it. In short, Mr. Libby lied about nearly everything that mattered.
These lies had two direct results. First, they made impossible an accurate evaluation
of the role that Mr. Libby and those with whom he worked played in the disclosure of
information regarding Ms. Wilson’s CIA employment and about the motivations for their
actions. Second, the lies required the government to expend substantial time and resources.....

__________________________________________ 5



....and it wasn't Bush "haters" who investigated, tried, convicted, and were sending Libby to jail, was it? Not a one......

powerclown 07-02-2007 07:17 PM

Quote:

Originally Posted by irateplatypus
given the absolute silence at some recent examples of pardons being used more liberally, it will be difficult to make that case without employing strictly partisan motivations.

Hi irateplatypus.
I agree with you about the partisan bit.
On a strictly political level, I can't argue too much against Bush's decision.
It appears quite sound, managing to both assuage the republicans and deny the democrats.

host 07-02-2007 07:19 PM

Quote:

Originally Posted by powerclown
Hi irateplatypus.
I agree with you about the partisan bit.
On a strictly political level, I can't argue too much against Bush's decision.
It appears quite sound, managing to both assuage the republicans and deny the democrats.

....and the reaction to Bush's commutation from Libby prosecuotr, Patrick Fitzgerald:
Quote:

....We comment only on the statement in which the President termed the sentence imposed by the judge as “excessive.” The sentence in this case was imposed pursuant to the laws governing sentencings which occur every day throughout this country. In this case, an experienced federal judge considered extensive argument from the parties and then imposed a sentence consistent with the applicable laws. It is fundamental to the rule of law that all citizens stand before the bar of justice as equals. That principle guided the judge during both the trial and the sentencing.

Although the President’s decision eliminates Mr. Libby’s sentence of imprisonment, Mr. Libby remains convicted by a jury of serious felonies, and we will continue to seek to preserve those convictions through the appeals process.....

Elphaba 07-02-2007 07:50 PM

Those that would continue a willing ignorance are beyond my comprehension.

host 07-02-2007 08:26 PM

Elitist hypocrisy is the enemy of equal justice. I can understand why Bush and Cheney and Libby would embrace it....at least they get something out of it.....but you guys???? How can I ever respect your enabling approval of these criminals using their power to corrupt our system of justice
Quote:

http://www.fedsmith.com/articles/art...ArticleID=1286
A Bad Combination: Machine Guns and Lying to a Grand Jury

By Ralph Smith

The U.S. Supreme Court has rejected a challenge to a 33-month prison term by finding that the prison sentence was within sentencing guidelines. A former federal employee and a decorated Vietnam veteran had argued that a sentence of 33 months was unreasonable because of his special circumstances. (Rita v. United States, No. 06–5754 (June 21, 2007)

<h3>While some might argue that a former military member and federal employee should be held to a higher standard because of the public trust given to such a person, Victor Rita took a different approach.</h3> While his 33-month sentence was at the low end of the sentencing guidelines, he argued that as a former federal employee, he would be vulnerable in prison because he has been involved in government criminal justice work which led to convictions. Presumably, some of those convicted criminals are now in prison and would seek revenge against him.

He also argued that he was in poor health and that he had performance valuable military service and received numerous awards and recommendations during his military service. These three circumstances, he contended, should have led to a more lenient sentence.

But the court did not buy that argument. In an 8-1 decision, it found that a sentence with guidenlines is "presumptively reasonable." The decision by the Supreme Court will make it harder to get similar sentences overturned if they are within sentencing guidelines. The Court had previously ruled that sentencing guidelines were advisory and not mandatory. This decision will eliminate some of the confusion on the issue and is likely to reduce the success of similar appeals in the future.

And what did he do in order to receive a prison sentence?

He made two false statements to a federal grand jury. The jury was investigating a gun company. Prosecutors believed that buyers of a kit, called a "PPSH 41 machinegun ‘parts kit,' " could assemble a machinegun from the kit, and that the company had not secured the necessary permits to import machine guns.

Rita had purchased one of the kits and when he was contacted by the Bureau of Alcohol, Tobacco and Firearms, he agreed to let the agent inspect the kit. But, before, meeting with the agent, he sent back the kit and, instead, substituted a kit that did not amount to a machine gun. The government contended that he lied to the grand jury about his actions and he was convicted for making false statements and committing perjury.


....you know what, you guys make me sick...... my "hobby" is displaying the details, alongside your posts....the "devil" is in the details..... and, I think that it is effective, because we don't see much of your unsubstantiated opinion posted around here, anymore.....but your substantiated opinion always holds the potential of teaching the rest of us something....as I hope you would know....
Quote:

http://www.law.cornell.edu/supct/html/06-5754.ZO.html
RITA v. UNITED STATES (No. 06-5754)
177 Fed. Appx. 357, affirmed.

SUPREME COURT OF THE UNITED STATES

VICTOR A. RITA, PETITIONER v. UNITED STATES
on writ of certiorari to the united states court of appeals for the fourth circuit
[June 21, 2007]

Justice Breyer delivered the opinion of the Court......

..... In the present case the sentencing judge’s statement of reasons was brief but legally sufficient. Rita argued for a downward departure from the 33-to-41 month Guidelines sentence on the basis of three sets of special circumstances: health, fear of retaliation in prison, and military record. See App. 40–47. He added that, in any event, these same circumstances warrant leniency beyond that contemplated by the Guidelines.

The record makes clear that the sentencing judge listened to each argument. The judge considered the supporting evidence. The judge was fully aware of defendant’s various physical ailments and imposed a sentence that takes them into account. The judge understood that Rita had previously worked in the immigration service where he had been involved in detecting criminal offenses. And he considered Rita’s lengthy military service, including over 25 years of service, both on active duty and in the Reserve, and Rita’s receipt of 35 medals, awards, and nominations.

The judge then simply found these circumstances insufficient to warrant a sentence lower than the Guidelines range of 33 to 45 months. Id., at 87. He said that this range was not “inappropriate.” (This, of course, is not the legal standard for imposition of sentence, but taken in context it is plain that the judge so understood.) He immediately added that he found that the 33-month sentence at the bottom of the Guidelines range was “appropriate.” Ibid. He must have believed that there was not much more to say.

We acknowledge that the judge might have said more. He might have added explicitly that he had heard and considered the evidence and argument; that (as no one before him denied) he thought the Commission in the Guidelines had determined a sentence that was proper in the minerun of roughly similar perjury cases; and that he found that Rita’s personal circumstances here were simply not different enough to warrant a different sentence. But context and the record make clear that this, or similar, reasoning, underlies the judge’s conclusion. Where a matter is as conceptually simple as in the case at hand and the record makes clear that the sentencing judge considered the evidence and arguments, we do not believe the law requires the judge to write more extensively.

_______________________ IV......
<h3>What was this guy's "underlying crime" ? What does Bush's commutaion of Libby's sentence, on identical, but more numerous conviction than Mr. Rita's convictions....convey to the SCOTUS, to Mr. Rita, and to the rest of us, watching this play out, but less admiring of Mr. Bush, than you guys are?</h3>

....and really, guys....for you, isn't this really what this is all about:
Quote:

http://www.msnbc.msn.com/id/19460029/
'Tucker' for June 26
Read the transcript to the Tuesday show
Updated: 10:43 a.m. CT June 27, 2007

Guests: Jonah Goldberg, A.B. Stoddard, Mort Zuckerman, Michael Chertoff

CARLSON:.....On his last full day as prime minister, it is reported that Blair will be become a special envoy to the Middle East. Will he make the difference in the world's most perilous region?

Plus, the most perilous region in Washington, D.C. this week is the office of Vice President Dick Cheney. Today's "Washington Post" featured the third in a series of four articles bent on exposing Mr. Cheney's sinister and alleged skirting of the Constitution, and reputedly dangerous influence on the rest of the Bush administration.

In today's episode, the vice president dictates economic policy and tax cuts, among many other things. The "Post's" scathing series has spawned editorials across the country, suggesting that Dick Cheney ought to be impeached, or otherwise forced out of office for the good of the nation.

Well, joining me now, one of Dick Cheney's very few remaining defenders and only a part-time defender at that, is nationally-syndicated columnist and editor-at-large at "The National Review Online," Jonah Goldberg.

Jonah, welcome.

<b>JONAH GOLDBERG, THE NATIONAL REVIEW ONLINE:</b> Hey, thanks for having me, Tucker.

CARLSON: So, you are one of the very few people with the courage, the moxie to go into print, and say, you know, there is something good about Dick Cheney. Was this a parody or do you feel this way and if you do, defend it. Why are you defending Cheney?

GOLDBERG: No, I, I—well, first of all, I have—I just simply, I have always liked Dick Cheney. I think that he's, you know, as I put it in the piece, you know, everyone—everyone on both sides of the aisle, there's a lot of this you know, sort of talk about how we don't want politicians to go by the polls, who don't put their finger in the wind and go with just whatever the prevailing conventional wisdom is.

And yet, <b>Dick Cheney is really the only guy who doesn't bother talking the talk, he just walks the walk.</b> He does not care, and <h3>I think it's a sign of character and integrity on his part that he just doesn't care.</h3> There are a lot of people out there who worship the masses and Dick Cheney doesn't. He cares about history, he cares about the merits of the argument. He probably cares about power quite a bit, too.

But he's a serious guy, and the flip side to that is that I'm not sure that's the best thing to have in a vice president. It turns out that there's something to be said for having the only other nationally elected candidate, other than the president themselves, be a politician, as it were. Care about winning the Oval Office for himself....

........CARLSON: That's right, and I agree with you completely that whenever people say, we need a politician who doesn't look at the polls, we need another Harry Truman, they don't know what they're talking about or they're lying. <h3>People want to be pandered to, they want someone to suck up to them, they want a very democratic president—small D democratic,</h3> I agree completely.

GOLDBERG: That is what Michael Bloomberg is, right?

CARLSON: I am bothered though—that's right, that's exactly right.

GOLDBERG: I mean, he's sucking up to the vanity (ph) of the independents.

CARLSON: But I'm bothered by Cheney 's—but does—Cheney's secrecy, his penchant for secrecy. I mean, this is a cliche, a stereotype, but it's rooted, apparently, in truth. The guy really is secretive to a degree we haven't seen in a while. That is—I mean, we do have a right to know what our government is doing, don't we?

GOLDBERG: Yes, sure, although I think you would concede, even though you and I disagree about some foreign policy stuff, you and I would agree that there are some things that should be kept secret. We might disagree about what they are.

CARLSON: Right.

GOLDBERG: And you know, but I do think that what Cheney has learned after a lifetime in Washington as a power player, <h3>is that the person who holds the secrets has power.</h3> And he is using that for what I would say, or probably what he believes to be certainly good ends. A lot of people disagree on that, but he's trying to do best as he can and he sees holding onto power as a tool to do that.

I think it's got a real counter-productive side to it because it creates this kind of antibody reaction of such visceral dislike of the guy that it makes his policies that much less effective because he can't really get everything that he wants that way.

CARLSON: I think you're absolutely right.

Why is he so disliked? When you talk to—when you talk to liberals or just even garden-variety Democrats and Dick Cheney's name comes up, you're apt to see hyperventilation. People hate Cheney on this visceral level. What is so hateable about Dick Cheney?

GOLDBERG: I have no—I really, I truly have no idea. I like Dick Cheney, love to have a beer with the guy. I think he is a smart, serious man in American life. I think one of the things that bothers them is that he doesn't care. You know, there's nothing—you know, the opposite of love isn't hate, it's indifference. It drives stalkers and some hard-core lefties crazy. He just doesn't care what they think about him.

CARLSON: Have you ever seen Dick Cheney give a speech? I mean, the contempt for the audience is palpable. He doesn't, he doesn't—he tells a joke that's written into his speech, he doesn't wait for them to laugh, he just blows right through it.

GOLDBERG: <h3>I know, I—see, I love that. He looks like he should be eating a sandwich while he's doing it, you know. I mean, it's just this sort of like matter-of-fact, eating lunch over the sink.</h3> Oh yes, and by the way, here is my view of the world. I love that.

CARLSON: Every time he speaks, I have the same thought. I can just see him yelling, hey you kids, get off my lawn. I love it. And I'm glad to find someone else who will stand up for Dick Cheney. You are almost—you're almost alone in this nation of 300 million.

Jonah, I really appreciate you coming on, thank you.

GOLDBERG: You should come to our fan club meetings. There's lots of empty chairs.

(LAUGHTER)

CARLSON: Jonah Goldberg, thanks a lot.

GOLDBERG: Thanks, Tucker......

.....CARLSON: This is MSNBC, the place for politics.
....and this....?????
Quote:

http://www.msnbc.msn.com/id/19226375/

'Hardball with Chris Matthews' for June 13
Read the transcript to the Wednesday show

Updated: 10:31 a.m. CT June 14, 2007

Guests Sen. Trent Lott, Joe diGenova, Richard Ben-Veniste, Eugene Robinson, Matt Continetti, Ana Marie Cox

(<b>Scroll down to the last quarter of the transcript.....</b>)

.....MATTHEWS: Gentleman, I agree with Joe diGenova. The president is going to pardon his friend. Anyway—maybe he should.

Well, thank you very much, Richard Ben—because I think it was...

(CROSSTALK)

BEN-VENISTE: Thank you.

MATTHEWS: I think he was operating under the instructions of his government throughout this thing.

Anyway—I'm not sure you will agree with me on that, Joe, but I think he was doing the president's business.

(CROSSTALK)

MATTHEWS: Anyway, Richard Ben-Veniste, Joe diGenova.

Up next: Why is Hillary passing Rudy in the latest poll that just came out tonight? And why is Thompson, who hasn't even entered the race, headed to the top already?...........

........MATTHEWS: You are too young to act like Jack Germond. You're acting like one of these old guys; I don't believe these early numbers. You people are all crazy. Let me ask you about Fred Thompson. If the Republicans party is so solid in who it likes as a leader, why does Fred Thompson go on Jay Leno last night and apparently continue his run, which has taken him right up to second place? Ana Marie?

COX: Well, right now he doesn't really have to run in any other way besides on television and through his blogging. I think the Republicans are not happy with their field. I mean, obviously all of the polling shows that. All of the polling shows that they are deeply dissatisfied and that Fred Thompson has a shiny new persona for them. He is shiny—

MATTHEWS: Shiny? He's Rip Van Winkle. I mean, come on. Where has he been?

COX: I think that he is the shiny new thing to them, to registered voters. They don't know much about him. And I think it is really interesting, if you look at the polling, you will see that where his support seems to be coming from—

MATTHEWS: Can I ask you a gender question, Ana Marie?

COX: You may.

MATTHEWS: Does he have sex appeal? I'm looking at this guy and I'm trying to find out the new order of things, and what works for women and what doesn't. Does this guy have some sort of thing going for him that I should notice?....

.......MATTHEWS: <h3>Gene, do you think there's a sex appeal for this guy, this sort of mature, older man, you know? He looks sort of seasoned and in charge of himself.</h3> What is this appeal? Because I keep star quality. You were throwing the word out, shining star, Ana Marie, before I checked you on it.

Something is going on here when this is the new Robert Redford here.

I mean I just want to know—or whatever—what's his name? Matt Damon.....

Go ahead

ROBINSON: Well, he has presence. I'll give you that, Chris. The rest of it, you and Ana Marie can decide, as to the sex appeal. You know, the numbers say he is more of a guy's candidate. He is doing well. Maybe he is a man's man. But, you know, it is interesting, what he said on Leno last night, which was essentially that he never really wanted to go after the presidency, but he kind of would like to have it.

MATTHEWS: Who wouldn't if it is offered to you? How many people get it offered to them.

(CROSS TALK)

MATTHEWS: <h3>Can you smell the English leather on this guy, the Aqua Velva, the sort of mature man's</h3> shaving cream, or whatever, you know, after he shaved? Do you smell that sort of—a little bit of cigar smoke? You know, whatever.....

...Is that what it is, guys...in the face of facts, of justice, of fairness. you gravitate towards tje guy with the cowboy hat....the manly smelling, manwich, eating. beer drinking son of a gun who can say fuck you to the supreme court, to Victor Rita, and to the rest of us.....because he can????

<b>Not for fucking much longer</b>.....the pheremone sniffing don't want to hear this. but you can take that to the bank !

reconmike 07-02-2007 09:47 PM

Host, were you this irate when Slick Willie pardoned one of the top 1% wealth holders (as you call them) Marc Rich and his 48 million dollar tax bill?
Thats alot cash that could have be redistributed.

Libby was convicted of obstruction and perjury, thats all, did it warrant 30 months? Maybe, maybe not.

GW's explaination for the commutation seemed reasonable.

Rekna 07-02-2007 09:52 PM

Irate he committed and was found guilty of four felonies. That isn't something to just brush off. When Libby first lied he wasn't being investigated but instead an investigation was being done to see if an illegal leak occurred. Libby obstructed this investigation. That is against the law. People are guilty of perjury all the time who are not guilty of a crimes. Should we commute all their sentences also?

filtherton 07-02-2007 10:12 PM

Wait, so you guys (irate and powerclown) actually believe that this isn't a simple act of favor repayment? You think that the president, with all his judicial experience, simply weighed the facts of the matter and correctly concluded that the sentence handed down by a judge for crimes involving the obstruction of a federal investigation was too harsh? And you think you have any sort of business taking some sort of intellectual high ground here?

I personally don't care much about whatever bullshit the president is spreading about why he commuted his friend. I also think that taking the president's word at face value is a sign of naivete. Presidents hook-up people to whom they owe favors; it's what they do. If you want to pretend that they don't so you can convince yourself that liberals are whiny then by all means. It's not like you didn't already think liberals were whiny in the first place.

It is nice to see a few "conservatives" back in the mix now that there's something that could conceivably be spun as good news for a "conservative". You folks all seemed to have disappeared following the most recent election. Can you guys admit that iraq was completely mishandled -perhaps even a horrible mistake- yet?

Willravel 07-02-2007 10:38 PM

Jeez, where to start.
Quote:

Originally Posted by Irate
undoubtedly the recent partial commuting of scooter libby's sentence will provoke a lot of passion on this board and elsewhere. can someone explain to me what all the mania is about?

The mania is about two counts of perjury, one count obstruction of justice, and two counts of making false statements when interviewed by federal investigators. Not only that, but the misinformation he provided, of which he was found guilty, are about his relationship to the Plame case specifically distancing himself from his wrongdoing. He lied about his involvement. The mania is that this particular situation is suspected of having strong ties to the office of the Vice President, and how quick the president was to excuse a man who lied to probably protect those in higher office who should have been brought to justice. The mania is about how justice doesn't apply to those who ally themselves with the current administration.

Maybe you'd like to explain how 'years of scorn' can compare to 0 months in federal prison. Did we widdle liberals make Scooter cwy? Boo-fucking-hoo. The man should be in prison, as he was legally sentenced.


BTW, I really enjoyed how quickly the name 'Clinton' came up when Bush was suddenly the issue, Recon. It's a massive red herring, and everyone knows it. Instead of trying to defend the indefensible —I say indefensible because you clearly wouldn't need a massive red herring if you could defend Bush or Scooter—you run away and pull out your slick willie t-shirt.

tecoyah 07-03-2007 03:34 AM

There is a much larger picture here, that deserves scrutiny. The Congress is charged with attempting to keep our system of checks and balances in place,which sometimes requires investigating possible wrongdoing from the executive branch of government. If this ability is compromised, there is literally no second tier of accountability to fall back on, and a free pass is in effect for the white house to do as they please. Under many circumstances this might not be such an issue as it has become today, but we are dealing with the most secretive administration in recent history and questions have been raised concerning the integrity of a large portion of the officials in power.
When a similar situation arose during the Clinton Era a full investigation was implemented resulting in a good portion of the truth coming to light, and an impeachment trial of the highest ranking official in this country. Testimony was ordered and given which implicated the President and proved he was not truthful, and in fact he was justifiably charged and had to deal with the results of his actions. He Lied to the investigators in a failed attempt to cover his ass,and paid a small price for his indescretions.
At that point in history the DOJ was extremely active in its pursuit of justice, and actually did its job. The Congress was capable of compelling testimony which was used to incriminate the POTUS, and accomplished what it is charged to do by our system of government regardless of attempts to prevent it by the executive branch. This was primarily accomplished by well documented Republican influence pushing for investigation, to the point of documenting and forcing the president to discuss his sexual life in under oath....and he lied.
Congress is now attempting to accomplish a similar feat without the DOJ helping. In fact they are somewhat hamstrung at this point by a breakdown in the very foundation of the criminal justice system we rely on to maintain order, and punish the guilty. In essence there is no longer a system available to Congress which compels truthful testimony, and thus the major tool used as a check and balance is compromised. Most people understand there are major problems with what is happening to the executive branch in this country, and now also fear that nothing can be done to find out the details of its problems, and fix it.

If you do not see this as a problem, you have limited understanding of our constitution, and to use the term so easily spewed by those who support this rape of our Republic.

Are acting Un-American.

host 07-03-2007 04:05 AM

Quote:

Originally Posted by tecoyah
There is a much larger picture here, that deserves scrutiny. The Congress is charged with attempting to keep our system of checks and balances in place,which sometimes requires investigating possible wrongdoing from the executive branch of government. If this ability is compromised, there is literally no second tier of accountability to fall back on, and a free pass is in effect for the white house to do as they please. Under many circumstances this might not be such an issue as it has become today, but we are dealing with the most secretive administration in recent history and questions have been raised concerning the integrity of a large portion of the officials in power.
When a similar situation arose during the Clinton Era a full investigation was implemented resulting in a good portion of the truth coming to light, and an impeachment trial of the highest ranking official in this country. Testimony was ordered and given which implicated the President and proved he was not truthful, and in fact he was justifiably charged and had to deal with the results of his actions. He Lied to the investigators in a failed attempt to cover his ass,and paid a small price for his indescretions.
At that point in history the DOJ was extremely active in its pursuit of justice, and actually did its job. The Congress was capable of compelling testimony which was used to incriminate the POTUS, and accomplished what it is charged to do by our system of government regardless of attempts to prevent it by the executive branch. This was primarily accomplished by well documented Republican influence pushing for investigation, to the point of documenting and forcing the president to discuss his sexual life in under oath....and he lied.
Congress is now attempting to accomplish a similar feat without the DOJ helping. In fact they are somewhat hamstrung at this point by a breakdown in the very foundation of the criminal justice system we rely on to maintain order, and punish the guilty. In essence there is no longer a system available to Congress which compels truthful testimony, and thus the major tool used as a check and balance is compromised. Most people understand there are major problems with what is happening to the executive branch in this country, and now also fear that nothing can be done to find out the details of its problems, and fix it.

If you do not see this as a problem, you have limited understanding of our constitution, and to use the term so easily spewed by those who support this rape of our Republic.

Are acting Un-American.

What will the house judiciary committee do about this?
Quote:

http://www.washingtonpost.com/wp-srv...rgatedoc_3.htm
Constitutional Grounds for Presidential Impeachment:
II. The Historical Origins of Impeachment
B. The Intentions of the Framers

The following is from a report written and released by the Judiciary Committee in 1974 in the aftermath of the Watergate crisis.

3. Grounds for Impeachment...


....... In the same convention George Mason argued that the President might use his pardoning power to "pardon crimes which were advised by himself" or, before indictment or conviction, "to stop inquiry and prevent detection." James Madison responded:

[I]f the President be connected, in any suspicious manner, with any person, and there be grounds tp believe he will shelter him, the House of Representatives can impeach him; they can remove him if found guilty...63

63. 3 Elliot 497-98. Madison went on to any contrary to his position in the Philadelphia convention, that the President could be suspended when suspected, and his powers would devolve on the Vice President, who could likewise be suspended until impeached and convicted, if he were also suspected. Id. 498.

ratbastid 07-03-2007 04:19 AM

Quote:

Originally Posted by reconmike
GW's explaination for the commutation seemed reasonable.

Only if you're predisposed to consider GW's pronouncements reasonable.

This has nothing to do with Scooter being a Presidential Buddy, hunh? Then I wonder if there's anybody else out there who George feels was given too harsh a sentence. Shouldn't he be commuting all those sentences too? Is George suddenly soft on crime?

The WILLFUL naivete of those would would defend Bush at this time is just shocking to me. And it's shocking to the nearly 80 percent of Americans who are seeing through the bullshit.

tecoyah 07-03-2007 04:34 AM

Quote:

Originally Posted by host
What will the house judiciary committee do about this?

Likely they will do nothing as of yet, the integrity of the system has been compromised to the point that those in power can prevent investigation. In fact that is exactly what we have just witnessed. Unless someone with knowledge falls prey to honesty and volunteers testimony there seems little chance of finding out what is truly happening. By eliminating the punishment handed down by the courts, Bush has proven he can protect those who will remain silent from prosecution.
With he recent overturning of precedent by the SCOTUS, we also see a major change in the dynamics of the highest court that may very well limit any higher level prosecution and at the very least force those thinking impeachment to seriously consider the chances of success, hampering further the inclination to delve deeper into investigation.
This seems a very well thought out and patient approach to changing the foundations of power in our country, and though I personally am disturbed by these changes I must give credit to those who have worked to create the atmosphere required to pull this off. We are likely watching a reworking of the United States Republic from the sidelines, and are mostly powerless to stop it. The Executive branch has pulled off a sort of Coup, and it would seem they have been mostly successful. By controlling the Executive, Judiciary, and Justice Dept. they pretty much control the country and can minimize the House for all intent and purpose.

Regardless of how much information the opposition may find in investigation, they are castrated when it comes to doing anything with the Data.

Telluride 07-03-2007 05:35 AM

It's Marc Rich deja vu all over again. Hooray for the corrupt Republocrat Party!

reconmike 07-03-2007 06:12 AM

Quote:

Originally Posted by willravel
BTW, I really enjoyed how quickly the name 'Clinton' came up when Bush was suddenly the issue, Recon. It's a massive red herring, and everyone knows it. Instead of trying to defend the indefensible —I say indefensible because you clearly wouldn't need a massive red herring if you could defend Bush or Scooter—you run away and pull out your slick willie t-shirt.

You see Will I was asking a legitimate question of Host and not invoking a red herring. He has a hard on for people with money in this country, enough to the point of wanting to rise up and slice throats. So I was just asking him if in fact he was this upset when Marc Rich was pardoned for not sharing the wealth he owed the US people.
I got rid of my slick willie t-shirt, I was afraid to have it, we all know what happens to slick willie detractors, they wind up dead.

In this country with its laws there is something called precedence, and the act of pardon or commutation are legal acts, so to see what legally can be done one can look to the past to see if it has been done. And if your going to rate how atrocious the Libby sentence commutation was, it is only fitting to judge it according to what other presidents have done.

And RB, sure this is all about Libby being his buddy, and a very good buddy at that, he took the fall, kind of clamed up like the old mafia days when no one rolled over on anyone. And now he has be rewarded for his loyalty.

tecoyah 07-03-2007 06:25 AM

Quote:

Originally Posted by reconmike
-snip-

And RB, sure this is all about Libby being his buddy, and a very good buddy at that, he took the fall, kind of clamed up like the old mafia days when no one rolled over on anyone. And now he has be rewarded for his loyalty.


The Issue becomes one of acceptability. Alot of people simply do not think its a good Idea to look the other way when this type of thing takes place in the Highest Levels of Government.

Do You?

roachboy 07-03-2007 06:28 AM

so wait.

first off, i doubt seriously that anyone is actually surprised by this action.

second: what is with the conservative-set resurfacing at this particular moment in order to outline the limbaugh-esque relativism thing? you know, whatever bush has done can be balanced against action x done by clinton such that everything is ok----as if in the last remaining theater in conservativeland there is a film running that outlines a series of imaginary injustices---the film only plays for conservative crowds, whcih get smaller and smaller every day--and this film is the basis for all conservative judgments about libby, the trial, its meaning and that of cowboy george's commutation of the prison term.

in threads here about the fiction of "illegal immigration" you see conservative shrieking about how undocumented workers "break the law" and so are necessarily Alien Other Bad...so when it comes to the poor, conservatives are sticklers for the trappings of legality...but when it comes to the actions of the bush administration, the terrain suddenly transforms and anything goes...anything at all...and why is that? because the film says that clinton did x and so cowboy george gets to do -x and there we are.

in responses to the bushpartialcommuntation in various papers, you get the same division of positions: the conservativeset uses the same fucking arguments in every last place. marc rich's name comes up in post after post.

what is amazing is the emptiness of this momentary surge amongst the inhabitants of conservativeland, emboldened to stray from beneath the rock they have been hiding under since november. the rationale? "o boy those lefties are pissed. it is a good time to be a conservative."---this speaks to a truly adolescent sensibility, doesnt it?
what's the argument behind it?
the argument is: "nyah nyah."

there is one interesting additional element, though: the virus that is far right ideology has been institutionalized in the legal system and so the bushwork is in a sense done...and now as lameduck or dronebee after mating with the queen, cowboy george slips, spent of precious bodily fluids, into a kind of dotage and the gratitude the felt by the far right for institutionalizing their backwater politics is expressing itself in a displaced form via cheerleading for liddy/libby.
this is one of the sources of real and lasting damage that the backwater politics of the american far right can do and continue to do.
well this and the debacle of a war in iraq...between the two, the right has left the credibility of the american system in shambles all the while hallucinating that they defend that system. and so it is that folk find themselves in iraq defending "democracy" american style by imposing it incoherently on a society they do not understand because their leader did not think it necessary to understand it just as it was seen as unnecessary to have a fucking plan.
and there is nothing to be done: the american system does not allow for anything to be done.
paralysis is what we have.
paralysis is all there is.
yay america.

then we have the rationale floated by cowboy george for his action: the sentence was "excessive" and george all merciful (when it comes to wealthy, politically allied white men, who are of course the only people who matter).
the claims behind this amount to a wholesale whitewashing of the entire plame affair in a manner consistent with rightwing talkingpoints of the past 3 years. nothing major was involved. why? well clinton did x, y, z....

a pathetic state of affairs.

von trier was right in dogville. the us is a gangster state. the only thing to be done is to burn it down. the error he made was in imagining that it would require someone outside the system to light the fire. it turns out that the far right attempts to defend/remake the system have already done that.

a fucking pathetic state of affairs.

Rekna 07-03-2007 06:33 AM

Quote:

Originally Posted by reconmike
In this country with its laws there is something called precedence, and the act of pardon or commutation are legal acts, so to see what legally can be done one can look to the past to see if it has been done. And if your going to rate how atrocious the Libby sentence commutation was, it is only fitting to judge it according to what other presidents have done.

You are wrong. Precedence does not always make things right. There is precedence for owning slaves in this country. There is precedence for being able to shoot people down in the streets. Just because it has happened in the past doesn't make it right. Clinton's pardon was wrong and so is Bush's. The reason people are so much more upset is the appearance and likely existence of an overwhelming conspiracy to circumvent the constitution by this administration. There are no longer checks and balances. The DOJ has been turned into an attack dog for the white house. The last 2 supreme court justices were appointed as yes men for the neo-con movement. The executive branch is refusing to acknowledge any of the power of congress and is preventing any investigations into its actions. This country is teetering on the edge of destruction. And all you and many others can say is "well Clinton". Stop it!

I love America, I think the constitution was very well designed but in our quest for power we have begun destroying the very thing that gives us our freedoms every day. At some point in time our brethren from across the isle became our worst enemy and now we spend more time battling with each other than any of our real enemies. Bush said he was a uniter and not a divider but he has fractured this country more than I have ever known.

Do you want this trend to continue? Do you really want the dems to polarize the DOJ when they are in power? To stack the system so that they will stay in power? If we continue setting "precedence" for skirting the constitution and the checks and balances it creates then that is what we will be left with and America will no longer be the land of the free.

Dilbert1234567 07-03-2007 06:38 AM

i'm confused, you say it's not a big deal that he was not found guilty of the initial crime, but was found guilty of obstruction of justice investigating that crime. so if i commit a crime and cover my ass, but get caught covering my ass, i'm cool?

huh?

powerclown 07-03-2007 06:46 AM

filtherton, the basis of this series of events that led up to the commute is the Iraq War. I think it helpful to see it in that light. This is about political retribution for someone who went against this administration's cause for war. Understand that some conservatives and others in favor of the war see Joe Wilson as a disingenuous cretin who deliberately, with the help of his CIA agent wife, went to great (and shady, to some) lengths to discredit that war effort. This shaped the atmosphere of a prosecution already seen by some as a politically biased, anti-war fueled witchunt from the start.

As far as geting back into the discussions, I haven't had anything constructive to say in threads such as "Ok....Can Anyone Tell Me Why Congress Does Not Impeach Bush Now?" or "Iraq was not invaded for oil" or "Does Bush really say what he means and do what he says - part II" or "Who is worse; George Bush or Hugo Chavez?" or "Support Our Troops: Stop Bush" which seem to be the norm here now.

seretogis 07-03-2007 06:53 AM

I can't see how anyone is defending this. Bush and the Republican party are crooks. Clinton and the Democratic party are crooks. Why is anyone arguing "who did it first" or which law-breaking is "worse" than the other?

powerclown 07-03-2007 07:06 AM

Perhaps they are all crooks, but they're our crooks. This is our country, and our political system. The issues these people differ on ideologically are universal to all of us, so while I understand the frustration and I understand a congressional approval rating in the teens, I see these things as cyclical events within what is basically a sound political structure.

Rekna 07-03-2007 07:15 AM

Quote:

Originally Posted by powerclown
Perhaps they are all crooks, but they're our crooks. This is our country, and our political system. The issues these people differ on ideologically are universal to all of us, so while I understand the frustration and I understand a congressional approval rating in the teens, I see these things as cyclical events within what is basically a sound political structure.

And why should we settle for a government like this? It is within the power of the people to change change this government and I think it is time we do just that through our voting. Stop voting party and start voting for the candidates!

tecoyah 07-03-2007 07:19 AM

Quote:

Originally Posted by powerclown
filtherton, the basis of this series of events that led up to the commute is the Iraq War. I think it helpful to see it in that light. This is about political retribution for someone who went against this administration's cause for war. Understand that some conservatives and others in favor of the war see Joe Wilson as a disingenuous cretin who deliberately, with the help of his CIA agent wife, went to great (and shady, to some) lengths to discredit that war effort. This shaped the atmosphere of a prosecution already seen by some as a politically biased, anti-war fueled witchunt from the start.
Quote:


It is generally agreed that this is indeed the underlying cause of this whole mess, and that Wilson did in fact try to submit evidence that may have undermined the Data used to compel us into war. Unfortunately, the information he tried to bring to light was ignored (though proven correct in hindsight), and his failure led to invasion and much death, as well as major damage to our standing in the world stage. One can only imagine where we would be right now had his attempt to question the Administrations' assertions been successful, but things would definately be different. Regardless, it is now clear to anyone willing to look with an open mind that he (and his wife) were targeted by the Administration, and the trail leads to the highest levels. If the Right is willing to look the other way when these things take place.....I would highly recommend they re-evaluate what is happening to this country, or simply admit they support the removal of constitutional law, in favor of something a bit more Fascist in practice.

As far as geting back into the discussions, I haven't had anything constructive to say in threads such as "Ok....Can Anyone Tell Me Why Congress Does Not Impeach Bush Now?" or "Iraq was not invaded for oil" or "Does Bush really say what he means and do what he says - part II" or "Who is worse; George Bush or Hugo Chavez?" or "Support Our Troops: Stop Bush" which seem to be the norm here now.

In other words you have no way of countering the enormous amount of information pointing to behavior that is Irresponsible and incompetent at best, and Illegal or subversive at worst?

ratbastid 07-03-2007 07:37 AM

Quote:

Originally Posted by reconmike
And RB, sure this is all about Libby being his buddy, and a very good buddy at that, he took the fall, kind of clamed up like the old mafia days when no one rolled over on anyone. And now he has be rewarded for his loyalty.

I'm glad you understand the situation. We've honest to god got gangsters in the White House.

I shudder to think what would have happened to poor Scooter if he'd turned. Cement overshoes?

powerclown 07-03-2007 07:53 AM

Quote:

Originally Posted by tecoyah
In other words you have no way of countering the enormous amount of information pointing to behavior that is Irresponsible and incompetent at best, and Illegal or subversive at worst?

Wrongly framed question imo. While it might seem petty or irresponsible to deliberately attack an opponent of an administration, it certainly isn't a unique occurence here or in any other political system in the world. I can't speak to the morality of it - lets just say I'm not as idealistic as I was as a youth. Critics of administrations will always be targetted by those in power, either literally as in the case of the outspoken Russian journalist and Putin critic who had a few bullets pumped into her head by the State, or somewhat more benignly, as in what happened here.

Bill O'Rights 07-03-2007 07:59 AM

Quote:

Originally Posted by reconmike
And RB, sure this is all about Libby being his buddy, and a very good buddy at that, he took the fall, kind of clamed up like the old mafia days when no one rolled over on anyone. And now he has be rewarded for his loyalty.

Quote:

Originally Posted by ratbastid
I'm glad you understand the situation. We've honest to god got gangsters in the White House.

I shudder to think what would have happened to poor Scooter if he'd turned. Cement overshoes?

http://img.photobucket.com/albums/10...sp_rofl0ne.gif


"Libby sleeps wid da fishes." http://img.photobucket.com/albums/10...dis/Fedora.gif

filtherton 07-03-2007 08:57 AM

Quote:

Originally Posted by powerclown
As far as geting back into the discussions, I haven't had anything constructive to say in threads such as "Ok....Can Anyone Tell Me Why Congress Does Not Impeach Bush Now?" or "Iraq was not invaded for oil" or "Does Bush really say what he means and do what he says - part II" or "Who is worse; George Bush or Hugo Chavez?" or "Support Our Troops: Stop Bush" which seem to be the norm here now.

Sorry, i didn't mean to put in the same box with the folks who vanished. Mea motherfucking culpa.:thumbsup:

tecoyah 07-03-2007 09:14 AM

Quote:

Originally Posted by powerclown
Wrongly framed question imo. While it might seem petty or irresponsible to deliberately attack an opponent of an administration, it certainly isn't a unique occurence here or in any other political system in the world. I can't speak to the morality of it - lets just say I'm not as idealistic as I was as a youth. Critics of administrations will always be targetted by those in power, either literally as in the case of the outspoken Russian journalist and Putin critic who had a few bullets pumped into her head by the State, or somewhat more benignly, as in what happened here.

OK...allow me to rephrase:

Regardless of political considerations, but taking a robust history of Government actions into consideration, do you feel there is no reason to be concerned with the current consolidation of power we have in this country?

Secondly, does the lack of consideration for transparency continuously expressed by the administration make you in any way ....uncomfortable?

ratbastid 07-03-2007 09:42 AM

Quote:

Originally Posted by powerclown
As far as geting back into the discussions, I haven't had anything constructive to say in threads such as "Ok....Can Anyone Tell Me Why Congress Does Not Impeach Bush Now?" or "Iraq was not invaded for oil" or "Does Bush really say what he means and do what he says - part II" or "Who is worse; George Bush or Hugo Chavez?" or "Support Our Troops: Stop Bush" which seem to be the norm here now.

That sort of discussion is actually mostly the norm in America in general right now. Unless you've kept yourself in a right-wing echo-chamber bubble, you know that.

powerclown 07-03-2007 10:09 AM

I think its a good thing that people are allowed to express themselves like they do in America. People are talking, articles are being written, ideas are freely expressed, opinions are flowing unimpeded...in a way an indicator of the health of the republic, imo.

I would start to worry if things were otherwise: if opinion was stifled, if presidential/congressional approval was in the 90s (or artificially published to be so), if people in my neighborhood started "disappearing" for their political views, if tv and radio was only broadcasting state propaganda, if there weren't to be a presidential election in a years time, etc.

As to being in an echo-chamber, the same could be said in reverse. For example, some conservatives are livid that Libby wasn't pardoned outright, and that such a fuss and expense was made over what they consider partisan politics. And what is "normal"? It's not only the left that is pissed off with Bush anymore.

joshbaumgartner 07-03-2007 11:02 AM

Oh it is so harsh that a man convicted of four felonies in Federal court should have to spend a couple years in jail!

And this from a man who killed 150 Texans while being so darn proud of the fact he never once spent more than 15 minutes reviewing one of their cases. Not once did he even consider mercy or justice when it came to handing out the death penalty, but oh, one of his buddies might have to spend a year or two in jail, oh heavens, best show mercy there!

*shakes head* Is it just me that sees this as the least bit disingenuous on W's part?

Frosstbyte 07-03-2007 12:12 PM

The sad part, josh, is that it's worse than being disingenuous. For it to be disingenuous, W would have to have some concept of the fact that there is serious cognitive dissonance between the two decisions. He'd have to be lying to himself about one or the other for that to happen.

The problem I think most of us have with all this is that he lacks whatever wiring is necessary to make that fact apparent in his shriveled little brain. The man lives in some la la land alternate universe where the idea of being wrong ever can't happen. Bush lives in the instant and at this instant he is doing (in his very selective book) the right thing, as he did the right thing at the instant he "reviewed' those death penalty cases and as he did when he reviewed Iraq. The magic of being George W. Bush is that there is no future and no past, there's just now and he goes with his gut (or his advisers) every time.

The next two years in this country could be a very dangerous time and we're going to have some serious internal issues that need to be taken care of once Bush finally leaves office. Again and again I look at his possible successors and I simply don't know what to do.

tecoyah 07-03-2007 12:21 PM

Quote:

Originally Posted by Frosstbyte

The next two years in this country could be a very dangerous time and we're going to have some serious internal issues that need to be taken care of once Bush finally leaves office. Again and again I look at his possible successors and I simply don't know what to do.


Total agreement.....

irateplatypus 07-03-2007 03:12 PM

the debate will go where it will... but we've strayed from the intent of my OP.

as i demonstrated, the facts of the libby case as well as president bush's use of the privilege place his conduct well within the historical precedents set for presidential pardons by any objective measure. if a person claims to view this example of its usage as a threat to the rule of law (as many here say they do), then sober judgment would have to conclude that this is only the latest in a long string of similar abuses stretching back to the origin of the constitution.

so, given that this event has many antecedents, those who disapprove of the pardon on the grounds that it flouts the law must fall into one of two categories:
1) those who object to the general usage (or existence) of presidential pardons
2) those who object to this particular instance

given the general dismissal of past pardons as major issues, i conclude that those who object must object to this particular one for a reason not rooted in a love for the rule of law. the most likely motivation left is simply a political ax to grind. hardly worth getting worked up over.

as i see it, the only way to counter this line of reasoning is to prove that the libby case is objectively more serious than past cases or that the president acted in an unprecedented way. a quick wikipedia search of the history of presidential pardons will show the difficulty in those making arguments.

dc_dux 07-03-2007 03:42 PM

I would suggest that`this case differs from most presidential pardons/commutations, particularly in recent history, in that it involves a person in the highest level of government convicted of four felonies.

Should those in the highest level of the federal government be held to a higher standard than say a bootlegger that Bush pardoned earlier. I believe so because they pledge or affirm to uphold the law and public trust when they accept the responsiblity of serving in government (and the highest level in the WH).

The most nearly comparable cases would be Halderman, Erlichman and Mitchell of Watergate fame, all of whom were convicted and served prison time. Neither Nixon nor Ford even considered a pardon or commutation.

The only other marginally similar recent case would be former Secy of Defense Cap Weinberger, who was indicted for perjury in Reagan's Iran-Contra scandal. Bush Sr. pardoned Weinberger....others, like Bud McFarland, Reagan's National Security Advisor, were not so fortunate and served time for perjury.

I think its also reasonable to expect Bush to stand by his word. His spokespeople said repeatedly for the last year +, even after knowing of the sentence, that Bush would not interfere with the judicial process until it is fully played out.

To say that he respects the jury's decision, then to act with disdain for the judicial process by making a non-judicial value judgement on the "harshness" of the sentence (which was well within federal sentencing guidelines) is the ultimate hypocrisy...only further heightened by Bush circumventing the DoJ pardon/commutation process and guidelines.

roachboy 07-03-2007 03:45 PM

irate: i am not sure that i see the point of you simply restating your argument as if host's no. 2 (and in a more incidental way no. 6) did not happen. it seems to me that he responded to most of your pseudo-objective claims (using a stentorian tone will give this impression every time, as you obviously know).
so why not start with that, rather than with no. 36.

personally, i posted as i did to this thread because i thought host responded to you so that there wasnt really much left to talk about.
i assume that you disagree?

highthief 07-03-2007 05:08 PM

Quote:

Originally Posted by joshbaumgartner
Oh it is so harsh that a man convicted of four felonies in Federal court should have to spend a couple years in jail!

And this from a man who killed 150 Texans while being so darn proud of the fact he never once spent more than 15 minutes reviewing one of their cases. Not once did he even consider mercy or justice when it came to handing out the death penalty, but oh, one of his buddies might have to spend a year or two in jail, oh heavens, best show mercy there!

Well this is what gets me - he even said that as Governer he never felt it was right for him to overrule a judge and jury to commute a sentence, even in cases where there was doubt.

To me, based upon his past history, his actions concerning Libby are simply scandalous. Whether you are right wing or left wing, Republican or Democrat (or as so many of you tend to claim "Libertarian") don't you think that letting your buddy out of a small jail term, given your past history of not commuting more serious sentences on the basis of it being "inappropriate" to override the judicial system, is incorrect?

I'm amazed that so many Americans are so comfortable with this whole "commuting" business. There is a judicial system; no one since King John should be overriding it.

ratbastid 07-03-2007 05:36 PM

Quote:

Originally Posted by roachboy
i assume that you disagree?

Oh, I think he's just not up for being, you know, told anything.

Look, I know nothing of the history of Presidential pardons (or commutations as the case may be), but I can say this: ANY presidential pardon that serves to exculpate one of the chief actors in a scandal dogging that administration is worthy of very high suspicion and scrutiny.

Yes, even if Clinton did it. As far as I know he didn't, but as I said a few lines up, I don't know all that far. If he did, shame on him.

Here's the bottom line: there's a miscarriage of justice happening right now. I don't really care about the historical perspective: wrong is wrong and something should be done about it.

powerclown 07-03-2007 05:50 PM

Quote:

Originally Posted by roachboy
then we have the rationale floated by cowboy george for his action: the sentence was "excessive" and george all merciful (when it comes to wealthy, politically allied white men, who are of course the only people who matter).
the claims behind this amount to a wholesale whitewashing of the entire plame affair in a manner consistent with rightwing talkingpoints of the past 3 years. nothing major was involved. why? well clinton did x, y, z....

Actually, if one wanted to get technical about it, there is a fair case to be made that the sentence was excessive. Fitzgerald knew that Libby didn't out Plame, didn't violate the Intelligence Identities Protection Act, the law at issue here from the start. Going ahead with the trial knowing that Libby was innocent of the charge while simultaneously knowing that Amritage was the actual source of the leak could be seen by some as definitive legal grounds for dismissing the case outright.

Willravel 07-03-2007 05:57 PM

He also knew Libby was lying. That's the kicker. The trial was about trying to force the truth from him. Of course, Libby had little to fear, knowing Bush would allow him to walk away, thus completing the circle of bullshit.

host 07-03-2007 06:22 PM

We participate on a forum, and in a country....where little discussion can take place. Some of us form our opinion under the influence of the context of what is actually happening..... from the quotes reported right from the horses' mouths.....I quote the white house web page quotes often....for that reason.

It's difficult to spin what is actually said and written by the key participants in events......if your intent is to convey the exact opposite of what is happening....

I know why they all do it.....in the tiny, tiny world where this unjust, disrespectful, abuse of authority that is quite possibly another in a series of executive branch obstruction of justice and the investigation of the Plame leak.....<b>is spun as "business as usual"</b>...they do it in lockstep because the ones who still cling to this failed political party and failed presidency, are afraid of confronting their own confidence.

You see it in irate, in ace, and in powerclown...... all posting with such confident pronouncements....backed by....WHAT?

They never tell you. I try to show where I got the confidence to post what I post, almost always. Most of the time, with a foundation at least as strong as this:
Quote:

http://www.nytimes.com/aponline/us/A...=1&oref=slogin
July 3, 2007
Legal Confusion Follows Libby Decision
By THE ASSOCIATED PRESS

Filed at 5:23 p.m. ET

WASHINGTON (AP) -- President Bush forced the CIA leak case into uncharted legal territory when he commuted the prison sentence of former White House aide I. Lewis ''Scooter'' Libby, a federal judge said Tuesday.

Bush eliminated Libby's 2 1/2-year prison term and left in place his two years of supervised release. But supervised release -- a form of probation -- is only available to people who have served prison time. Without prison, it's unclear what happens next.

U.S. District Judge Reggie B. Walton posed the question to Libby's attorneys and to Special Prosecutor Patrick Fitzgerald: Does this mean Libby won't actually be required to serve supervised release? Should he just have to report to probation officials as if he spent time in prison?

The law, Walton said in court documents, ''does not appear to contemplate a situation in which a defendant may be placed under supervised release without first completing a term of incarceration.''

For now, it appears Libby is in legal limbo. Walton gave both sides until Monday to respond.
We cannot have a "competition of ideas" here....when one side so clearly goes about "making shit up", and the other works to methodically support every key point posted.

This is not routine. The president himself hired a criminal defense attorney, Jim Sharp, in response to Fitzgerald's investigation. Cheney did the same:
Quote:

If Rove is Indicted, Will Media Mention Bush's Criminal Defense ...
Tilted Forum Project > The Academy > Tilted Politics > If Rove is Indicted ... McClellan reluctantly admitted that Bush had retained Jim Sharp during a June ...
http://www.tfproject.org/tfp/archive...p/t-91795.html - 91k - Supplemental Result -
The president is experiencing the most prolonged and severe disapproval polling results of any president since Nixon. In the midst of support by independents, for example, declining to 24 percent, he opts to block Libby's serving of even a day in jail, questioning the sentencing judge's determination, and not even consulting the relevant DOJ department or the prosecutor, before he acts.

An NPR contributor commented this afternoon that preemption of an entire prison sentence by a president had not occurred in 80 years.....

This stinks...and it will fuel the further decline of this president and of his party. We post again, and again, why this is so....and your confident, but empty dismissal of our examples of objections and of the serious implications for the reputation of the presidency and the principle of equal justice is all that you post in response.

When you resort to an "argument" that includes your confident assertion that special counsel Fitzgerald should have ignored Libby's perjury and obstruction....that it was he who erred, not Libby.....you would leave no prosecutor with the tool of legal deterrent to discourage future perjury and obstruction...and as Bush has pissed in all of our faces and on the US constitution, and not for the first time.....you shit up these pages, in lockstep....brimming with a confidence as misplaced and pathetic as Bush himself so often displays.....

Telluride 07-03-2007 06:47 PM

Quote:

Originally Posted by seretogis
I can't see how anyone is defending this. Bush and the Republican party are crooks. Clinton and the Democratic party are crooks. Why is anyone arguing "who did it first" or which law-breaking is "worse" than the other?

I agree. Every so often I'll hear somebody complaining about how bad one party is and that things will be so much better if/when the other party comes into power...and it really bugs me. Both parties have done their fair share of immoral and abusive shit, so I see no reason why I should like or trust either one.

host 07-03-2007 07:41 PM

Quote:

Originally Posted by Telluride
I agree. Every so often I'll hear somebody complaining about how bad one party is and that things will be so much better if/when the other party comes into power...and it really bugs me. Both parties have done their fair share of immoral and abusive shit, so I see no reason why I should like or trust either one.

Telluride, don't you think that you do yourself a disservice by posting (believing ????) such a simplistic dismissal of "both parties"? Can it really be that simple? I doubt it....

Anyone who wanted to, could have challenged this recent TFP Politics thread's title.....the challenges weren't very supportive of your argument:

<a href="http://www.tfproject.org/tfp/showthread.php?t=116612">
So Tired of the "It's Both Parties" Denial/Dismissal</a>

....please read the following Glenn Greenwald excerpt, and then share with us, what he has wrong in his articulate opinion that is so totally opposite your "it's both parties", POV?

If he and I are incorrect. shouldn't it be only a small challenge for you to write something convincingly rebutting Greenwald's points...or the points in the "It's Both Parties" thread, linked above?

Simple, unsupported dismissals of "both parties", don't cut it here, Telluride.... they're not competitive, compared to the posted record here...unless you can show us otherwise...and they're not practical. Leahy, in the senate, and Waxman and Conyers, in the house, have held power for less than six months. They have demonstrably exercised more methodical practice of checks and balances in that time, than the previous congress performed in six years....

You do them...and us....a disservice by your dismissive opinion...and, from what Greenwald describes below, your POV is neither fair or accurate, IMO:

Quote:

http://www.salon.com/opinion/greenwa...bby/index.html

....That Dick Cheney's top aide, one of the most well-connected neoconservatives on the planet, is protected from the consequences of his felonies ought to be anything but surprising. That is the country that we have. It is a result that is completely consistent with the "values" that define official Washington. No other outcome was possible.

The Plame investigation was urged by the Bush CIA and commenced by the Bush DOJ, Libby's conviction pursued by a Bush-appointed federal prosecutor, his jail sentence imposed by a Bush-appointed "tough-on-crime" federal judge, all <a href="http://corner.nationalreview.com/post/?q=MTIzNzRhMGY5NGI0MGFkYzlmMDFmZTI3OTE5NmRiZTc=">pursuant to</a> harsh and merciless criminal laws <a href="http://digbysblog.blogspot.com/2007/07/man-like-this-by-digby-i-dont-know.html">urged on</a> by the "tough-on-crime/no-mercy" GOP. Lewis Libby was sent to prison by the system constructed and desired by the very Republican movement protesting his plight.....

...... But the most significant disease highlighted by the Libby travesty is also the most obvious one. We have decided to be a country in which our highest Republican political officials can break the law freely, without any real consequence. In the United States, the law does not apply to the President and his closest aides. And there is one fact after the next which proves that.

Almost thirty years ago, the American people reacted with fury and horror over revelations by the Church Committee that every administration in prior decades had been spying on Americans for completely improper purposes. In response, they enacted a law, through their Congress, <b>making it a felony for any government official to eavesdrop on Americans without judicial approval, punishable by 5 years in prison for each offense.</b> Since 1977, it has been a felony in the United States for political officials to eavesdrop on Americans without judicial warrants.

But in December of 2005, The New York Times revealed that George Bush had been breaking this law -- committing felonies -- every day for the prior four years. And when he was caught, he went on television and proudly admitted what he had done and <b>vowed defiantly to continue doing it</b>. And our wise and serious Washington media establishment shrugged, even applauded. They directed their fury only at those who objected to the lawbreaking. The GOP-controlled Congress blocked every attempt to investigate this criminality -- with virtually no outcry -- and then set out to pass a new law making this criminality retroactively legal. In response to revelations that the President was deliberately breaking the law, official Washington fell all over itself figuring out the most efficient way to protect and defend the President's crimes.

Ever since Gerald Ford, with the support of our permanent Beltway ruling class, pardoned Richard Nixon for his crimes -- followed naturally by the current President's father shielding his own friends and aides from the consequences of serious criminal convictions for lying to Congress and deliberately breaking its laws, with <a href="http://rightweb.irc-online.org/profile/969">one of those criminals</a> then appointed with no objection by his son to run Middle East policy from the White House -- we have been a nation which allows our highest political officials to reside beyond the reach of law. It is just that simple.

And over the last six years, that "principle" has been extended to its most extreme though logical conclusions. This administration expressly adopted theories -- right out in the open -- which, as it its <a href="http://glenngreenwald.blogspot.com/2006/01/ideology-of-lawlessness.html">central premise</a>, states that the President is greater than the law, that his "obligation" to protect the nation means that nothing and nobody can limit what he does, including -- especially -- the laws enacted by our Congress, no matter how radical and extreme that conduct is.

In response to this most audacious declaration of Presidential Omnipotence, our Sober Guardians of Political Wisdom shrugged. Those who objected too strenuously, who used terms such as "criminal" and "lawlessness" or who raised the specter of impeachment -- the tool created by the Founders to redress executive lawbreaking -- were branded as radicals or impetuous, unserious partisan hysterics. The only crime recognized by official Washington is using impetuous or excessively irreverent language to object to the lawbreaking and radicalism of the Leader, or acting too aggressively to investigate it. That is the only crime that triggers their outrage.

Even with an overarching Ideology of Lawlessness explicitly embraced by their President right in front of their faces -- an ideology used to torture people, to detain people in "law-free" dungeons around the world, even to abduct our fellow citizens on U.S. soil and put them into a black hole for years without any charges or even contact with the outside world -- our political establishment stood by him, supported him, insisting that he and his Vice President were serious, responsible men acting under difficult circumstances to protect us, and that the only ones deserving of true scorn were those who were overzealous in their criticisms of the Leaders.

The President and his followers know that they can apply completely different rules to themselves, and freely break the law, because our Washington establishment, our "political press," will never object too strenuously, or even at all. Over the last six years, our media has directed their hostility <b>only towards those who investigate or attempt to hold accountable</b> the most powerful members of our political system -- <h2>hence their attacks on the GOP prosecutor investigating the Bush administration's crimes</h2>, their anger towards the very few <a href="http://www.latimes.com/news/opinion/la-oe-silverstein30jun30,0,1939913.story?coll=la-opinion-rightrail">investigative reporters</a> trying to uncover Washington's secrets, and their <a href="http://www.salon.com/opinion/greenwald/2007/03/26/matthews/index.html">righteous condemnation</a> towards each of the <a href="http://www.washingtonpost.com/wp-dyn/content/article/2006/03/14/AR2006031401752.html">handful of attempts</a> by Congress to exercise investigative oversight of the administration.

The political press -- the function of which was envisioned by the Founders to investigate and hold accountable the most politically powerful -- now fulfill the exact oppose purpose in our country. They are slavishly protective of our highest political officials, and adversarial only to those who investigate, oppose and seek to hold those officials accountable. Hence, in official Washington, the Real Villains are Patrick Fitzgerald, Ken Silverstein, Russ Feingold and his Censure resolution, Pat Leahy and his disruptive subpoenas -- our Beltway elite reserves their venom for those who want to <a href="http://www.salon.com/opinion/greenwald/2007/06/19/cohen/index.html">turn the lights on</a> what our most powerful political officials are doing.

What kind of country do we expect to have when we have a ruling Washington class that believes that they and their fellow members of the Beltway elite constitute a separate class, one that resides above and beyond the law? That is plainly what they believe. And we now have exactly the country that one would expect would emerge from a political culture shaped by such a deeply insulated, corrupt and barren royal court.

In <a href="http://www.thisnation.com/library/books/federalist/70.html">Federalist No. 70</a>, Alexander Hamilton described the defining power of the King which made the British monarchy intolerably corrupt: "In England, the king is a perpetual magistrate; and it is a maxim which has obtained for the sake of the public peace, that <b>he is unaccountable for his administration, and his person sacred."</b> Thomas Paine proclaimed in Common Sense "that so far as we approve of monarch, that in America THE LAW IS KING." But little effort is required to see how far removed we now are from those basic principles.

It it no surprise that we have political leaders who are corrupt and abuse their power. Our whole political system is premised on the expectation that this will happen. But that expectation was accompanied by the attempt by the Founders to create as many safeguards and checks on those abuses as possible. Over the last six years, all of those safeguards have failed completely.

We have a radical and lawless government that has run rampant over the last six years precisely because the institutions designed to stop that abuse have not only stood idly by, but have actively defended and participated in it. We actually have a press corps that holds, as its central belief, <b>that our highest government officials should be free of investigation and accountability</b>. In every country ruled by a lawless government and a corrupt political and media elite, powerful political officials do not go to prison for crimes. That is why convicted felon Lewis Libby will remain free....

ubertuber 07-03-2007 07:59 PM

Quote:

Originally Posted by powerclown
Actually, if one wanted to get technical about it, there is a fair case to be made that the sentence was excessive. Fitzgerald knew that Libby didn't out Plame, didn't violate the Intelligence Identities Protection Act, the law at issue here from the start. Going ahead with the trial knowing that Libby was innocent of the charge while simultaneously knowing that Amritage was the actual source of the leak could be seen by some as definitive legal grounds for dismissing the case outright.

It seems like this is a variation of the "no underlying crime" theme. I see these arguments put forth over and over, yet they never makes sense to me. Libby wasn't convicted of the things you listed. He was convicted of something else - obstructing justice.

To follow your argument to its conclusion, recreational perjury and obstruction is fine. The only perjury that matters is perjury in cases where a guilty verdict is found in the charges that began the investigation. Of course, this doesn't make sense, in that there is no verdict at the time the perjury or obstruction is committed. To claim that it works itself out to nill is to say that the witness/party in question has the right and authority to decide for his or herself whether the investigation is justified or will be fruitful. That's obviously ridiculous.

The integrity of the entire criminal justice system relies on being able to conduct investigations. You can't allow obstruction or perjury in any circumstance, whether it is material in retrospect or not. That's the thing that got Clinton nailed, and truth be told he deserved more than he got, even if the thing that started it all was a blowjob or sexual harassment. And just because we screwed that one up (in terms of creating accountability) doesn't mean that we have to screw this one up as well.

That doesn't even begin to consider the question of what the outcome of Fitzgerald's investigation would have been without Libby's obstruction, to say nothing of the more informal resistance that was nearly constant.

Telluride 07-03-2007 09:02 PM

Quote:

Originally Posted by host
Telluride, don't you think that you do yourself a disservice by posting (believing ????) such a simplistic dismissal of "both parties"? Can it really be that simple? I doubt it....

I didn't claim that there was an equal amount of corruption in both parties right now or even that one party has been more corrupt or abusive within a certain time frame. What I'm saying is that a look at the histories of both parties will show prominent politicians at the state and federal levels endorsing abuses of the rights of American citizens (which is why I don't trust either party or government in general). Do you disagree?

powerclown 07-03-2007 09:05 PM

In all seriousness, I'm not sure what your point is ubertuber.

It seems to me that at the point where Armitage came forward, the probability that an actual crime had been committed dropped to about zero. Now this doesn't mean that it was impossible for a crime to have happened, but it does seem unlikely. Dragging people in front of a grand jury to answer questions under oath seems like it should be done to investigate an actual crime, not to satisfy a overzealous prosecutor pursuing a case that originated from profound differences of opinion on U.S. foreign policy.

As neither a lawyer or a constitutional scholar I have no idea what the law says about this, but to me it looks like something that I would like to think would be considered an abuse of the grand jury process.

37OHSSV 07-03-2007 10:36 PM

Quote:

Originally Posted by host
<h2>If you were <s>Fitzgerald</s> Ken Starr, how would you have reacted when it became obvious that <s>Libby</s> Clinton was lying and obstructing?</h2>

Are you suggesting that politicians who lie and obstruct justice should always serve jail time, or that only selected ones should?

Quote:

Originally Posted by joshbaumgartner
Oh it is so harsh that a man convicted of four felonies in Federal court should have to spend a couple years in jail!

And this from a man who killed 150 Texans while being so darn proud of the fact he never once spent more than 15 minutes reviewing one of their cases. Not once did he even consider mercy or justice when it came to handing out the death penalty, but oh, one of his buddies might have to spend a year or two in jail, oh heavens, best show mercy there!

*shakes head* Is it just me that sees this as the least bit disingenuous on W's part?

I think the number of people at Waco was only 87 or so. Their cases were not reviewed because they were killed without trial.

Oh, you meant Bush! *shakes head*

This is one COLOSSAL tempest in a teapot.

Willravel 07-03-2007 10:47 PM

Yeah, justice is unimportant. Let's all go watch American Idol and allow the planet to get ass raped by selfish power hungry pricks.

Teapot in a tempest, more like.

host 07-04-2007 12:59 AM

Quote:

Originally Posted by powerclown
In all seriousness, I'm not sure what your point is ubertuber.

It seems to me that at the point where Armitage came forward, the probability that an actual crime had been committed dropped to about zero. Now this doesn't mean that it was impossible for a crime to have happened, but it does seem unlikely. Dragging people in front of a grand jury to answer questions under oath seems like it should be done to investigate an actual crime, not to satisfy a overzealous prosecutor pursuing a case that originated from profound differences of opinion on U.S. foreign policy.

As neither a lawyer or a constitutional scholar I have no idea what the law says about this, but to me it looks like something that I would like to think would be considered an abuse of the grand jury process.

Quote:

Originally Posted by Telluride
I didn't claim that there was an equal amount of corruption in both parties right now or even that one party has been more corrupt or abusive within a certain time frame. What I'm saying is that a look at the histories of both parties will show prominent politicians at the state and federal levels endorsing abuses of the rights of American citizens (which is why I don't trust either party or government in general). Do you disagree?

Telluride, you've framed your response, and then your question in a measured and reasonable way....and of course, I do not disagree with you. If you are saying that the "history" of the malfeasance of both parties is grounds, at this time, to embrace alternative parties, I don't see that as practical or in the best interests of the majority. The democrats, before this year, did not control the house since Jan., 1995, and the senate, since Jan. 2003. IMO, our country is in a crisis of confidence in it's national leadership...and the only near term hope to mitigate it is to restore checks and balances, via renewal of oversight and accountability of the executive branch by the congress. The congress is now led by a democratic party majority. The house speaker and key senate and house committees are recently led by, so far.... inquisitive, deliberative, methodical, and....when appropriate....aggressive, no nonsense, congressmen and senators. They seem headed in a direction that will reveal whether the DOJ can ever again, under this president, function as the investigative and enforcement agency of the people of the United States, or only of the dictates of the executive branch....and sooner than I would have predicted. It's the wrong time to look elsewhere for a political remedy, IMO.

We deserve better than we've gotten. Use the democrats in the short term, to unseat as many republicans as possible, in November, 2008. Then, if they disappoint, back whoever you prefer in the 2010 mid-term elections. I see no other way to change course as quickly as is needed.....

<b>powerclown:</b>

This is from "one of your own"...he "gets it":
Quote:

http://captainsquartersblog.com/mt/archives/010173.php
June 7, 2007
Was The Libby Sentence 'Extreme'?....


.....They found Libby guilty on four of five counts of perjury and obstruction of justice -- crimes that go to the heart of our justice system. Whether or not the investigation in question resulted in an indictment on the original charges, we cannot allow people to lie and obstruct justice, even when they believe they act with the best intentions. Keeping the conviction and the fine while commuting the prison sentence would be a good middle ground to acknowledging the adventuresome nature of Patrick Fitzgerald's investigation, and it also allows Libby to continue to pursue his appeals on the conviction.

However, I'm struck by the notion that the sentence is extreme or excessive. Federal sentencing guidelines for perjury and obstruction are pretty clear, as my friend Jeralyn Merritt points out. Obstruction of justice is a level 14 crime for sentencing purposes, and even with no criminal record, a single count at that level brings a 15-21 month sentence, as the DoJ chart shows. It also carries a 3-level upgrade if "the offense resulted in substantial interference with the administration of justice." That puts Libby's level at 17, with a 24-30 month sentence. If the defendant/convict abused a position of "special trust" -- and as a high-ranking government official, Libby qualifies -- the level on sentencing has to be increased two levels to 19. That puts the potential sentence at 30-37 months -- and that's not accounting for multiple convictions for perjury.

Federal judges do not have a lot of leeway on sentencing. That's because conservatives insisted on these sentencing guidelines more than twenty years ago, frustrated with a judiciary that gave too many slaps on the wrist. They work well, too, but they tie the hands of federal judges. Judge Reggie Walton expressed sorrow and frustration at the sentencing, but his hands were mostly tied. As I wrote earlier this week, the convictions made the sentencing an anticlimax, and Walton appears to have actually taken it easy on Libby. Walton's only other option would have been to vacate the convictions, but he had no real legal basis on which to do that.

I believe Bush will wait for the appeals process to run its course before inteceding on Libby's behalf in any way. If he does intercede, he would be better advised to take Otis' advice.
Doesn't Ed Morrissey of captainsquartersblog.com make an identical argument to that of "team Fitzgerald", displayed below?

Doesn't Bush....if this article can be relied on....seem like an unconscionable elitest and hypocrite? He unleashed Judge Walton on the U.S. public....but not on his own Scooter Libby?
Quote:

http://www.latimes.com/news/nationwo...,6468944.story

LOS ANGELES TIMES
Libby's judge known as 'tough guy'; that's why Bush appointed him
Libby's judge was one of the president's first judicial appointments.
By Richard B. Schmitt, Times Staff Writer

June 7, 2007

WASHINGTON — Years ago, when he was a local trial judge, Reggie B. Walton developed a reputation for his sentencing of ordinary street thugs.

"If you got convicted, he was going to smack you," said Randall Eliason, a former prosecutor who recalled that Walton would often sentence defendants more harshly than other judges would.

That Walton would put the Bush administration in an uncomfortable position of having to consider a politically charged pardon for Libby is highly ironic: The 58-year-old jurist was one of the first appointments that Bush made to the federal bench in October 2001, a prime example of a new law-and-order mentality that the administration wanted to infuse in the courts.

"Bush wanted people to know that 'I appoint tough guys to the bench,' " said Roscoe Howard, the U.S. attorney in Washington during Bush's first term. "They appointed him just for what he did to Scooter; they were just not expecting it to happen to Scooter."

By all accounts, Walton is a tough guy. A judge for more than 25 years, he did two separate stints on the Superior Court of the District of Columbia, appointed by both Presidents Reagan and George H.W. Bush. He served as an associate director of the White House drug control office and as chairman of a national commission to curb prison rape.

The Washington Post reported an incident two years ago in which Walton, driving his family in downtown Washington to the airport for a vacation, noticed a cabdriver being attacked. The 5-foot-9 judge, who played football at West Virginia State University, stopped his vehicle, wrestled the attacker to the ground and held him in check until police arrived.

"He started toward me," Walton told the Washington Post. "I had to take him down."

Despite Walton's history as a "long ball hitter" when it comes to sending criminals to jail, lawyers and legal experts said the punishment he imposed on Libby was within his discretion under the law.

The 2 1/2 year sentence was within the range of guidelines that the Bush administration has created and espoused for federal judges to follow to ensure that defendants are punished the same regardless of the judge hearing their case. The administration and Republican members of Congress have admonished other judges who give defendants a break under the guidelines . . .
<b>I post the influences on my opinion, powerclown....right outta the "record"....and yours come from....where?</b>
Quote:

http://media.washingtonpost.com/wp-s...memo052507.pdf
Page 1

THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA )
) CR. NO. 05-394 (RBW)
v. ))
I. LEWIS LIBBY, )
also known as Scooter Libby )
GOVERNMENT’S SENTENCING MEMORANDUM
The UNITED STATES OF AMERICA, by its attorney, PATRICK J. FITZGERALD,
Special Counsel, respectfully submits the following sentencing memorandum:


........This memorandum addresses the seriousness of defendant’s
offense conduct and <b>responds to certain possible mitigating arguments identified in the
Presentence Investigation Report</b>.....

<b>II. Seriousness of Defendant’s Offense Conduct</b>.........

....Page 2

.....As President Bush stated on October 6,
2003: “[t]his is a very serious matter, and our administration takes it seriously. . . . We’re
talking about a criminal action, but also hopefully will set a clear signal we expect other leaks
to stop, as well. And so I look forward to finding the truth.” Remarks by President Bush at
Press Availability with President Kibaki of Kenya, Oct. 6, 2003, at
http://whitehouse.gov/news/releases/...0031006-3.html. The President and his
spokesman made it clear on repeated occasions that the President expected everyone in his
administration to cooperate and provide information to the investigators.......


.....Page 7

<b>III. Response to Certain Arguments in Mitigation</b>
In this case, as is his right, Mr. Libby maintains that despite his conviction, he is
totally innocent. He has expressed no remorse, no acceptance of responsibility, and no
recognition that there is anything he should have done differently – either with respect to his
false statements and testimony, or his role in providing reporters with classified information
about Ms. Wilson’s affiliation with the CIA.

Instead, on Mr. Libby’s behalf his supporters have submitted to the probation office
and the Court a variety of arguments challenging the propriety of his prosecution. These
arguments for leniency paint Mr. Libby as the victim of an improper, unnecessary, and
politically motivated investigation, an unfair indictment, and a wrongful conviction. These
arguments mirror comments made by the defense’s public relations team and posted on the
defense website, www.scooterlibby.com, before, during and after the trial. The submission
of these arguments on Mr. Libby’s behalf is well known to Mr. Libby and his attorneys, and
while they have not to date explicitly embraced these arguments, neither have they disavowed
them. The government submits that these arguments are completely at odds with the kind of
contrition that normally is a pre-condition to leniency. We address the lack of merit of these
arguments in the event the defense presses such arguments as supporting a lenient sentence.

<b>A. Mr. Libby’s Public Service</b>
In the Offender Characteristics Section of the Presentence Investigation Report, a
number of Mr. Libby’s supporters cite Mr. Libby’s public service on behalf of our national

Page 8

security during the war against terrorism, and note the fact that Mr. Libby worked long hours
for the government under great stress, when he could have earned a more lucrative salary in
the private practice of law. We take no issue with Mr. Libby’s service to the government and
recognize that it did indeed involve long hours, great stress and foregone income. While
some may fervently support particular policy positions Mr. Libby advocated, and others
strenuously object to those same positions, what is relevant for sentencing is not any effort
at assessing the correctness of those policies, but recognition of a positive aspect of Mr.
Libby’s character: namely that Mr. Libby worked long and hard to advance policies that he
believed were in the best interests of the United States. We have never challenged that
aspect of Mr. Libby’s background and do not do so now.

However, some of those who spoke to the Probation Office on Mr. Libby’s behalf
advocate that his service in the public sector should excuse him from imposition of any
punishment for his crimes. [Sentence redacted and filed under seal.]

It is worth placing such suggestions in
context by noting that there are many others who have served the nation at great personal
hardship, the overwhelming majority of whom are of considerably less means than Mr.
Libby. Yet we would not be prepared to excuse those who served in the FBI, the CIA, the
military or the Peace Corps if they were found to have perjured themselves and committed

Page 9

obstruction of justice during a criminal investigation of a national security matter. We should
not apply a different set of rules to Mr. Libby because he served in the White House.

<b>B. Propriety of Mr. Libby’s Prosecution</b>
Others of Mr. Libby’s friends and associates <b>interviewed for the Presentence
Investigation Report assert that his prosecution was unwarranted, unjust, and motivated by
politics.</b> [Remainder of paragraph redacted and filed under seal.]


Page 10

<h3>The argument that Mr. Libby is an innocent wrongly charged</h3> because it was known
early in the investigation that others had leaked the identity of Valerie Wilson overlooks
critical facts as well as the jury’s carefully reasoned verdict. First, the evidence at trial
proved that Mr. Libby was guilty, not innocent. Mr. Libby learned about Ms. Wilson’s CIA
employment in June 2003 directly from the Vice President, as well as from senior
government officials from both the State Department (Marc Grossman) and the CIA (Bob
Grenier) and Cathie Martin, who handled public affairs for the Vice President. <b>The evidence
showed that Mr. Libby was aggravated about Ambassador Wilson</b> and paid exceptionally
close attention in June and July 2003 to media stories about Mr. Wilson. Mr. Libby disclosed
information about Ms. Wilson’s employment <h3>to Judith Miller on June 23.</h3>

Following Ambassador Wilson’s Op Ed <h3>in the New York Times on July 6, 2003</h3>, Mr.
Libby inserted himself even more in the press response to Mr. Wilson. On July 7, he
disclosed the information <b>about Ms. Wilson’s CIA employment to Ari Fleischer</b>, then the
White House press secretary, in what Mr. Fleischer described as a “weird lunch.” The next
morning, Mr. Libby disclosed the information about Ms. Wilson’s CIA employment again
to reporter Miller. Mr. Libby provided information about Mr. Wilson and Ms. Wilson on the
condition that any attribution <b>disguise him as a “former Hill staffer.”</b> Later that week, Mr.


Page 11

Libby confirmed the information about Ms. Wilson’s CIA employment to reporter Matt
Cooper, who had first learned the information from Karl Rove.

The evidence at trial further established that when the investigation began, Mr. Libby
kept the Vice President apprised of his shifting accounts of how he claimed to have learned
about Ms. Wilson’s CIA employment. The evidence <b>proved that Mr. Libby invented a
conversation about Ms. Wilson’s employment with Mr. Russert, lied about other
conversations with other officials and reporters and claimed not to have known the
information</b> he was spreading to reporters about Ms. Wilson’s CIA employment was true.

Mr. Libby even went so far as to claim that he was “surprised” and “taken aback” by what
Mr. Russert had told him about Ms. Wilson and the CIA on July 10, and to claim that Mr.
Libby did not even know at the time of his conversations with reporters that Mr. Wilson had
a wife. Mr. Libby also claimed to have a clear memory <h3>that the only topic he did not discuss
with the Vice President in the aftermath of the Wilson Op Ed was Ms. Wilson’s CIA
employment.</h3>

Second, it is <b>undisputed but of no moment that it was known early in the investigation
that two other persons (Richard Armitage and Karl Rove)</h3> in addition to Mr. Libby had
disclosed Ms. Wilson’s identity to reporters, and that Messrs. Armitage and Rove were the
sources for columnist Robert Novak’s July 14, 2003 column, which first publicly disclosed
Ms. Wilson’s CIA affiliation. The investigation was never limited to disclosure of Ms.
Wilson’s CIA affiliation to Mr. Novak; rather, from the outset the investigation sought to

Page 12

determine who disclosed information about Ms. Wilson to various reporters, including – but
not limited to – Mr. Novak.

From these facts, <h3>it is argued either that the entire investigation should have been
quickly terminated or that it was inappropriate that at the end of the investigation only Mr.
Libby was charged. We address both arguments below.</h3>

<b>1. Termination of the Investigation</b>
The assertion that the collective facts known at an early point in the investigation
warranted a summary termination of the investigation does not stand up to close scrutiny.

First, it was clear from very early in the investigation that <h3>Ms. Wilson qualified under the
relevant statute (Title 50, United States Code, Section 421) as a covert agent whose identity
had been disclosed by public officials</h3>, including Mr. Libby, to the press. Early in the
investigation, however, the critical issue remained as to precisely what the particular officials
knew about Ms. Wilson’s status and what the officials intended when they disclosed her
identity to the media. Moreover, in assessing the intent of these individuals, it was necessary
to determine whether there was concerted action by any combination of the officials known
to have disclosed the information about Ms. Plame to the media as anonymous sources, and
also whether any of those who were involved acted at the direction of others.

This was particularly <h3>important in light of Mr. Libby’s statement to the FBI that he may have
discussed Ms. Wilson’s employment with reporters at the specific direction of the Vice President.</h3>

Page 13

Finally, it remained to be determined whether the accounts of various persons who
disclosed the information to the media were truthful, and, if not, whether any false statement
made could be proven to be intentionally false. In that vein, it became apparent at an early
stage of the investigation that <b>Mr. Libby’s account was sharply contradicted by the accounts
of other witnesses, most notably Tim Russert. The investigation thus appropriately continued</b>
for several months after the October 2003 disclosures by Messrs. Armitage, Rove and Libby,
under the direction of then Attorney General Ashcroft, until late December 2003 when
Special Counsel was appointed.

The investigation then continued for the same reasons. It also bears note that <h3>although certain
of Mr. Libby’s supporters have suggested that it was improper for the investigation to continue
without publicly disclosing what Mr. Armitage, Mr. Rove, and Mr. Libby admitted in interviews or
before the grand jury, maintaining the confidentiality of witness statements and testimony was
not only required by law, but was an appropriate and routine investigative practice that protected
witnesses’ privacy, reduced the risk that witnesses would influence each others’ recollections and
testimony, and protected the reputations of uncharged persons.</h3>

To accept the argument that Mr. Libby’s prosecution is the inappropriate product of
an investigation that should have been closed at an early stage, <h3>one must accept the
proposition that the investigation should have been closed after at least three high-ranking
government officials were identified as having disclosed to reporters classified information
about covert agent Valerie Wilson, where the account of one of them was directly

Page 14

contradicted by other witnesses, where there was reason to believe that some of the relevant
activity may have been coordinated, and where there was an indication from Mr. Libby
himself that his disclosures to the press may have been personally sanctioned by the Vice
President.</h3> <h2>To state this claim is to refute it.</h2> Peremptorily closing this investigation in the
face of the information available at its early stages <h3>would have been a dereliction of duty, and
would have afforded Mr. Libby and others preferential treatment not accorded to ordinary
persons implicated in criminal investigations.</h3>

<b>2. Prosecution of Mr. Libby for Obstruction of Justice and Perjury in
the Absence of a Prosecution of Any Person for the Underlying
Disclosure of Classified Information</b>

Nor is it of any consequence to Mr. Libby’s conduct – perjury and obstruction of
justice – that others may have engaged in similar disclosures of classified information for
which neither Mr. Libby nor they were charged. At the end of the investigation, after all the
information was gathered – including testimony of the reporters and relevant documents –
a decision was made not to pursue substantive charges for the disclosure of classified
information about Ms. Wilson’s CIA employment.

This fact does not support the logical leap
that investigators knew at the beginning of the investigation that no such charges would be
brought, nor does it have any bearing on the propriety of Mr. Libby’s prosecution for perjury.
While not commenting on the reasons for the charging decisions as to any other
persons, we can say that the reasons why Mr. Libby was not charged with an offense directly
relating to his unauthorized disclosures of classified information regarding Ms. Wilson

Page 15

included, but were not limited to, the fact that Mr. Libby’s false testimony obscured a
confident determination of what in fact occurred, particularly where the accounts of the
reporters with whom Mr. Libby spoke (and their notes) did not include any explicit evidence
specifically proving that Mr. Libby knew that Ms. Wilson was a covert agent. <b>On the other
hand, there was clear proof of perjury and obstruction of justice which could be prosecuted
in a relatively straightforward trial.</b> As Judge Tatel noted in his concurring opinion in In re
Grand Jury Subpoena, Judith Miller, 438 F.3d 1141, 1182 (D.C. Cir. 2006), “insofar as false
testimony may have impaired the special counsel’s identification of culprits, perjury in this
context is itself a crime with national security implications. What’s more, because the
charges contemplated here relate to false denials of responsibility for Plame’s exposure,
prosecuting perjury or false statements would be tantamount to punishing the leak.”

Finally, the suggestion that there is something unusual or inappropriate about pursuing
a prosecution for a crime of obstruction where the underlying crime is not prosecuted is a red
herring <h3>(and oddly suggests that Mr. Libby’s prosecution would not have been “wrongful”
if only the government had brought more charges against him or others).</h3> Such perjury
prosecutions are hardly unusual; indeed, <b>as the Supreme Court noted in Mandujano, our
system of justice would break down if witnesses were allowed to lie with impunity.</b> This is
especially true where the lies at issue succeeded in preventing the investigators from
determining with confidence what had occurred.

Page 16

In light of the foregoing, the assertions offered in mitigation are <h3>consistent with an
effort by Mr. Libby’s supporters to shift blame away from Mr. Libby for his illegal conduct
and onto those who investigated and prosecuted Mr. Libby for unexplained “political”
reasons.</h3> The assertions provide no basis for Mr. Libby to receive a reduced sentence.

The record should be clear that the grand jury investigation was conducted fairly and in
appropriate secrecy; <h3>Mr. Libby had ample legal resources and talent available to him to raise
all appropriate legal challenges and mount a legal defense</h3>; the Court provided Mr. Libby
substantial opportunity to follow through on the defense he proffered; and the jury carefully
and dispassionately weighed the evidence over the course of many days and convicted on
four counts and acquitted on another. <h3>While the disappointment of Mr. Libby’s friends and
supporters is understandable, it is inappropriate to deride the judicial process as “politics at
its worst” on behalf of a defendant who, the evidence has established beyond a reasonable
doubt, showed contempt for the judicial process when he obstructed justice by repeatedly
lying under oath about material matters in a serious criminal investigation.</h3>

<b>IV. Conclusion</b>
Mr. Libby, a high-ranking public official and experienced lawyer, lied repeatedly and
blatantly about matters at the heart of a criminal investigation concerning the disclosure of
a covert intelligence officer’s identity. <h3>He has shown no regret for his actions, which
significantly impeded the investigation. Mr. Libby’s prosecution was based not upon politics
but upon his own conduct, as well as upon a principle fundamental to preserving our judicial

Page 17

system’s independence from politics:</h3> that any witness, whatever his political affiliation,
whatever his views on any policy or national issue, <h2>whether he works in the White House or
drives a truck to earn a living, must tell the truth</h2> when he raises his hand and takes an oath
in a judicial proceeding, or gives a statement to federal law enforcement officers. <h3>The
judicial system has not corruptly mistreated Mr. Libby; Mr. Libby has been found by a jury
of his peers to have corrupted the judicial system.

In light of the foregoing, it is respectfully submitted that Mr. Libby should be
sentenced to a term of imprisonment within the applicable range of 30 to 37 months</h3> as set
forth in a separate memorandum being filed today addressing the sentencing guidelines
calculations. It is respectfully submitted that the sentencing range is reasonable and
appropriate and that the Court should determine the precise sentence within that range in
light of all the factors set forth in Title 18, United States Code, Section 3553(a).

Respectfully submitted,
/s/
PATRICK J. FITZGERALD
Special Counsel
219 South Dearborn Street
Chicago, Illinois 60604

(312) 353-5300
Dated: May 25, 2007
You can read Libby's defense team's unsuccessful pleadings to the court here:
Quote:

SENTENCING MEMORANDUM ON BEHALF OF I. LEWIS LIBBY: http://salonmedia.vo.llnwd.net/o1/pdf/libby.pdf

DEFENDANT I. LEWIS LIBBY’S OPPOSITION TO
THE GOVERNMENT’S MEMORANDUM OF LAW IN SUPPORT OF
ITS PROPOSED SENTENCING GUIDELINES CALCULATIONS: http://salonmedia.vo.llnwd.net/o1/pd...y_response.pdf

It is important to note that the Probation Service's pre-sentencing report on Libby has not been released. We can gain insight into it's unusual (unprecedented...one of a kind...) preferential consideration of Libby, by the frequent citing of it by Libby's attorneys in the pleadings linked below. It shows such concern for convicted felon Libby, that it cannot be viewed as legitimate or impartial work product of a DOJ agency that is not known, in other cases, for anything like what the defense represents that it determined about Libby.


...and Libby showed no remorse and was unapologetic at sentencing:
Quote:

http://www.pbs.org/newshour/bb/law/j...bby_06-05.html
Originally Aired: June 5, 2007
Analysis


Libby Sentenced to More Than Two Years in CIA Leak Case


......JIM LEHRER: And that he thought the evidence proved the case, that he had lied about what he knew about what was going on at the time, correct?

CAROL LEONNIG: Absolutely. The judge also, you know, as you know, has a reputation as a "by the book," sort of long-ball hitter kind of judge, who is pretty hard on criminals, whether they're white-collar or violent criminals. And what he said to Scooter Libby today was that he agreed with the prosecution, that the prison sentence should be increased because of the seriousness of the investigation that Scooter Libby impeded, and also because the lies that he told forever shielded from the public the knowledge of whether those crimes were committed by Mr. Libby, the leaks, or by someone else.

JIM LEHRER: What did Libby say on his behalf in open court today?

CAROL LEONNIG: Well, you know, I've covered a lot of sentencings, and I found his comments really interesting. First of all, he was unflinching, as he was when the verdict was read, and throughout this experience he's been sort of an emotionless person.

He said that he was very grateful to the court personnel for all their help to him while he had been in the courthouse for the last year-and-a-half. And, finally, he said he just hoped the judge would take into consideration his own life and not just the jury's verdict.

But, again, <b>what I found striking was that Scooter Libby never said, "I'm sorry" or "I did something wrong" or "I made a mistake and I'll never do it again." Most defendants say that, and he did not.</b>

JIM LEHRER: Would Judge Walton have expected that and wanted that, as well, do you think?

CAROL LEONNIG: I think so. <b>I think most federal judges I've seen on the bench want to see some contrition and remorse, if only because it's an indicator that someone's acknowledged what a jury has found to be true.</b>

JIM LEHRER: Now, how do you read the judge's take on what happens next on this issue, the request from the defense to let Libby remain free while the appeal is decided?

CAROL LEONNIG: Well, it's also striking. I mean, I was talking to some legal experts today after the hearing. And the judge definitely broke away from the increasing trend in federal courts to release white-collar criminals pending their appeal and let them be free. The law sort of presumes that Scooter Libby will go to prison immediately after sentencing, but the trend has been in the other direction.

And Judge Walton went, again, by the book and said his feeling was, "You should go to prison immediately after sentencing," but after the defense pleaded with the judge to reconsider, he said, "OK, I'll listen to you for another week, and I'll decide next week at a hearing."

JIM LEHRER: And is this solely at the discretion of the judge? Can that be appealed itself?

CAROL LEONNIG: It's at his discretion. There can be back-and-forth over it, but ultimately it's his discretion.

JIM LEHRER: OK. Carol Leonnig, again, thank you very much.

CAROL LEONNIG: Thank you, Jim.....
....further in the link in the preceding quote box.... National Review's Byron York and The Nation's David Corn, engage in a debate identical to the one that <b>I am trying</b> to engage here....

irateplatypus 07-04-2007 08:10 AM

the reaction to the OP is, in general, variations on the certainty of mr. libby's guilt. that's really not relevant and not something i would even begin to contest.

i must restate...

if you are outraged by this libby business, there are only two morally consistent arguments available:

1) this libby case is an extra-ordinary abuse of power and insult to justice!
2) this libby case is just the latest in a never-ending string of abuses and i am opposed to all of them in measure proportionate to their severity

the first is very difficult or impossible to argue (dc_dux is the only one who's attempted it). the second demands a moral consistency that i haven't witnessed on this board. if you can't demonstrate the first and don't qualify to argue to second, you're guilty of the same preferential notion of justice for which you condemn the president.

-------------------------

host, i appreciate your discipline for citing resources... but i find your posting style more distracting than convincing. in addition to helpful source documents you also tend to post op/eds and info from dubious sources. what's more, they're often posted in their entirety. for what it's worth, i think they'd be more effective if your restated the argument in your own words and linked only to sources confirming objective facts that may not be readily accepted.

roachboy 07-04-2007 08:30 AM

i do not see what distinction you are trying to make with your repeated "you either think a or b" move, irate. the effect of it is to box in anyone who would take your post seriously--the problem is either pardons in general or this particular pardon/commutation. that is a false binary, as we say in the biz. what it does is erase context, erase this particular context, in order to substitute two alternate contexts--objections in principle to pardons or the list of previous pardons. i do not know what you imagine you accomplish with this move, but you seem quite committed to it, as if this false binary is enough to put those who find this latest move on the part of cowboy george to be problematic in an awkward spot.

the other problem is your insistence on switching away from the category of the political and onto some "moral" grounds in the fashioning of judgments. there is no justification provided for this switch.
there is no rationale for it, so far as i can can tell either.
what it seems cheap to me. like nothing is happening with or through it: except that you get to dictate not only the way the question is framed, but the grounds on which any possible critique of it can be articulated.
which is your prerogative, i suppose--you can try to do what you like--but there is no reason to expect that anyone who is not you will buy your thinking.

so there is no agreement about the way you are framing this question.
none.
so if you dont want to interact with host's posts and dont want to take seriously the response he provided you, then maybe we can start again in another way and you can defend the moves that shape your repetitions of the op.

dc_dux 07-04-2007 08:43 AM

Irate...

Several more facts that have come to light would further make the case for your 1) this libby case is an extra-ordinary abuse of power and insult to justice:

Presidential pardons and/or commutations are generally made after a portion of the term in prison had been served:
Sentencing experts said Bush's action appeared to be without recent precedent. They could not recall another case in which someone sentenced to prison had received a presidential commutation without having served any part of that sentence. Presidents have customarily commuted sentences only when someone has served substantial time.

"We can't find any cases, certainly in the last half century, where the president commuted a sentence before it had even started to be served," said Margaret Colgate Love, a former pardon attorney at the Justice Department. "This is really, really unusual."
Further, in making his case for the commutation, Bush's position that the prison sentence was "excessive" contradicts the policies and practices of his own DoJ (with whom he did not confer):
....records show that the Justice Department under the Bush administration frequently has sought sentences that are as long, or longer, in cases similar to Libby's. Three-fourths of the 198 defendants sentenced in federal court last year for obstruction of justice — one of four crimes Libby was found guilty of in March — got some prison time. According to federal data, the average sentence defendants received for that charge alone was 70 months.

(I would suggest Libby's obstruction was worse than most of the other 198 sentenced last year because of the violation of the public trust that accompanied his position in the highest level at the White House)
http://www.latimes.com/news/nationwo...tory?track=rss

I dont have a problem with presidential pardons in general. I would prefer they be used by a president to correct an injustice or to acknowledge someone who had accepted responsibility for his actions and expressed contrition (and served time) rather than as a political favor, but even the latter is a perk of the office. I would have had no complaint if Bush pardoned Libby at the end of his term next year and after Libby had served some time.

I do have a problem with the manner in which this commutation was presented and rationalized.

guy44 07-04-2007 09:45 AM

Libby wasn't convicted of outing a CIA officer, although if there was true justice in the world he would be. He was convicted of lying about what he did, under oath, which is illegal. It's called perjury.

So why should he get off while this guy doesn't, if there's no underlying crime and perjury isn't a huge deal?

Quote:

[I]n a case decided two weeks ago by the United States Supreme Court and widely discussed by legal specialists in light of the Libby case, the Justice Department persuaded the court to affirm the 33-month sentence of a defendant whose case closely resembled that against Mr. Libby. The defendant, Victor A. Rita, was, like Mr. Libby, convicted of perjury, making false statements to federal agents and obstruction of justice. Mr. Rita has performed extensive government service, just as Mr. Libby has. Mr. Rita served in the armed forces for more than 25 years, receiving 35 commendations, awards and medals. Like Mr. Libby, Mr. Rita had no criminal history for purposes of the federal sentencing guidelines.

The judges who sentenced the two men increased their sentences by taking account of the crimes about which they lied. Mr. Rita's perjury concerned what the court called "a possible violation of a machine-gun registration law"; Mr. Libby's of a possible violation of a federal law making it a crime to disclose the identities of undercover intelligence agents in some circumstances.

When Mr. Rita argued that his 33-month sentence had failed to consider his history and circumstances adequately, the Justice Department strenuously disagreed.
Both men were convicted of the EXACT same crime. The only difference I can see is that Rita was convicted of lying about a machine-gun registration law, while Libby was lying to cover his role (and almost certainly the role of Cheney, and maybe even Bush) in outing an undercover CIA agent for political gain.

Gee, I wonder who got off?

tecoyah 07-04-2007 11:55 AM

and yet......

Attorneys see irony in Libby case

Quote:

WASHINGTON (AP) -- President Bush knew what he was getting in 2001 when he made Reggie B. Walton one of his first picks for a seat on the federal bench: a tough-on-crime judge with a reputation for handing down stiff sentences.

A former deputy drug adviser, federal prosecutor and Superior Court judge, Walton seemed a perfect fit for the new president. And Walton didn't disappoint, proving to be exactly the kind of no-nonsense judge Bush was looking for.

Until now.

When erasing former White House aide I. Lewis "Scooter" Libby's 2 1/2-year prison term in the CIA leak case, Bush said Walton was being too harsh.


What a freakin' joke we have become

fastom 07-04-2007 04:40 PM

There is probably a good reason for springing Libby. There are some pretty big skeletons in the White House closet.

reconmike 07-04-2007 06:30 PM

Quote:

Originally Posted by fastom
There is probably a good reason for springing Libby. There are some pretty big skeletons in the White House closet.

There are always, ALWAYS big skeletons in the white house closet, no matter what party is there.

fastom 07-04-2007 08:23 PM

True that. I guess as long as the bad guys control both parties it'll never change. :paranoid:

It's funny how the CIA just admitted they used to commit crimes, George Sr was CIA leader before he was president. Clinton and the Mena drug thing involved Bush too.

It's like finding out that two rival car dealers that have ads slamming the other dealer are owned by the same person.

Jenny Hatch 07-05-2007 06:48 AM

I wish Libby had been given a full pardon for his non- crime and that Bush would have had the guts to do it right now.

Jenny

Dilbert1234567 07-05-2007 07:10 AM

Quote:

Originally Posted by Jenny Hatch
I wish Libby had been given a full pardon for his non- crime and that Bush would have had the guts to do it right now.

Jenny

he broke the law, he knowingly exposed an operative, ruining her entire career, a career dedicated to protecting the USA, pissed away for revenge. he should be hung for treason, not pardoned.

tecoyah 07-05-2007 07:32 AM

Yeah....certainly no favoritism to be seen here...move along/

Oh shit....whats that down there

Quote:

Bush Filed a Motion Last Year to Uphold the 33-Month Sentence of Victor Rita, a 24-Year Marine Corps Vet Convicted on Same Crimes as Libby
Last month, the Supreme Court agreed with the Bush Justice Dept., ruling against Rita’s appeal for a reduced sentence based his exemplary military service.

Sen. Joe Biden:
Tony Snow said that President Bush decided to commute Scooter Libby’s two and a half year-prison sentence for perjury and obstruction of justice, because it was “excessive.”

Yet last year the Bush Administration filed a “friend-of-the-court brief” with the Supreme Court, in an attempt to uphold a lower court’s ruling that a 33-month prison sentence for Victor Rita, who was convicted of the same exact charges, perjury and obstruction of justice, was “reasonable.”
http://www.pensitoreview.com/2007/07...rita-sentence/

host 07-05-2007 07:39 AM

Quote:

Originally Posted by Jenny Hatch
I wish Libby had been given a full pardon for his non- crime and that Bush would have had the guts to do it right now.

Jenny

Jenny, my good friend, Bill Henrickson....put it thusly:

Quote:

“In some ways, commutation is worse [for the cause of justice] than a pardon. With a commutation, Scooter Libby retains his Fifth Amendment rights.” If Rep. John Conyers, D-Mich., for example, were to call a hearing, Libby could still plead the Fifth Amendment against self-incrimination, remaining silent. Had he been pardoned and been completely cleared of any wrongdoing, then he would have a harder time refusing to answer questions. Libby’s continued silence protects Bush and Cheney.

The commutation also allows the Bush administration to remain silent. As Bush said, “I have said throughout this process that it would not be appropriate to comment or intervene in this case until Mr. Libby’s appeals have been exhausted.”

So the commutation ensures that Libby will not cooperate with Fitzgerald, and will not cooperate with Congress. Why does this matter? Because this case is not about obstruction of justice, it is not about perjury. Ultimately, this case is about war.

The Bush administration’s case for war depended on false claims about weapons of mass destruction. President George H.W. Bush hailed Wilson as “a true American hero” for his role as acting U.S. ambassador to Iraq when Saddam Hussein invaded Kuwait in 1990. But when Wilson publicly debunked the George W. Bush administration’s claim about African uranium, he was attacked, his wife was outed, her career ruined. Her job: an undercover CIA operative investigating weapons of mass destruction. This week, the United Nations formally closed down its weapons search program in Iraq, the U.N. Monitoring, Verification and Inspection Commission. So much for WMD.

Thompson released a statement after the commutation, saying, “This will allow a good American, who has done a lot for his country, to resume his life.” Good Americans sent to war, and who died, now number close to 3,600. They will not be getting on with their lives. And let’s not forget the hundreds of thousands of Iraqis killed. More than 20,000 Americans are wounded, some with limbs lost, some blinded, some brain-damaged. They have no choice but to get on with their lives, but without a star-studded fundraising committee.

The Declaration of Independence speaks of unalienable rights to life, liberty and the pursuit of happiness. It also says that when a government “becomes destructive of these ends, it is the Right of the People to alter or abolish it.”
(With apologies for lack of attribution of the above, to Marcy Wheeler, aka "emptywheel"...)

powerclown 07-05-2007 07:40 AM

Quote:

Originally Posted by tecoyah
My issue is the blatant disregard the Administration has shown for our system of justice, not only with the pardon but in virtually dozens of "forgetful" witnesses, obstruction of investigations and multiple levels of secrecy that do not seem related to national security. If you see no problem with what is going on up there...that is certainly your perogative. Understand though, that many do not carry the level of trust you do, when it comes to the foundations of the country they live in.

Understood. I acknowledge politics being played on both sides of the aisle...spilling over into the public domain. My thing is that this trial was on very, very shaky and partisan ground from the start, initiated by an anti-war politico with a frogmarch agenda. I think what Joe Wilson tried to do policically was shady, and the white house fought back politically.


Playing Politics with Libby
by Alan Dershowitz
Posted July 3, 2007 | 10:09 AM (EST)

The outcry against President Bush's decision to commute Scooter Libby's sentence is misplaced. President Bush acted hours after the U.S. Court of Appeals denied Libby bail pending appeal. That judicial decision was entirely political. The appellate judges had to see that Libby's arguments on appeal were sound and strong -- that under existing law he was entitled to bail pending appeal. (That is why I joined several other law professors in filing an amicus brief on this limited issue.) After all, if he were to be sent to jail for a year and then if his conviction were to be reversed on appeal, he could not get the year back. But if he remained out on bail and then lost the appeal, the government would get its year. In non-political cases, bail should have and probably would have been granted on issues of the kind raised by Libby.

But the court of appeals' judges, as well as the district court judge, wanted to force President Bush's hand. They didn't want to give him the luxury of being able to issue a pardon before the upcoming presidential election. Had Libby been allowed to be out on appeal, he would probably have remained free until after the election. It would then have been possible for President Bush to pardon him after the election but before he left office, as presidents often do during the lame duck hiatus. To preclude that possibility, the judges denied Libby bail pending appeal. The president then acted politically. But the president's action -- whether right or wrong on its merits -- was well within his authority, since pardons are part of the political process, not the judicial process. What the judges did was also political, but that was entirely improper, because judges are not allowed to act politically. They do act politically, of course, as evidenced by the Supreme Court's disgracefully political decision in Bush v. Gore. But the fact that they do act politically does not make it right. It is never proper for a court to take partisan political considerations into account when seeking to administer justice in an individual case.

The trial judge too acted politically, when he imposed the harshly excessive sentence on Libby, virtually provoking the president into commuting it.

This was entirely a political case from beginning to end. Libby's actions were political. The decision to appoint a special prosecutor was political. The trial judges' rulings were political. The appellate court judges' decision to deny bail was political. And the president's decision to commute the sentence was political. But only the president acted within his authority by acting politically in commuting the politically motivated sentence.

host 07-05-2007 09:35 AM

Quote:

Originally Posted by powerclown
Understood. I acknowledge politics being played on both sides of the aisle...spilling over into the public domain. My thing is that this trial was on very, very shaky and partisan ground from the start, initiated by an anti-war politico with a frogmarch agenda. I think what Joe Wilson tried to do policically was shady, and the white house fought back politically.....


powerclown, could you please post your article in a quote box....like the rest of us do.....

The article you posted is the work of an extreme partisan. You ignore that, by posting it, and....in order to hold the opinion that you posted, you must ignore the fact that Joe Wilson had no influence on the decision to prosecute Libby. Libby was prosecuted by a US Atty appointed by Bush, in a trail heard by a federal judge appointed by Bush, and Libby was investigated via a DOJ headed by an Atty General, appointed by Bush. The US Atty who acted as special counsel and prosecutor of Libby was appointed by Asst. Atty. General, Jame Comey, who was appointed by Bush. Two of the three judges on the appellate panel criticized by your articles narrator, Dershowitz were appointed by Reagan or by Bush's father....

You Dershowitz article has to compete with the following information, and, considering that he accuses 3 judges on the appellate panel and the trial judge, Reggie Walton, of somehow "playing politics", I can demonstrate how ludicrous Dershowitz's opinion is, by providing the background of one of the appellate panel judges, David Sentelle, and that of trial Judge Walton.....

On the one hand, your argument consists of the unsubstantiated accusations of Dershowitz, which fly in the face of the record of Sentelle and Walton, and your own opinion that this is "Wilson's fault". You attempt to advance these ideas as "reasonable"...things I'm assuming that you believe that we should consider, when the only non-Republican appointee in "the mix", is one democratic appointee of the three judges on the appellate panel. Even Joe Wilson was a Bush '41 dispatched, (to Baghdad) career diplomat, who Bush '41 once described as a "hero"....and Wilson had no influence over the investigative, indictment, trial process, or over Libbyy's appeal.

If Dershowitz's article is representative of why you feel so strongly opposite to the record of what happened in the Libby prosecution, and <b>the key things that you must deny to reach your conclusions...i.e.... that this is somehow "partisan", even though only Bush appointees took the Libby investigation, prosecution, and sentencing, all the way up to the point of appeal, and then, David Sentelle, of all people....ruled against Libby</b>....if this is how your "opinion gathering process", "works" with other issues....how would someone like me....ever be able to engage you in a substantative discussion on any issue?

powerclown....in order for a prosecution to be "partisan", or politically influenced, wouldn't it be most likely that a Bush appointed judge would be prosecuting a politically connected member if the opposing party. Here is what can happen, when that is the case....does this seem remotely lime the way Judge Walton treated Libby???? Both sentencings took place last month:
Quote:

http://news.google.com/news/url?sa=t...328/1001&cid=0

July 5, 2007
Siegelman, Scrushy led off in shackles

By Marty Roney


Former Gov. Don Siegelman and ousted Healthsouth CEO Richard Scrushy begin their first full day in prison today after being sentenced to about 7 years each on federal corruption charges.

Both men were led out of the federal courthouse in shackles and handcuffs Thursday night. U.S. Marshals refused to say where they will be held until the Federal Bureau of Prisons decides to which facility they will be assigned.

Scrushy and Siegelman appeared surprised when U.S. District Judge Mark Fuller refused to let them set up a voluntary surrender date or remain free on appeal bond.

"I'm shocked disappointed and surprised," said Vince Kilborn, one of Siegelman's attorneys, of his client being taken into custody. "The governor is upbeat. The last time I saw him he was in a holding cell. He was in shackles but his hands were free. He was concerned about consoling me."

Siegelman attorney David McDonald, holding the belt and suit jacket of the former governor because prisoners are not allowed to wear them, echoed Kilborn's remarks. He said Siegelman had remained positive, even professing his continued faith in the judicial system, following the sentence.........
<b>Is it even a possibility that David Sentelle, given his own record and reputation.... one of three appellate judges accused by Dershowitz of :
Quote:

That judicial decision was entirely political. The appellate judges had to see that Libby's arguments on appeal were sound and strong
....could possibly have acted as Dershowitz described....AGAINST Libby...out of a partisan motivation?</b>
Quote:

http://www.bloomberg.com/apps/news?p...B80&refer=home
Libby, Ex-Cheney Aide, Must Go to Jail During Appeal (Update2)

By Cary O'Reilly
Enlarge Image
Lewis "Scooter" Libby leaves Federal Court

July 2 (Bloomberg)

..... Three-Judge Panel

The three-judge appeals panel that issued today's order included Judges <h2>David Sentelle</h2>, nominated by President Ronald Reagan; Karen LeCraft Henderson, nominated by President George H.W. Bush, and David Tatel, nominated by President Bill Clinton. ........
Quote:

http://select.nytimes.com/gst/abstra...oth%2c%20Lauch
August 17, 1994, Wednesday
By PETER APPLEBOME, (Special to The New York Times); National Desk

Special to The New York Times

When David B. Sentelle was nominated to be a Federal judge in 1985, his patron, Senator Jesse Helms of North Carolina, said that he had decided when he first met Mr. Sentelle, "I would do whatever I could to make sure that this young man's integrity and talent, principles and courage, would be used by this country."

Now as he is embroiled in the controversy over the replacement of Robert B. Fiske Jr. by Kenneth W. Starr as the Whitewater independent counsel, Judge Sentelle has already had an influence on the country that may exceed the Republican Senator's fondest expectations.

He was a member of the three-judge panels that overturned the Iran-contra convictions of Oliver L. North and John M. Poindexter, and he is regarded as the driving force behind the appointment of Mr. Starr, whose conservative credentials have riled Democrats.

Friends and critics alike here recall Judge Sentelle, 51, as a first-rate lawyer; an affable, folksy personality; and a politically savvy, ideologically committed leader of the conservative wing of the Republican Party and a supporter of Mr. Helms.

"I used to see David on a number of issues, everything from Confederate monuments to minority set-asides," said Harvey Gantt, who dealt with Mr. Sentelle often in the late 1970's when Mr. Sentelle headed the local Republican Party and Mr. Gantt, a Democrat, sat on the City Council. "I can't remember David being on on my side about anything, but he was a very affable fellow, a friendly assassin, cowboy boots and all."

In the current dispute, Democrats say the judge acted improperly by having lunch with Senators Helms and Lauch Faircloth, North Carolina's other conservative Republican Senator, while the Federal appeals panel he headed was still considering the future of the special prosecutor. Mr. Faircloth was a leader of the effort to oust Mr. Fiske because he thought Mr. Fiske had not been tough enough in his investigation.

On Aug. 5, three weeks after the lunch, the three-judge panel, which oversees matters involving special counsels, replaced Mr. Fiske, whose work on Whitewater had generally pleased the White House. It chose Mr. Starr, a former Solicitor General in the Bush Administration, to replace him. Many Democrats were outraged by the appointment of Mr. Starr, a strong conservative who had been highly critical of President Clinton's claim of immunity in a sexual harassment suit. Removal Is Sought

Senator Howard M. Metzenbaum, Democrat of Ohio, said today that Mr. Starr should either step down or be removed and that Judge Sentelle should either step down or be removed from the judicial panel before he "has another chance to taint the appearance of another appointment."

Asked tonight for comment, Judge Sentelle said, "I don't talk to reporters."

The judge has issued a single written statement saying that the lunch was a routine social event and "to the best of my recollection nothing in these discussions concerned independent counsel matters."

People here who know Judge Sentelle generally describe him as a first-rate judge and lawyer. And even North Carolina Democrats are less likely to see an improper use of judicial power than further evidence of Mr. Helms's genius at finding like-minded conservatives and putting them in positions of power.

"I don't think there's a conspiracy here, just good politics," said State Representative Paul Luebke, a liberal Democrat and a sociology professor at the University of North Carolina at Greensboro who has frequently written on North Carolina politics. "Senator Helms has always known how to recognize talent and support capable Republicans who share his views. The real story is that David Sentelle was tapped years ago by Senator Helms as a young man with a bright future, and he ended up doing the sort of thing that would make Senator Helms proud of him." Steps to Success

There are few wildly conflicting views of David Bryan Sentelle, whom President Ronald Reagan chose in 1987 to join the United States Court of Appeals for the District of Columbia Circuit.

The son of a mill worker from Canton, N.C., Judge Sentelle's public life has centered on conservative, Republican politics and a successful career in the law.

At the University of North Carolina, he was president of the Young Republicans and chairman of the conservative Young Americans for Freedom. After graduating from the university's law school in 1968, he entered private practice in Asheville, in the hills of western North Carolina where he grew up, and then moved to Charlotte as an Assistant United States Attorney from 1970 to 1974.

He served as a state district judge from 1974 to 1977, becoming increasingly active in Republican politics and serving as Mecklenburg County Republican chairman in 1979 and 1980 until he ran unsuccessfully for the Mecklenburg County Commission.

He then worked in private practice until being named by Mr. Reagan in 1985 as a Federal district judge for the Western District of North Carolina, in Asheville. Two years later, 12 years first impressing Mr. Helms, he was named to the powerful appeals court in Washington to fill the vacancy created by the elevation of Antonin Scalia to the Supreme Court. Judge Sentelle's ties to Senator Faircloth, who became a Republican only in February 1991 and comes from the other side of North Carolina, are not as long-lived. 'Just a Good Guy'

It is far harder to find harsh critics of Judge Sentelle here in Charlotte than in Washington. Tom Ray, a longtime lawyer here and a prominent Democrat, said the judge's integrity was beyond dispute.

"David has always appeared to me to be rather conservative," Mr. Ray said, "but a man of great common sense. He's just a good guy. I have never heard of anybody questioning his integrity or the strength of his character. Nobody could seriously contend that he wasn't qualified for that court."

Phil Van Hoy, a lawyer and friend of Judge Sentelle, said the judge's rulings were determined by the law, not politics, and he scoffed at the notion that there was anything sinister about a luncheon between three North Carolinians in Washington.

"I think it's comical that anyone would make that sort of accusation about Dave," Mr. Van Hoy said, "especially when it comes from the people who see nothing untoward about Roger Altman having 40 meetings with the specific purpose of blowing the beans about what investigators are up to. If you're going to conspire, you don't do it in the middle of the Senate dining room with everyone watching."

But others, including Mr. Ray, said the luncheon was, at the least, a lapse of judgment. A more common response from critics is an uncomfortable sense of deja vu about Mr. Helms's continuing ability to affect government and policy despite his standing at the outer fringes of the political grid.

"From my perspective, Helms is still a more skilled politician than most people give him credit for," Mr. Luebke said. "That's why he's been elected four times despite always being more conservative than the majority of the people in North Carolina. He's always thought better about his long-range goals than have most senators, and that he recognized the potential of someone like Judge Sentelle 20 years ago is typical of his skill as a politician."

Quote:

http://www.highbeam.com/doc/1P2-917269.html

Toni Locy. The Washington Post (pre-1997 Fulltext). Washington, D.C.: Nov 3, 1994.

Two former presidents of the American Bar Association said yesterday they were surprised by the way a federal supervisory judge rejected questions raised about the propriety of appeals Judge David B. Sentelle's luncheon meeting with Republican senators as he was considering appointment of the Whitewater independent counsel.

In a harsh 16-page opinion issued Tuesday and obtained by The Washington Post, Judge Harry T. Edwards, chief judge of the U.S. Court of Appeals for the D.C. Circuit, called citizens who filed complaints against Sentelle "naive" and said they have a "fundamental misunderstanding" of how such appointments are made.

Three citizens filed complaints about Sentelle's July 14 luncheon on Capitol Hill with Sens. Jesse Helms and Lauch Faircloth, both North Carolina Republicans. Five former ABA presidents, in an unprecedented action, wrote a letter in September to the three-judge panel that Sentelle heads - and which is responsible for appointing independent counsels - asking the judges to act in an impartial manner in the future. They did not file a formal complaint.

"I can assure you that the one thing the five of us do not suffer from is naivete," said Robert MacCrate, a New York lawyer who was among the former ABA presidents critical of Sentelle.

Helms and Faircloth are staunch critics of the Clinton administration, but Faircloth was especially critical of early findings of special counsel Robert B. Fiske Jr. in investigating President Clinton's Whitewater real estate deal and his involvement with a failed Arkansas savings and loan.

MacCrate and John J. Curtin, a Boston lawyer and former ABA president, said Edwards may have missed the real point: that the public has a different view of the "appearance of impropriety" than judges and lawyers.

Two weeks after the luncheon, Sentelle's panel replaced Fiske with former solicitor general Kenneth W. Starr, who also served with Sentelle on the U.S. Court of Appeals for the D.C. Circuit. The panel cited Fiske's appointment by Attorney General Janet Reno as a possible conflict of interest.

Edwards is revered by many lawyers for his common-sense approach to the law. "I am surprised that someone who can make as good sense as I have found Judge Edwards to make would take this approach in this instance," MacCrate said.

Edwards, in dismissing the complaints, said Sentelle could consult with anyone he wanted about the appointment because he was not acting as a so-called Article III judge at the time, but as an Article II judge. Article III judges decide cases between adversaries and must guard against outside contacts, while Article II judges make appointments and must seek input, Edwards said.

"The whole point was not whether he was acting as an Article II or Article III judge," said Curtin, "but whether or not the public would feel there was an appearance of impropriety. It is an interesting legal distinction."

Sara Ruschaupt, a self-described housewife who filed one of the complaints, said Edwards was condescending. "It's like patting me on the head and telling me, `Don't worry your pretty little head about it. We know what we're talking about.' That's insulting," she said.
Quote:

http://www.consortiumnews.com/1990s/consor42.html
‘Politicized’ Prosecutors


By Robert Parry

The late U.S. Appeals Court Judge George MacKinnon, a respected Republican who oversaw independent counsels from 1985-92, stated that he would not have picked Kenneth Starr to investigate President Clinton, according to MacKinnon's son.

The son, James D. MacKinnon, said Judge MacKinnon objected to Starr's appointment in 1994, in part, because of the appearance of partisanship arising from Starr's senior position in the prior administration.

Judge MacKinnon also expressed concern about Starr's frequent public appearances, which the judge felt "were wholly inappropriate for an independent counsel," James MacKinnon wrote in a letter to Rep. Barney Frank, D-Mass.

Judge MacKinnon "was always most careful to appoint independent counsels whose motivations could not be criticized," his son stated. "My father always felt that independent counsels and judges should be extraordinarily discreet with any public comments, and be as anonymous as possible and simply do their work." Judge MacKinnon died in 1995.

James MacKinnon wrote the letter about his father's views on Feb. 3, in response to comments made by Frank in a TV interview. But the correspondence was not made public at the time. James MacKinnon faxed me a copy of the letter on Dec. 2 after I contacted him while reporting about the politicization of the special prosecutor apparatus.

Judge MacKinnon's view is significant because MacKinnon was an old-line conservative Republican who jealously defended the impartiality of the special prosecutor system. MacKinnon was a friend of Richard Nixon who appointed MacKinnon to the federal bench in 1969.

MacKinnon's statements to his son also indicate that had he been re-appointed chief of the three-judge panel that picks special prosecutors in 1992, Starr likely would never have been assigned to investigate President Clinton. The political landscape might look very different today.

In 1992, for reasons that have never been explained, Supreme Court Chief Justice William Rehnquist replaced MacKinnon with one of the most right-wing judges in the federal judiciary, U.S. Appeals Court Judge David Sentelle.

By naming Sentelle, Rehnquist altered the political climate surrouding the selection of special prosecutors, effectively injecting conservative ideology into the process in a way that had been avoided during the previous 14 years.

With the Sentelle appointment, Rehnquist also ignored a provision in the 1978 Ethics in Government Act designed to safeguard the process against politics. The original law stipulated that "priority shall be given to senior circuit judges and retired judges."

The law’s drafters hoped that recommendation would prevent appointment of younger, more politically ambitious judges who might, in turn, use their position to advance a partisan cause.

Before Sentelle, the judges named to lead the special-prosecutor panel were all senior jurists known for their non-partisanship. Rehnquist broke with that tradition in naming Sentelle, who was an active junior judge then in his 40s.

A North Carolina Republican, Sentelle was seen as a hard-line conservative, a protege of Sen. Jesse Helms and a close ally of Sen. Lauch Faircloth, two of the Senate's most conservative members.

Before donning black robes, Sentelle also had been a Republican Party activist. He had served as chairman of the Mecklenburg County Republican Party and had been a Reagan delegate at the 1984 GOP national convention. Sentelle was so enamored of the former president that he named his daughter, Reagan.

Even after his appointment to the federal bench, Sentelle engaged in public writings harshly critical of liberals. In one article, Sentelle accused "leftist heretics" of wishing to turn the United States into "a collectivist, egalitarian, materialistic, race-conscious, hyper-secular, and socially permissive state." [See the Harvard Journal of Law and Public Policy, winter 1991.]

Sentelle "takes politics seriously enough that he would do what it takes to make sure his party comes out on top," commented Ted Arrington, a professor at the University of North Carolina at Charlotte. [Legal Times, March 24, 1997]

By contrast, MacKinnon was cast more in the Eisenhower mold of reformist Republican who shunned overt partisanship. Some modern-day Republicans doubted his commitment to the ideological cause.

MacKinnon fell further out of GOP favor with his choice of Lawrence Walsh to investigate the Iran-contra scandal in 1986. Though a life-long Republican, too, Walsh refused to look the other way when he encountered what he considered significant crimes by President Reagan and his national security aides.

To the dismay of conservatives, Walsh pursued the scandal aggressively, winning convictions against White House aide Oliver North and Reagan's national security adviser John Poindexter. Walsh also squeezed guilty pleas out of other Reagan administration officials.

MacKinnon staunchly backed Walsh. But Reagan-appointed judges on the U.S. Court of Appeals in Washington bristled at the Iran-contra convictions.

In his book Firewall, Walsh called those judges "a powerful band of Republican appointees [who] waited like the strategic reserves of an embattled army."

A leader of this partisan faction was Judge Laurence H. Silberman, an obstreperous conservative. Silberman had served as a foreign policy advisor to Reagan's 1980 campaign and took part in a controversial meeting with an Iranian emissary behind President Carter's back during the Iran-hostage crisis.

At one point during the Iran-contra scandal, Silberman berated MacKinnon. "At a D.C. circuit conference, he [Silberman] had gotten into a shouting match about independent counsel with Judge George MacKinnon," Walsh wrote. "Silberman not only had hostile views but seemed to hold them in anger."

On the North appeal in 1990, Silberman teamed up with Sentelle to overturn North's convictions. Sentelle also served on a second three-judge panel that threw out Poindexter's convictions.

Despite the North-Poindexter setbacks, Walsh kept digging. By 1991, his investigators had discovered hidden documents revealing an elaborate Iran-contra cover-up. In effect, Walsh learned that North had told the truth when he claimed to be the "fall guy" for the scandal.

In 1992, Walsh confronted former Defense Secretary Caspar Weinberger with evidence of his role in the cover-up. When Weinberger refused to admit he had lied about his knowledge of Reagan's Iran-contra decisions, Walsh indicted Weinberger on perjury and obstruction charges.

The Weinberger indictment touched off a conservative firestorm against Walsh and, less visibly, against his protector, Judge MacKinnon. Walsh's breakthrough on the cover-up threatened to tarnish Reagan's legacy and complicated President Bush's re-election strategies in 1992.

Rehnquist, a conservative Republican who had been elevated to the chief justice spot by Reagan, moved to replace MacKinnon. In an interview, Walsh told me that he received a call from MacKinnon sometime in early 1992 with the news that Rehnquist was easing MacKinnon out and bringing Sentelle in.

"He [MacKinnon] was giving me a heads up," Walsh said, adding that it was clear that MacKinnon would have liked to continue in the post. "He really loved that job," Walsh said.

Rehnquist has never explained his reasoning for replacing MacKinnon. But the supposed rationale for picking Sentelle was that he had some prosecutorial experience while other judges didn't.

The law, however, says nothing about a background as a prosecutor. The law does grant "priority" to senior and retired judges, a provision Rehnquist ignored.

Since his appointment, Sentelle has steered nearly all sensitive investigations into the hands of partisan Republicans.

In late 1992, when the Bush administration was caught searching Clinton's passport files looking for derogatory information, Sentelle's three-judge panel handed off the investigation to GOP stalwart Joseph diGenova, who found no wrongdoing by his Republican associates.

After Clinton's inauguration, Sentelle's panel kept picking Republicans for high-profile cases. David Barrett, head of Lawyers for Reagan in 1980, was named to pursue allegations that Housing Secretary Henry Cisneros had understated how much money he had paid a mistress.

Barrett built the case into an 18-count felony indictment, which is still pending. [For a critical review of this case, see The New Yorker, Nov. 30, 1998.]

Another Sentelle appointee, Donald Smaltz, amassed a 30-count indictment against Agriculture Secretary Mike Espy for accepting free tickets to sporting events and other favors. On Dec. 2, a federal jury in Washington acquitted Espy on all counts, a verdict that sparked new questions about the overreach of Sentelle's prosecutors.

But Sentelle's most controversial special prosecutor was Kenneth Starr. When the Whitewater issue bubbled to the boiling point in early 1994, the independent law had lapsed. So, Attorney General Janet Reno picked Republican Robert Fiske to investigate.

Fiske made progress in the Arkansas phase of the inquiry but annoyed some conservatives by concluding that White House deputy counsel Vincent Foster had committed suicide in July 1993. Some conservatives were pushing vague conspiracy theories about Foster's "murder." One of the conservatives angered by Fiske's findings was Sen. Faircloth, Sentelle's friend.

After a Capitol Hill lunch with Helms and Faircloth, Sentelle ousted Fiske and arranged the appointment of Starr in August 1994. Starr's selection prompted complaints from some Democrats because Starr had served as solicitor general for President Bush and was an active Republican. Starr also had assisted the Paula Jones legal team with a friend-of-the-court brief against Clinton.

But Sentelle's choice stuck. Over the next four-plus years, Starr's investigation careened through a variety of allegations against the president -- Whitewater, the Travel Office firings, the FBI's delivery of GOP personnel files to the White House and, finally, the Monica Lewinsky matter.

As the investigations dragged on, other concerns about Starr arose, particularly whether he had become obsessed with pinning some crime on the president to justify the expensive investigation.

Starr did conclude that there was no case to be made against Clinton on Whitewater, Travelgate and Filegate -- but he kept those decisions secret until his November testimony before the House Judiciary Committee.

With the start of the Lewinsky scandal in January, however, Starr finally felt he could make an impeachment case against Clinton. But Starr's single-mindedness drew more Democratic complaints.

In the early days of the scandal, Rep. Frank commented on the different standards applied by MacKinnon and Sentelle.

“Look at the contrast,” Frank said. “When Judge MacKinnon appointed an independent counsel to investigate Ronald Reagan in Iran-Contra, Lawrence Walsh, he picked a Republican who had served in the Eisenhower administration. The analogy here would have been somebody from the Kennedy or Carter administrations to investigate Clinton.” [NBC’s Meet the Press, Jan. 31, 1998]

In writing to Frank, James MacKinnon stated, "You are correct. He [Judge MacKinnon] was always most careful to appoint independent counsels whose motivations could not be criticized."

According to MacKinnon's son, another part of the judge's opposition to the Starr appointment was the appearance that Starr might be "using his office to promote himself. He [Judge MacKinnon] did not conclude that was the case, but he was very uncomfortable with the appearance."

The history of the past six years might have been very different if MacKinnon had remained in charge of special prosecutors in 1992. Clearly, Kenneth Starr would not be appearing before the House Judiciary Committee making the case for impeachment.

But a larger question might be whether Rehnquist's political loyalty to the Reagan administration -- rather than a commitment to impartial prosecutions -- led to Sentelle replacing MacKinnon.

That question could be phrased another way: Did Rehnquist and Sentelle effectively rig the special-prosecutor apparatus starting in 1992 to protect Republicans and to punish Democrats?
....and Judge Walton's background:

Quote:

http://www.latimes.com/news/nationwo...la-home-center
Libby's judge known as 'tough guy'; that's why Bush appointed him
Libby's judge was one of the president's first judicial appointments.
By Richard B. Schmitt, Times Staff Writer
June 7, 2007

......That Walton would put the Bush administration in an uncomfortable position of having to consider a politically charged pardon for Libby is highly ironic: The 58-year-old jurist was one of the first appointments that Bush made to the federal bench in October 2001, a prime example of a new law-and-order mentality that the administration wanted to infuse in the courts.

"Bush wanted people to know that 'I appoint tough guys to the bench,' " said Roscoe Howard, the U.S. attorney in Washington during Bush's first term. "They appointed him just for what he did to Scooter; they were just not expecting it to happen to Scooter."

By all accounts, Walton is a tough guy. A judge for more than 25 years, he did two separate stints on the Superior Court of the District of Columbia, appointed by both Presidents Reagan and George H.W. Bush. He served as an associate director of the White House drug control office and as chairman of a national commission to curb prison rape.....

guy44 07-05-2007 03:33 PM

Isn't it obvious why this pardon is special? I mean, there a dozen reasons, but the big one is that the president pardoned a man who very well might have had information that could have resulted in criminal charges for the Preznit. He pardoned a guy who might have been able to rat on him.

It creates, at the very least (cause I'm like 99.9% sure Libby is guilty as fuck and should go to jail for life for disclosing the name of an undercover CIA agent for political gains, at then covering that up) the perception of a quid pro quo. Bush makes sure he does no time, and Libby doesn't spill the beans.

reconmike 07-05-2007 04:08 PM

Host, do you want to paste tons of shit to correct one of your own, guy44 as to who actually leaked Plame's name to the press?

Or should I do it? (just took a cut and paste for republicans course) :P

host 07-05-2007 04:21 PM

Quote:

Originally Posted by reconmike
Host, do you want to paste tons of shit to correct one of your own, guy44 as to who actually leaked Plame's name to the press?

Or should I do it? (just took a cut and paste for republicans course) :P

hey mike...this is not over, and if you would read and not chronically compalin about long posts and your scroll wheel....you might find that much of what you know.....is counter to the actual record. It is as if I have not provided, lately, and over the past year, most of the court filings by both sides in the Libby indictment and trial, and much of the pre-sentencing motions. You show how much you ignore about what Libby's prosecution and conviction was about, when you try to shift the issue to Armitage and Rove. Fitzgerald filed more than one brief, and said more than once in court, and to the press, that Libby was the only witness who lied to investigators and to the grand jury, and <b>obstructed the investigations goal of finding out if the leaks were disclosed at the behest of a high official in the executive branch, and or part of an organized effort authorized by high officials...such as....Cheney or even Bush....</b>and, as you know....Libby was convicted of blocking the investigation's efforts to answer those two questions.....Now...is there anything you still aren't altogether clear about, mike?

Quote:

http://www.tpmmuckraker.com/archives/003603.php
Libby Fallout: House Committee Plans Hearing, Defense Lawyers Rejoice
By Paul Kiel - July 5, 2007, 11:39 AM

It turns out that a president can't make the unprecedented move of commuting a former aide's prison sentence without some consequences.

On Capitol Hill, House Judiciary Chairman John Conyers (D-MI) has already called for hearing next Wednesday at noon titled "The Use and Misuse of Presidential Clemency Power for Executive Branch Officials." According to a committee aide, the hearing will have an eye to the future as much as the past. President Bush thinks jail time is "excessive" for an administration official convicted of lying to protect higher administration officials. In his statement announcing the hearing, Conyers worried about such a precedent: "Taken to its extreme, the use of such authority could completely circumvent the law enforcement process and prevent credible efforts to investigate wrongdoing in the executive branch." The aide told me that potential witnesses for the hearing include legal scholars, pardon experts, and administration officials.

That's not all. The president's order has created some confusion for Judge Reggie B. Walton, the Bush appointee who was responsible for that "excessive" 30 month sentence. Walton's <a href="http://sentencing.typepad.com/sentencing_law_and_policy/2007/07/legal-complicat.html">scratching</a> his head over Bush's move to remove the incarceration portion of the sentence while retaining the two-year period of supervised release which was to follow Libby's jail time, something not technically possible. He's asked both sides to weigh in on what should be done.

But the biggest impact is likely to come on the broader legal front. As The Los Angeles Times <a href="http://www.latimes.com/news/nationworld/nation/la-na-libby4jul04,1,2591950,full.story">showed</a> yesterday, Libby's prison sentence was not "excessive" by legal standards, but such a statement by the president is sure to be embraced by defense lawyers all around the country (experts have already <a href="http://lawprofessors.typepad.com/whitecollarcrime_blog/2007/07/the-libby-motio.html">dubbed</a> such an argument "The Libby Motion"). They're also sure to mention Bush's <a href="http://www.tpmmuckraker.com/archives/003579.php">assertion</a> that Libby's sentence as it stands after the commutation ($250,000 fine and two years probation) is "harsh." Meanwhile, the Times reports, "Federal prosecutors said Tuesday the action would make it harder for them to persuade judges to deliver appropriate sentences." This from an administration that's continually and inflexibly pushed for truly harsh penalties. The New York Sun <a href="http://www.nysun.com/article/57843">reports</a that the first such invocation of Bush's order might come from an alleged Hamas operative convicted of obstruction charges.
Quote:

http://oversight.house.gov/documents...1245-54779.pdf
Statement of Rep. Henry A. Waxman
Committee on Government Reform
Hearing on Marc Rich Pardon
March 1, 2001

Three weeks ago, at the Committee’s first hearing on the Marc Rich pardon, I criticized
President Clinton’s actions. I said the Rich pardon was bad precedent, an end run around the
judicial process, and appeared to set a double standard for the wealthy and powerful.
Almost immediately the phones in my office lit up. Oddly, many of the calls were from
anti-Clinton viewers accusing me of being an apologist for the President. But I also received
many calls from Democrats demanding that I explain why I wasn’t supporting President
Clinton’s actions.
That’s where I want to start today. I want to particularly direct my comments to
Democrats around our country who are puzzled why congressional Democrats aren’t fiercely
defending President Clinton.
If a Republican President had presided over a pardon process that resembled the chaotic
mess that seemingly characterized the final days of the Clinton Administration, I would be
outraged and would criticize it. Issuing pardons is one of the most profound powers given to the
President. At a minimum, the decision-making process must be careful and above reproach. It’s
clear that President Clinton’s efforts weren’t.
President Clinton had two equally important responsibilities in deciding whether to grant
pardons. First, the President could not grant a pardon in exchange for any personal benefit. A
quid pro quo obviously would break the law. And although the President’s pardon power is
absolute, it’s not above the law.
To this point, I have seen no evidence that the President broke any law. I’ve seen a lot of
evidence of bad judgment, but not illegality.
But given the extraordinary circumstances of the Rich pardon, it’s important that the U.S.
Attorney’s office in New York fully, quickly, and impartially investigate this issue. The U.S.
Attorney is doing that, and its investigation should resolve any question of illegality for the
American people.
President Clinton’s second fundamental obligation is just as important as the first – he
must protect the American public’s trust by exercising sound judgment.
This isn’t a legal standard. It’s a subjective measure, and President Clinton failed to meet
it. The combination of revelations, ranging from the Marc Rich and New Square pardons to the
role Hugh Rodham played in the pardon process, are disturbing and raise serious questions about
the President’s judgment.

And if anyone should have been sensitive to this, it was the President. He has been
subject to a constant barrage of attacks and scrutiny, some unquestionably justified but most
reckless and unfair. He knows whatever he does will be questioned–even if he didn’t actually do
it.
During the battle over impeachment, I repeatedly noted a distinction between private
conduct and official activities. The President’s relationship with a White House intern was a
personal failing and a betrayal to his family. Everything that sprang from that scandal–including
his false testimony under oath–came from that personal failure.
In this case, however, Mr. Clinton’s failure to exercise sound judgment affected one of
the most important duties of the Presidency. Bad judgment is obviously not impeachable. But
the failures in the pardon process should embarrass every Democrat and every American. It is a
shameful lapse that must be acknowledged, because to ignore it would betray basic principles of
justice that Democrats believe in.
I know that many Democrats fear that criticizing President’s Clinton’s actions will
somehow negate all the accomplishments of his Administration. I disagree. President Clinton’s
disciplined and masterful handling of our nation’s economy, and his leadership on a score of
health and environmental issues, will not be forgotten.
Democrats–and I hope even some Republicans–should be proud of the progress we made
and the immense talents President Clinton brought to the White House. Those truths remain
despite the President’s other failings.
But when he makes a serious mistake, as I think he did in this case, Democrats must be
willing to say so.
I hope that helps explain to my Democratic callers why I’ve been so critical of the
President’s conduct.
But I also want to address the anti-Clinton callers who attack me for being an apologist
for the President and the First Lady. At the same time that I believe that President Clinton made
grave errors, I also believe that there’s clearly a double standard that’s applied to him. Pointing
out that there’s a double standard isn’t an attempt to excuse what’s happened–it’s just the facts.
One major reason we’re holding this hearing is to investigate whether President Clinton
pardoned Marc Rich in exchange for contributions. Republicans are saying that an investigation
is essential because of the suspicious circumstances that Marc Rich’s former wife gave hundreds
of thousands of dollars to the DNC and the Clinton library.
Well, compare this to the pardon that President Bush gave in 1989 to Armand Hammer,
the former head of Occidental Petroleum, who pled guilty to making illegal campaign
contributions. According to news reports, Mr. Hammer gave over $100,000 to the Republican
Party and $100,000 to the Bush-Quayle Inaugural Committee shortly before he received this
pardon.

The appearance of a quid pro quo is just as strong in the Hammer case as in the Rich
case–if not stronger, since Mr. Hammer himself gave the contributions. But there was never an
investigation of former President Bush.
The Committee has now opened a new front by investigating the involvement of the First
Lady’s brother in two of the last-minute pardons. Here again there is a parallel in the former
Bush Administration. According to news reports, former President Bush’s son, Jeb Bush,
successfully lobbied his father’s White House in 1990 for the release of an anti-Castro terrorist
named Orlando Bosch.
But we aren’t investigating former President Bush or his son, just former President
Clinton and his brother-in-law.
If we’re genuinely concerned about the undue influence of relatives on policy-makers,
there are also lots of examples we could investigate in Congress. Rep. Tom DeLay is the
majority whip. After his brother, Randy, became a lobbyist for Cemex, which is a Mexican
cement company, Mr. DeLay asked the Commerce Department for special treatment for the
company. Senator Ted Stevens’s brother, Ben, lobbies for organizations that have been reported
to have received millions of dollars in earmarked appropriations from Senator Stevens. And
Scott Hatch, Senator Hatch’s son, represents entities like the American Tort Reform Association,
even though they have extensive interests before Senator Hatch’s own committee.
I’m not impugning the actions of any of those individuals, and I don’t question the
integrity of any of their actions. But I don’t believe this Committee should engage in selective
indignation.
The Committee’s pursuit of the Clinton library is another example of the double standard.
In 1997, during the Committee’s campaign finance investigation I asked to subpoena records
from the Bush and Reagan libraries about potential fundraising abuses involving those
administrations. But I was turned down. It seems we can pursue President Clinton’s library, but
not President Bush’s or President Reagan’s.
I also wanted to investigate the Jesse Helms Foundation. Senator Helm’s foundation had
reportedly received large contributions from foreign governments at the same time that the
Senator was chairman of the Foreign Relations Committee. But again there was no inquiry.
As I say this, I have no doubt that my phone is again ringing off of the hook in my office
with people criticizing me for having the temerity to point out these inconsistencies. But we
need to keep perspective. American taxpayers have already spent over $140 million
investigating President Clinton. I realize that ridiculing the Clintons makes great entertainment
for some, but this obsession with the Clintons isn’t healthy. President Clinton is not going to be
impeached again–and he’s no longer the President.

At times, the feeding frenzy involving President Clinton is unfair. He is denounced as an
individual bent on thwarting or stonewalling the Committee’s investigation. But in fact, in this
case he has taken the extraordinary step of waiving executive privilege–the President’s
constitutional prerogative–to allow his top advisors to testify.
And at other times, the frenzy displaces our sense of priorities. It is amazing that the
news that President Clinton’s brother, Roger, asked for pardons became the lead story in the
country, even displacing the FBI spy scandal. After all, Roger Clinton was unsuccessful and
there is no evidence to date that he received any payments for his efforts.
Mr. Chairman, I want to comment for the record on your insistence that Beth Dozoretz be
required to assert the Fifth Amendment during today’s hearing. Mrs. Dozoretz has already
informed the Committee that given the U.S. Attorney’s investigation in New York, she will not
be able to participate in today’s hearing. There is congressional precedent for requiring a witness
to assert the Fifth Amendment. But I don’t think it’s constructive to call Mrs. Dozoretz before
the Committee if the goal is to punish her for asserting a constitutional right and to create a
media spectacle.
I also want to note my disappointment in the Committee’s treatment of Peter Kadzik. Mr
Kadzik was informed a few days ago that he might be invited to today’s hearing. The hearing
conflicted with appointments he already had scheduled in California for today, and he informed
the Committee he could not participate, but was willing to cooperate in any other way possible
with us.
When Mr. Kadzik stepped off his plane yesterday in Los Angeles, he was greeted by a
federal marshal, who served him with a subpoena requiring his presence today. So Mr. Kadzik
had to cancel his meetings and immediately board another flight back here.
That all would have been necessary if Mr. Kadzik were an essential witness for today’s
hearing. But he’s not. In fact, earlier this week, your staff told him that he wouldn’t have to
testify if I would agree to excuse Scooter Libby from today’s hearing. Since Mr. Libby was Marc
Rich’s lawyer for more than ten years and helped develop the argument that was ultimately
presented to the President as a justification for his pardon, we felt he should testify. I regret he
has been placed so far down on the witness list that we won’t hear from him for at least four
hours and maybe even after nightfall.
Mr. Chairman, given the developments of the last few weeks, I think it’s appropriate to
have this hearing. Clearly, there is widespread interest in obtaining the views of today’s
witnesses. But I think we need to think twice before continuing with additional investigation.
There’s a criminal investigation going on in New York that can answer whether illegal conduct is
involved. We could spend months investigating the details of all of President Clinton’s pardons,
but I seriously question whether it makes sense for us to conduct another redundant investigation.
I look forward to listening to today’s witnesses.
Waxman's second installment of <b>Rep. Waxman's Statement - "The Controversial Pardon of International Fugitive Marc Rich -- Day Two”</b>
is even more illuminating and it can be found here: http://oversight.house.gov/documents...1245-54779.pdf

Waxman points out how unfairly Clinton was treated by the republican congress, and contradicts Tony Snow's claim that "Clinton had left office and there was no big reaction by republicans to his pardoning of Marc Rich.
Waxman also relates that Scooter Libby was Marc Rich's lawyer for more than ten years, and that prominent republicans in former presidential administrations lobbied aggressively for Marc Rich's pardon...

reconmike 07-05-2007 04:39 PM

Host, let me surmise as to the way I see the whole Plame affair, from what I have read, Plame was outed, someone's head was going to roll, Libby did the best the buck stops here, taking one for the team, even though he didn't out Plame, Amritage did.
He was convicted of obstruction, sentenced to 2.5 yrs even though he didnt out Plame.

He appealed his bail was denied, and then has his sentence commuted.

Did I sum up what I read correctly? Is it factually correct?

host 07-05-2007 04:54 PM

Quote:

Originally Posted by reconmike
Host, let me surmise as to the way I see the whole Plame affair, from what I have read, Plame was outed, someone's head was going to roll, Libby did the best the buck stops here, taking one for the team, even though he didn't out Plame, Amritage did.
He was convicted of obstruction, sentenced to 2.5 yrs even though he didnt out Plame.

He appealed his bail was denied, and then has his sentence commuted.

Did I sum up what I read correctly? Is it factually correct?

...mike, the irony is that your "take" is the way Libby approached his perjury and obstruction. If he could make it seem as if he was covering up...or couldn't recall, or was mistaken about who he heard about Plame's identity from....and who he then told....he could convince supporters....folks like you, mike....that the investigation was not about the executive branch's sensitivity to the controversy of who forged the "evidence" that Iraq was attempting to purchase yellow cake uranium from niger....not about the administration's political revenge that included at least Cheney...and maybe higher...authorizing the leaking of Plame's name, and affiliation with the CIA, during a time of war...when she was working,as Cheney knew....in a covert status in a managerial role, analyzing the WMD threat....

....and the difference between you and I, mike....is that I....as special counsel Fitzgerald did....want to know if Cheney or Bush did...or did not.... do those illegal and inexcusable things....during a time of war that they hyped as an excuse to rape our constitutional protections....

...and you, mike....regard the questions as none of the business of Fitzgerald's investigation....let alone any of my business....to know, and you, yourself, either feign disinterest, or truly have no interest in knowing. I think that your years in the Corps reinforced an acceptance of only needing to know what was required to do your job....

my "job" is to be a citizen in the U.S., taking an active interest in what the officials who serve me, are "up to"......

.....and, you refer to me as partisan?

Telluride 07-05-2007 05:10 PM

Quote:

Originally Posted by host
Telluride, you've framed your response, and then your question in a measured and reasonable way....and of course, I do not disagree with you. If you are saying that the "history" of the malfeasance of both parties is grounds, at this time, to embrace alternative parties, I don't see that as practical or in the best interests of the majority. The democrats, before this year, did not control the house since Jan., 1995, and the senate, since Jan. 2003. IMO, our country is in a crisis of confidence in it's national leadership...and the only near term hope to mitigate it is to restore checks and balances, via renewal of oversight and accountability of the executive branch by the congress. The congress is now led by a democratic party majority. The house speaker and key senate and house committees are recently led by, so far.... inquisitive, deliberative, methodical, and....when appropriate....aggressive, no nonsense, congressmen and senators. They seem headed in a direction that will reveal whether the DOJ can ever again, under this president, function as the investigative and enforcement agency of the people of the United States, or only of the dictates of the executive branch....and sooner than I would have predicted. It's the wrong time to look elsewhere for a political remedy, IMO.

We deserve better than we've gotten. Use the democrats in the short term, to unseat as many republicans as possible, in November, 2008. Then, if they disappoint, back whoever you prefer in the 2010 mid-term elections. I see no other way to change course as quickly as is needed.....

The problem is that politicians from both parties are already disappointing me and have been doing so for quite some time. Both have worked to increase the size/power of government and both have waged war on people and nations that didn't attack us. My goal is not to simply kick a certain party out of office. It's to kick politicians with certain views out of office regardless of which political party they belong to.

As far as the presidential election goes, the only candidate that I actually like so far is Ron Paul. I don't care much for the rest of the Republican hopefuls, nor am I impressed with any of the Democratic favorites for the nomination. It's certainly possible that some other good, honorable leaders will throw their hats into the arena...but, as it stands, Ron Paul is the only current candidate that I will vote for. If he doesn't get the GOP nomination - and "the powers that be" will probably make sure that he doesn't - I will vote third party. I will be using this same approach for elections for other offices.

ratbastid 07-05-2007 07:07 PM

Here's the bottom line, for me. I want the President to be above even the perception of ethically inappropriate behavior. In fact, he promised us exactly that.

Can ANYONE deny that this APPEARS to be ethically questionable?

Willravel 07-05-2007 07:13 PM

I can't deny it. I can't deny it one bit.

Telluride 07-05-2007 07:15 PM

Quote:

Originally Posted by ratbastid
Here's the bottom line, for me. I want the President to be above even the perception of ethically inappropriate behavior. In fact, he promised us exactly that.

Can ANYONE deny that this APPEARS to be ethically questionable?

Bush has done a number of things that appear to be ethically and/or logically questionable. Including this situation with Libby.

roachboy 07-06-2007 07:39 AM

this is an interesting perspective. source link is itself a link.

Quote:

Jeff Lomonaco, Please Report to the Department of Pre-Crime

Jeff Lomonaco called the Libby pardon half a month ago, in an op-ed he submitted to the Los Angeles Times but that it did not take:

Why Bush will Commute Libby's Sentence - but Not Pardon Him

With Judge Reggie Walton's ruling that Scooter Libby must begin serving his prison sentence before the appeal of his convictions has run its course, the pressure from Libby's supporters on President Bush to keep Libby out of prison is certain to intensify. President Bush, however, is unlikely to outright pardon Libby for a simple reason: to protect himself and Vice President Cheney.

If Bush were to pardon Libby, he and Vice President Cheney would give up the rationale they have used successfully for four years to avoid addressing their own roles in the case. And Libby's trial made very clear that the President and Vice President played significant and troubling roles at the very heart of the case. It is for the very same reason that Bush is more likely to follow the advice some have offered him and commute Libby's prison sentence, allowing Libby to remain free while he pursues legal vindication.

Libby was convicted on four counts of obstruction of justice, perjury and false statements in connection with the account he gave to investigators of how he learned the identify of CIA officer Valerie Plame Wilson and whether and how he disclosed that information to the press.

At the trial, the event that special prosecutor Patrick Fitzgerald said was at the heart of the case was Libby's July 8, 2003 conversation with New York Times reporter Judith Miller at the St. Regis Hotel.

Both prosecution and defense agreed that this interview was of unusual, even singular nature and importance. Kept secret from others in the Office of the Vice President, most notably Cheney's chief press aide Cathie Martin, who would normally handle interview logistics with reporters, both sides also agreed that Libby was acting at Cheney's direction in talking with Miller. There was no dispute that, after Libby expressed reservations about leaking classified information to Miller, Cheney went to President Bush to get his authorization to leak information to the press to answer the searing criticisms Plame's husband, Joe Wilson, had made of the administration's case for war.

There was dispute, however, over the distinct purpose of what the defense called the "secret mission" Libby undertook at the behest of the President and Vice President. Libby and his defense team contended that it was to leak Miller portions of the October 2002 National Intelligence Estimate (NIE) on Iraqi WMD to bolster the administration's case. And Libby categorically denied to the grand jury that the meeting had anything to do with Plame and her CIA identity.

However, the trial (and pretrial wrangling) revealed two problems with the defense's depiction of Libby's "NIE secret mission.". First, the prosecution showed at trial, principally through Judith Miller's testimony about the July 8 meeting backed up by her contemporaneous notes of it, that Libby did indeed disclose Plame's CIA identity to her. It was also demonstrated that Cheney himself was focused on the idea that Wilson's wife had sent him on his mission for the CIA at that very moment.

Second, it turns out that Libby was leaking portions of the NIE to other reporters, and doing so without the secrecy that surrounded his meeting with Miller, both before and after he leaked that information to Miller on July 8. Libby leaked the NIE to Bob Woodward in June, and - in press aide Cathie Martin's presence - to David Sanger and Andrea Martin in July.

Together, those revelations undercut the notion that the NIE leak was the distinctive purpose of Libby's secret mission, and instead make clear that at least part of the distinctive purpose was to leak Plame's CIA identity to Miller in an effort to get the Times to publish that information.

That in turn raises troubling questions about Cheney and Bush's role in sending Libby on his secret mission. Cheney's hand-written notes on Wilson's op-ed from two days earlier showed that he was focused on Wilson's wife's alleged role in her husband's mission. Libby was acting at Cheney's direction. How likely is it that Cheney did not direct Libby to disclose information about Plame to Miller?

And what was the substance of Cheney and Bush's discussion shortly before Libby went on his secret mission to disclose previously-classified information to the press with the President's permission? Published reports have indicated that Bush told Cheney something to the effect of "Get it out," or "Let's get this out," referring to information that would damage the case Joe Wilson was making against the administration. Libby himself testified before the grand jury that Cheney told him something strikingly similar. That means that if Bush and Cheney discussed Wilson's wife before the direction was given, the President was effectively authorizing his subordinate to disclose Plame's CIA identity to the press.

It is precisely out of the desire to avoid such uncomfortable questions for himself and his vice president that President Bush is likely not to pardon Libby but to commute his sentence, or otherwise keep him out of prison without fully clearing him. That would enable Libby to remain free while he seeks legal vindication through the appeals process. But more importantly, it would enable Bush and Cheney to continue the strategy they have successfully pursued in deterring journalists seeking their explanations with claims that they shouldn't comment on an ongoing legal proceeding. If Bush were to pardon Libby, he and Cheney would no longer have such a rationale for evading the press' questions - nor would Libby be able to claim the right against self-incrimination to resist testifying before Congress about the role that Cheney and Bush played in directing his conduct.

But if Bush simply commutes Libby's prison sentence without effectively vacating Libby's conviction, the appeals process goes forward and Bush and Cheney continue to have their rationale for not answering the press' questions. This strategy would also have the added benefit for Bush of eliminating the chance, however remote, that under the pressure of prison time away from his family and abandoned by the White House he served loyally, Libby himself would tell the true story of his own and others' conduct.

However, in one sense, all of this is beside the point. There is no reason why the press and Congress should rest content with Bush and Cheney's refusal to answer questions about their own role in what turned out to be an important episode in the history of the Bush administration. Regardless of what he does, the President should not be allowed to complete the cover up of his and Cheney's role that Libby successfully conducted for four years, and for which he is now on the verge of being punished.
source: http://www.prwatch.org/node/6221
http://delong.typepad.com/sdj/2007/0...omonaco-p.html

dc_dux 07-06-2007 09:43 AM

If all else fails, Libby can always resume his kinky writing career:

http://wonkette.com/images/thumbs/80...1baa193935.jpg

The book is about a young Japanese man who runs a remote mountain inn and becomes embroiled in a world of intrigue. "A world of intrigue," in this case, involves:

* a scene of incest between two uncles and their niece;
* a hunter asking his companions if they should fuck a freshly killed deer while it's still warm;
* the description of a prepubescent girl's painted "mound" and pleasing lack of vaginal odor;
* a story about a girl who's kept in a cage and raped by a bear to train her to become a prostitute.

http://www.nerve.com/dispatches/libby/dirtypolitician/

guy44 07-06-2007 03:23 PM

Quote:

Originally Posted by reconmike
Host, do you want to paste tons of shit to correct one of your own, guy44 as to who actually leaked Plame's name to the press?

Or should I do it? (just took a cut and paste for republicans course) :P

Say reconmike, let's do a little correcting of your post, OK?

First, here's what I said:

Quote:

I'm like 99.9% sure Libby is guilty as fuck and should go to jail for life for disclosing the name of an undercover CIA agent for political gains
Now, this isn't very complicated. Armitage was the first person to leak the name. But before that was ever published, Libby was already doing his best to be the one to leak it:

Quote:

Miller reports:

... in an interview with me on June 23 [2003], Vice President Dick Cheney's chief of staff, I. Lewis Libby, discussed Mr. Wilson's activities and placed blame for intelligence failures on the C.I.A. In later conversations with me, on July 8 and July 12 [2003], Mr. Libby, ... [at the time] Mr. Cheney's top aide, played down the importance of Mr. Wilson's mission and questioned his performance. ... My notes indicate that well before Mr. Wilson published his critique, Mr. Libby told me that Mr. Wilson's wife may have worked on unconventional weapons at the C.I.A. ... My notes do not show that Mr. Libby identified Mr. Wilson's wife by name [i.e., Valerie Plame]. Nor do they show that he described Valerie Wilson as a covert agent or "operative"
Since Novack's column came out on July 14, six and twelve days after Miller's conversations with Libby respectively, Libby was clearly, as I wrote, disclosing the name of an undercover CIA agent for political gains (even if he didn't technically name her, like a NY Times reporter can't find out who the wife of a former ambassador is).

So, did Libby leak the name to the press? Yes. Did his leak happen to lead to the first article about Plame? No. But that doesn't mean he wasn't trying.

host 07-06-2007 04:31 PM

Quote:

Originally Posted by powerclown
Understood. I acknowledge politics being played on both sides of the aisle...spilling over into the public domain. My thing is that <b>this trial was on very, very shaky and partisan ground from the start, initiated by an anti-war politico with a frogmarch agenda</b>. I think what Joe Wilson tried to do policically was shady, and the white house fought back politically.


Playing Politics with Libby
by Alan Dershowitz
Posted July 3, 2007 | 10:09 AM (EST)

The outcry against President Bush's decision to commute Scooter Libby's sentence is misplaced. President Bush acted hours after the U.S. Court of Appeals denied Libby bail pending appeal. That judicial decision was entirely political. The appellate judges had to see that Libby's arguments on appeal were sound and strong -- that under existing law he was entitled to bail pending appeal. (That is why I joined several other law professors in filing an amicus brief on this limited issue.) After all, if he were to be sent to jail for a year and then if his conviction were to be reversed on appeal, he could not get the year back. But if he remained out on bail and then lost the appeal, the government would get its year. In non-political cases, bail should have and probably would have been granted on issues of the kind raised by Libby.

But <b>the court of appeals' judges, as well as the district court judge, wanted to force President Bush's hand. They didn't want to give him the luxury of being able to issue a pardon before the upcoming presidential election.</b> Had Libby been allowed to be out on appeal, he would probably have remained free until after the election. It would then have been possible for President Bush to pardon him after the election but before he left office, as presidents often do during the lame duck hiatus. To preclude that possibility, the judges denied Libby bail pending appeal. The president then acted politically. But the president's action -- whether right or wrong on its merits -- was well within his authority, since pardons are part of the political process, not the judicial process. What the judges did was also political, but that was entirely improper, because judges are not allowed to act politically. They do act politically, of course, as evidenced by the Supreme Court's disgracefully political decision in Bush v. Gore. But the fact that they do act politically does not make it right. It is never proper for a court to take partisan political considerations into account when seeking to administer justice in an individual case.

<b>The trial judge too acted politically, when he imposed the harshly excessive sentence on Libby</b>, virtually provoking the president into commuting it.

This was entirely a political case from beginning to end. Libby's actions were political. The decision to appoint a special prosecutor was political. The trial judges' rulings were political. The appellate court judges' decision to deny bail was political. And the president's decision to commute the sentence was political. But only the president acted within his authority by acting politically in commuting the politically motivated sentence.

powerclown...re-reading your logic and that of Dershowitz in his oped piece in your post #64, makes me question my own sanity, since I have to assume that you think that what Dershowitz wrote, is sensible and credible, and that there is a comparison between the "partisanship" shown by the SCOTUS majority in Bush v. Gore, and the alleged (by you, and by Dershowitz) partisanship levied against Libby, by...of all people... Judge Reggie Walton, and 4th district appellate court
Judge David Sentelle....

You're blowing my mind, powerclown.....it's as if you are telling me that it is pouring rain, when I see with my own eyes, that the sun is shining, and there isn't a cloud in the sky.

This post describes partisan treatment of a convicted, high profile defendant in a politically charge case, and no opportunity was afforded the sentenced person to remain free while he filed a motion to stay free pending appeal, and then while he was afforded an emergency appellate hearing that contested the trial judges decision:

http://www.tfproject.org/tfp/showpos...49&postcount=3

I grew more incredulous when I compared the opinions of you and Dershowitz, to the facts in the Libby case, Gore v. Bush, and the Gov. Siegelman case, and now I cannot fathom that you and Dershowitz even inhabit the same intellectual planet that I inhabit.....

...are the two of you _________? ...I'll leave it to others to complete my question, and I'm convinced by your opinion and your posting of Dershowitz's oped, that we need two separate forums on TFP to discuss politics.....I concede that we truly are that far apart now, and I cannot accept that any two people, knowing the backgrounds of Judge Walton and Judge Sentelle, and not both diagnosed clinically as paranoid personalities, could independently come up with the idea that those two judges....or anyone at DOJ involved in Libby's case, acted...in any way...from any influences of partisan prejudices AGAINST Libby, in any imaginable, or even unimaginable way...it's just not possible for that to have happened.....

reconmike 07-06-2007 06:09 PM

Quote:

Originally Posted by guy44
Say reconmike, let's do a little correcting of your post, OK?

First, here's what I said:



Now, this isn't very complicated. Armitage was the first person to leak the name. But before that was ever published, Libby was already doing his best to be the one to leak it:

Sorry but Armitage WAS the first person to leak Plame's name, he did it to Novak on july 7, so if ya want to split hairs Armitage actually said Plame was an op a whole day before Libby even insinuated he knew of a undercover op.

Quote:

Since Novack's column came out on July 14, six and twelve days after Miller's conversations with Libby respectively, Libby was clearly, as I wrote, disclosing the name of an undercover CIA agent for political gains (even if he didn't technically name her, like a NY Times reporter can't find out who the wife of a former ambassador is).
Again July 7th is the day Novak found out Plame's name a day before Libby met with Miller.

Quote:

So, did Libby leak the name to the press? Yes. Did his leak happen to lead to the first article about Plame? No. But that doesn't mean he wasn't trying.
And to answer your questions here;

No Libby did not leak shit

And I have been trying to fuck Morgan Fairchild for years, doesnt mean I have suceeded.

host 07-06-2007 06:42 PM

Quote:

Originally Posted by reconmike
Sorry but Armitage WAS the first person to leak Plame's name, he did it to Novak on july 7, so if ya want to split hairs Armitage actually said Plame was an op a whole day before Libby even insinuated he knew of a undercover op.



Again July 7th is the day Novak found out Plame's name a day before Libby met with Miller.



And to answer your questions here;

<h2>No Libby did not leak shit</h2>

And I have been trying to fuck Morgan Fairchild for years, doesnt mean I have suceeded.

...reconmiike, Libby was not charged with leaking details of Valerie Plame's employment, or her connection to Joe Wilson....and his oped did not appear in the NY Times until July 6, 2003...so what's this, on June 23?

<b>Background....reported 15 months before Libby's criminal trial, and just days before Fitzgerald indicted Libby:</b>
Quote:

http://nationaljournal.com/about/njw...05/1020nj1.htm

WHITE HOUSE
Secret Service Records Prompted Key Miller Testimony

By Murray Waas, special to National Journal
© National Journal Group Inc.
<h3>Thursday, Oct. 20, 2005</h3>

New York Times reporter Judith Miller told the federal grand jury in the CIA leak case that she might have met with I. Lewis (Scooter) Libby on June 23, 2003 only after prosecutors showed her Secret Service logs that indicated she and Libby had indeed met that day in the Executive Office Building adjacent to the White House, according to attorneys familiar with her testimony.

When a prosecutor first questioned Miller during her initial grand jury appearance on September 30, 2005 sources said, she did not bring up the June 23 meeting in recounting her various contacts with Libby, the chief of staff to Vice President Cheney. Pressed by prosecutors who then brought up the specific date of the meeting, Miller testified that she still could not recall the June meeting with Libby, in which they discussed a controversial CIA-sponsored mission to Africa by former Ambassador Joe Wilson, or the fact that his wife, Valerie Plame, worked for the CIA.

When a prosecutor presented Miller with copies of the White House-complex visitation logs, she said such a meeting was possible.

Shortly after her September 30 testimony, <h3>Miller discovered her notes from the June 23 meeting, and returned on October 12 for a second round of grand jury testimony. In this second appearance, Miller recounted details from her June 23 meeting with Libby, with the assistance of her notes.</h3>

Bob Bennett, an attorney for Miller, confirmed in an interview that Miller's October 12 testimony "corrected" her earlier statements to the grand jury regarding the June 23 meeting. Bennett declined to provide specifics of anything Miller said during either of her grand jury appearances, except to say: "We went back on the second occasion to provide those additional notes that were found, and correct the grand jury testimony reflecting on the June 23 meeting."

Bennett said that Miller's testimony is now "correct, complete, and accurate." .....
Reporting of Judith Miller's testimony at Libby's trial:

Quote:

http://www.washingtonpost.com/wp-dyn...013000178.html
Reporter's Account Hurts Libby Defense
Miller Testifies of White House Aide's Unmasking of Agent

By Carol D. Leonnig and Amy Goldstein
Washington Post Staff Writers
Wednesday, January 31, 2007; Page A01

.....Deliberately and sometimes defensively offering her account in Libby's perjury trial, Miller told the jury that "a very irritated and angry" <h2>Libby told her in a confidential conversation on June 23, 2003, that the wife of a prominent critic of the Iraq war worked at the CIA. Libby had told investigators he believed he first learned that information from another journalist nearly three weeks later -- the assertion at the core of the charges against him........</h2>

.....Miller testified that Libby, then the chief of staff to Vice President Cheney, shared this information as they talked alone in his office in the Eisenhower Executive Office Building and that he complained that the CIA and a former ambassador were unfairly trying to blame the White House for using faulty intelligence to justify the invasion of Iraq. <h2>He then mentioned that the wife of the ambassador, Joseph C. Wilson IV, worked at a bureau of the CIA.....</h2>
Unofficial transcript of Fitzgerald's questioning of Miller, at Libby's trial, to further explain preceding WaPo reporting.....
Quote:

http://www.firedoglake.com/2007/01/3...live-judy-one/
Libby Live: Judy One
By: emptywheel

.........Fitzgerald: Did there come a time when you met with Libby

<h2>Miller: In OEOB, June 23. (Voice waivers)</h2>

M Mr. Libby appeared agitated and frustrated and angry

F HOw could you tell

M He's a lowkey and controlled guy, what he said made me think I was correct. He was concerned that CIA was beginning to backpdal to distance self from unequivocal estimates it provided before the war through a "perverted war of leaks."

F Did the topic of Joseph Wilson come up

F What do you recall was said

M His office had learned that he had been sent overseas, initially referred to as clandestine guy. VP had asked about a report in Winter 2002, in Africa, CIA hd sent Mr Wilson out to investigate claim.

F Was Libby saying VP sent WIlson

M the contrary. He said that VP did not know that Mr Wilson had been sent.

2:29

F What he said about Winter 2002 and how it related to trip.

M There had been reports, a report had gone up to the Hill indicating that Iraq hunting for uranium in Niger. VP had asked about those reporters, agency had taken upon itself to find out more. In the beginning he referred to Wilson as clandestine guy.

<h2>F Mr. Wilson's wife (voice not in great shape)

M Yes, when he was discussing intell reporting, he said his wife (referring to Wilson) worked in the bureau

F What did you understand bureau to mean</h2>

M I was a little unsure, My understanding was FBI, <h2>but the context it was clear he was referring to CIA

F Any particular bureau?

M I thought he was using bureau to refer to Nonproliferation burea, but I wasn't sure.</h2>

F How did you write it in notes

M In parentheses. He had mentioned it as an aside or because I was puzzled by it. I put a question mark about it.

F Why

M I can't be sure.

F any other discussion.

Sidebar.

Judy slouches, looks at lawyers.

2:32

Big eyes, looking forward.

F Any other conversation about pres and WH and CIA?

M Yes, Mr Libby seemed really unhappy and irritated abotu the fact that he accused CIA of leaking info that would distance agency from earlier estimates. He said that nobody had ever come to WH from CIA and said Mr. Pres, this is not correct, this is not right. He thought if CIA had such doubts they should have shared them

F relevance to Wilson

M People were beginning to focus on Wilson, but Wilson was a ruse, an irrelevance

F Did you cover the area you were assigned to.

Walton Was he using Wilson's name

M First as a clandestine guy, then began talking about Joe Wilson by name

F Returning to conversation about the wife working in bureau, did he indicate whether he had heard it from reporters

M NO

F Op-ed?

M Yes. I was surprised by it. Because it was first time that someone who had purported to be part of collection mechanism, first time someone was publicly alleging that admin had lied or distorted info about WMD. It was a serious charge. Second thing that surprised me, I wondered how the CIA would have permitted him to write such an article attacking the president.

Now speaking with her hands.

M Or excuse me sir–or whether it had approved it.

F You met with Libby again

M July 8 at St Regis, in dining room. Mr Libby's choice. About 2 hours.

F Did Libby have papers

M piece of paper in pocket

F Single or more than one

M DOn't remember. Libby was frustrated, quietly agitated. more wideranging discussion about intell that admin had collected and Powell presentation.

F June 23 ground rules:

M Off the record

F At beginning of July 8

M No discussion at beginning of specific attributions

F Mr Wilson was discussed, did ground rules remain same

<h3>M Ground rules changed. Libby said, when we shifted into alleged efforts to acquire uranium, he wanted to be identified on deeper background and I think he said something like Former Hill staffer

F had you ever been asked by him before to treat him as Former Hill staffer

M No

F demeanor?

M Equally frustrated and unhappy</h3>

F what discussed. [Judy uncomfortable]

M SAid plenty of info before Powell presentation was given, supporting Iraq hunting uranium, it had been shown that IRaq HAD acquired uranium in Africa, prior to 1st gulf war, in 80s IAEA stated taht Iraq had acquired, after that several different reports that Iraq in market again for uranium. 2 reports, for a long-term arrangement for large quantities, and then a shorter term amount, then referred to anohter report, a third report, the arrival of a delegation in 1999 this delegation was seeking a broader trade relationship, since Niger only had one export, officials had concluded that Iraq was interested in uranium, Author of this report was Joe Wilson. The report had gone up to the Hill. Talking about info provided to Hill, which had prompted VP questions.

<h2>F Did he indicate who provided this report

M CIA

F Discussion about Mr. Wilson's wife on this occasion.

M Two streams of reporting on uranium and efforst by Iraq to aquire uranium, first stream reports like Wilson, –then made an aside, Wilson's wife works at WINPAC Weapons Intelligence Nonproliferation and Arms Control, specifically focused on WMD.

F Before June 23, had you ever heard that Wilson's wife worked at CIA/

M Not before that meeting

F On July 8, any new info

M WINPAC was new

F Any discussion of covert or non-covert?

M Not that I remember no, No discussion whether she was classified or non-classified.

F Any discussion of learnign this from other newspaper reporters.

F discussion about NIE </h2>

M Defended NIE, based on reporting from many different sources He said classified version even stronger, it was not at all equivocal. Said if anything classified was stronger

F Any qualificatoin, any place where a doubt would be expressed

M Yes, didn't know classified or unclassified, said INR had expressed doubts about uranium hunting, alleged uranium hunting activities, had been included in appendix. What he was saying was that these doubts not prominently featured. He said policy makers had not seen them

F Did you take notes, anything particular about process

Obejction sustained

F Pen or pencil

M Used pen. The pen didn't work

2:46

F Did you talk to other people

M I think I did, as soon as I remember learning about Wilson's wife

M I don't remember who, I consulted my notes, references by initials and names, not tied to any interview in any notebook, can't remember whether it was before or after info became public.

F Did you speak to him again

M Wanted follow-up. We agreed to speak on phone, I recall less about that meeting. The first time Libby called me I was getting into a taxi, I couldn't take notes, Didn't want to talk in a taxi, spoke from home in Sag Harbor

F Did you take notes, have you reviewed those notes, clear memory of conversation

M Not very clearly–

F what do you remember

M I remember telling him that I didn't think I was going to write a story about it, the NYT wasn't interested in pursuing Plame story. We talked about retraction of 16 words. It was more following up on other two conversations. Don't have specific memory of other things

F saw Libby in person

M In Jackson Hole WY, at a rodeo, I went with my husband. This figure approached me, began talking to me, it became time to introduce husband, it became clearer I didn't know who it was. Judy, you don't know who this is, sunglasses, black t-shirt, cowboy boots. I had never seen him in any thing but a suit. Just some banter about meeting in Aspen. Meeting of Aspen startegy group. Topic had been lack of WMD in Iraq.

F A subpoena, what did you do in response

M I decided to fight the subpoena

F Where, who

M Judge Hogan, we lost effort to quash subpoena, we appealed, Federal Appellate court, our appeal was rejected, appealed to SCOTUS, SCOTUS declined to hear case. I returned to Hogan's chambers, he ordered me to comply, I told him I did not have a waiver from my source that I believed was person. I was held in contempt.....
If you were one of the eleven jurors who voted Libby guilty, and you listened to Miller's trial testimony, and then you later read reconmike's post about Armitage, how credible would reconmike seem to you....about as credible as Scooter Libby or Dick Cheney?

<h2>It's as if those remaining supporters of this still outrageous and illegal Bush/Cheney "treason op" are either sniffing glue, were brainwashed by Rove and the RNC, or both !</h2>

reconmike 07-06-2007 07:20 PM

Quote:

Originally Posted by host
...reconmiike, Libby was not charged with leaking details of Valerie Plame's employment, or her connection to Joe Wilson....and his oped did not appear in the NY Times until July 6, 2003...so what's this, on June 23?

<b>Background....reported 15 months before Libby's criminal trial, and just days before Fitzgerald indicted Libby:</b>


Reporting of Judith Miller's testimony at Libby's trial:



Unofficial transcript of Fitzgerald's questioning of Miller, at Libby's trial, to further explain preceding WaPo reporting.....


If you were one of the eleven jurors who voted Libby guilty, and you listened to Miller's trial testimony, and then you later read reconmike's post about Armitage, how credible would reconmike seem to you....about as credible as Scooter Libby or Dick Cheney?

<h2>It's as if those remaining supporters of this still outrageous and illegal Bush/Cheney "treason op" are either sniffing glue, were brainwashed by Rove and the RNC, or both !</h2>


Cut and dry, who said the name PLAME was a CIA covert op? was it Armitage or Libby?

And Host if ya want to get personal, you would still be in Canada if it werent for a by golly a PARDON by the US president Jimma Carter.

host 07-06-2007 07:44 PM

Quote:

Originally Posted by reconmike
Cut and dry, who said the name PLAME was a CIA covert op? was it Armitage or Libby?

And Host if ya want to get personal, you would still be in Canada if it werent for a by golly a PARDON by the US president Jimma Carter.

I never went to Canada, reconmike...because I didn't do anything wrong. President Ford, in all of his unelected magnanimity, pardoned Nixon, the criminal, UNCONDITIONALLY, and then offered refuseniks like me....a "pardon" that required working two years in a community or human services related low paying job, and the signing of a "reaffirmation" of "loyalty" to the US.

I already had spent years in low paying jobs...the only kind you can get if you had no selective service classification and you refused to provide a false one on a job application.....but the Ford oath was an insulting to my beliefs.



Ford didn't grasp that he was a criminal because he obstructed justice by pardoning Nixon, and that I ignored selective service because it was the right thing, the legal thing, and the moral thing to do at the time. The crime was the contrived Gulf of Tonkin resolution, the suppression of Daniel Ellsberg and others trying ro publish the Pentagon papers, and the Nixon approved break in of Ellsberg's psychiatrist's office, and the strategy if bombing North Vietnamese rice fields, ambassador GWH Bush's denial, at the UN, of the intent to bomb the rice field dikes in North Vietnam...and Cheney's support for the war while obtaining 5 deferments for himself because he had "other priorities". If everyone had come to the decision I came to in that era reconmike, LBJ and Nixon could not have gotten so many people killed for nothing, and Reagan would not have had a failed, avoidable, criminal war to shill as "noble".

I was an 18 year old who caught a glimmer of what it took Gen. Smedley Butler a 30 years carer in the Marines to figure out. Jefferson, Madison, Franklin, and Adams knew it, too. It is confirmed that Bush and Cheney know it....for sure..... It's a racket , reconmike...and the ones who see it become POTUS or VP, and the ones who don't...... end up like Jessica Lynch, or like thousands of low income minorities who ended up etched in stone on the walls of the Vietnam memorial.

Cassius Clay was one of the smartest, selfless, courageous men of that period, reconmike, and you probably considered him a coward.

They can't fuck with you if you opt out, reconmike...and they'll kill a lot less innocents if you refuse to be complicit....to cooperate. They put the gun in your hand...and they tell you who to shoot it at....but, only if you let them.

You always have that choice....and if you respect yourself, it becomes an obligation.......the potential for large numbers of us to know that is the greatest fear in the minds of the Bushes and the Cheneys....

guy44 07-06-2007 07:52 PM

recon, this is really simple. Armitage AND Libby leaked. It doesn't matter that one did it before the other one. They BOTH LEAKED. BOTH LEAKED. BOTH LEAKED. Leaking = bad.

That's my whole point from my previous post. They both did it. That's it. And they were both wrong to do it.

Rekna 07-06-2007 10:30 PM

Well host the people defending Libby are the same ones who believe Iraq had WMD when we went in and that Saddam was responsible for 9/11. Does it surprise you that they won't believe Libby lied under oath?

reconmike 07-07-2007 03:09 AM

Quote:

Originally Posted by Rekna
Well host the people defending Libby are the same ones who believe Iraq had WMD when we went in and that Saddam was responsible for 9/11. Does it surprise you that they won't believe Libby lied under oath?

Alot of people beleived Saddam had WMDs when we went in, and some small traces were found, nothing to jump up and down and say, see he had them!! but there were some, I never said he had anything to do with 9/11, it is quite possible he did but there was never any proof he did.

And as I posted many times in this very thread, Libby did commit perjury and obstruction. Thats all I have to say about that.

Rekna 07-07-2007 06:58 AM

Quote:

Originally Posted by reconmike
Alot of people beleived Saddam had WMDs when we went in, and some small traces were found, nothing to jump up and down and say, see he had them!! but there were some, I never said he had anything to do with 9/11, it is quite possible he did but there was never any proof he did.

And as I posted many times in this very thread, Libby did commit perjury and obstruction. Thats all I have to say about that.

Reconmike I wasn't referring to you directly nor anyone directly but instead the class of people who are in denial about what is going on (Rush and many of his listeners). Sorry if you took it as me implying you directly.

The_Jazz 07-07-2007 08:43 AM

OK, this is the end of the personal attacks in this thread. There have been a number of them already, and the next one over the line will result in the appropriate response. I suggest that everyone take a deep breath, hit the back button and come back when they're calmer. The behavior for the last 20 or so posts has been unacceptable.

host 03-28-2008 06:49 PM

Something to ponder, is their any justice remaining in the federal system? Convicted Duke Cunninhgam briber, Brett Wilkes, released from federal prison, pending his appeal, after just over a month in the slammer:


Quote:

http://weblog.signonsandiego.com/new...e_on_bond.html

A federal appeals court has ordered the release from prison of former Poway defense contractor Brent Wilkes while he pursues an appeal of his bribery conviction and 12-year sentence.

The order from the 9th U.S. Circuit Court of Appeals was issued Thursday by judges Thomas G. Nelson and A. Wallace Tashima. Wilkes was convicted in November of bribing former Congressman Randy "Duke" Cunningham and sentenced three months later to 144 months in prison. He immediately appealed the conviction and sought to remain free, but U.S. District Judge Larry Burns refused and ordered him into custody.

In a brief order, Nelson and Tashima said it was unlikely that Wilkes poses a danger to the community or would flee if he were released.

Moreover, the judges said his appeal raised a "substantial question" of law or fact, that "is likely to result in reversal, an order for a new trial, or a sentence that does not include a term of imprisonment."
It took a former democratic governor of Alabama eight months and a CBS 60 minutes expose to win release from federal prison, pending outcome of his appeal, and Brett Wilkes, convicted of much more serious charges than Gov. Siegelman, managed to get released from prison in just over a month!


Quote:

http://www.signonsandiego.com/news/p...19wilkes2.html

Wilkes sentenced to 12 years in prison

By Angelica Martinez
UNION-TRIBUNE BREAKING NEWS TEAM

2:39 p.m. February 19, 2008

U.S. District Judge Larry A. Burns urged Wilkes to admit his wrongdoing, something he politely refused to do.

“Today is a day to own up,” Burns said. “A guy who cares at least about his family should come clean to them.”

Wilkes thanked his family and friends for their support, and continued to deny guilt.

“I know they understand how helpless I've felt in the process because I couldn't speak out,” he said. “Your Honor, I've always maintained my innocence and I continue to.

“I believe in the justice system and I've respected your authority, even though I've not always agreed.”

Wilkes, 53, who had been free on bond, was convicted on Nov. 5 of conspiracy, bribery, fraud and money laundering in connection with the bribery scheme that brought down former Rep. Randy “Duke” Cunningham, once a highly respected war hero.

Cunningham pleaded guilty to conspiracy and tax evasion. He was sentenced to eight years and four months in federal prison in March 2006.

Prosecutors said Wilkes' decade-long bribery of the former congressman netted him $46 million.

During Wilkes' trial, prosecutors presented evidence that he showered Cunningham, a Republican congressman from Rancho Santa Fe, with expensive meals, gifts, fancy trips, cash bribes and prostitutes.

In exchange for the gifts and bribes, Cunningham, who then held a seat on a powerful defense committee, used his influence to earmark money in budgets and steer projects that benefitted ADCS, Inc., the Poway defense contracting firm that Wilkes owned.

An investigator said in court papers that the federal government lost at least $30 million and as much as $60 million on the contracts that ADCS was involved in.

Prosecutors wanted to have Wilkes sentenced to 25 years in prison and said that at a minimum, he should be given 16 years and eight months in prison, twice the length of Cunningham's sentence.

Federal prosecutor Phil Halpern said Wilkes deserved to be punished for a longer term because his case was different from Cunningham's. He said Cunningham was a war hero who resigned from office, gave up his possessions, cooperated with the government and saddled his family with debts to accept responsibility.

Probation officials had recommended a 60-year term for Wilkes.

The judge disagreed with prosecutors who contended Wilkes masterminded the scheme, yet said he was troubled by Wilkes' demeanor in court.

“Mr. Wilkes, you have not indicated any sense of contrition to this day,” he said.

“I'm not big on sending a message, but I do think people will pay attention to what happened here,” Burns said.

The judge said there were troublesome aspects to this case, which demonstrated how shrewd and exploitative Wilkes was.

Mark Geragos, Wilkes' prominent defense attorney, has filed motions requesting a new trial for Wilkes based on what he described as prosecutorial misconduct and errors made by the judge.

Burns denied the motions.

“What we're talking about is trial strategy and tactics,” he said. “But was it a legal error? I don't think so.”

Burns also rejected Geragos' complaints that Geragos had needed more time to deal with the complex case, telling the defense lawyer the court “was bending over backward to accommodate you.

“I think you spread yourself too thin,” he told the defense lawyer. “You're in high demand, but I can't do anything about that.”
Quote:

http://www.opednews.com/articles/ope...ppen_in_am.htm
Political Trial of Don Siegelman

by Paul Craig Roberts Page 1 of 3 page(s)

http://www.opednews.com

Tell A Friend

Don Siegelman, a popular Democratic governor of Alabama, a Republican state, was framed in a crooked trial, convicted on June 29, 2006, and sent to Federal prison by the corrupt and immoral Bush administration.

The frame-up of Siegelman and businessman Richard Scrushy is so crystal clear and blatant that 52 former state attorney generals from across America, both Republicans and Democrats, have urged the US Congress to investigate the Bush administration's use of the US Department of Justice to rid themselves of a Democratic governor who "they could not beat fair and square," according to Grant Woods, former Republican Attorney General of Arizona and co-chair of the McCain for President leadership committee. Woods says that he has never seen a case with so "many red flags pointing to injustice."

The abuse of American justice by the Bush administration in order to ruin Siegelman is so crystal clear that even the corporate media organization CBS allowed "60 Minutes" to broadcast on February 24, 2008, a damning indictment of the railroading of Siegelman. Extremely coincidental "technical difficulties" caused WHNT, the CBS station covering the populous northern third of Alabama, to go black during the broadcast. The station initially offered a lame excuse of network difficulties that CBS in New York denied. The Republican-owned print media in Alabama seemed to have the inside track on every aspect of the prosecution's case against Siegelman. You just have to look at their editorials and articles following the 60 Minutes broadcast to get a taste of what counts for "objective journalism" in their mind.

The injustice done by the US Department of Justice (sic) to Siegelman is so crystal clear that a participant in Karl Rove's plan to destroy Siegelman can't live with her conscience. Jill Simpson, a Republican lawyer who did opposition research for Rove, testified under oath to the House Judiciary Committee and went public on "60 Minutes." Simpson said she was told by Bill Canary, the most important GOP campaign advisor in Alabama, that "my girls can take care of Siegelman."

Canary's "girls" are two US Attorneys in Alabama, both appointed by President Bush. One is Bill Canary's wife, Leura Canary. The other is Alice Martin. According to Harper's Scott Horton, a law professor at Columbia University, Martin is known for abusive prosecutions.

What was the "crime" for which Siegelman and Scrushy were convicted? Scrushy made a contribution to the Alabama Education Foundation, a not-for-profit organization set up to push for a lottery to benefit secondary education in Alabama, to retire debt associated with the Alabama education lottery proposal. Scrushy was a member of Alabama's Certificate of Need board, a nonpaid group that oversaw hospital expansion. Scrushy had been a member of the board through the terms of the prior three governors, and Siegelman asked him to serve another term.

Federal prosecutors claimed that Scrushy's contribution was a bribe to Siegelman in exchange for being appointed to the Certificate of Need board. In the words of federal prosecutor Stephen Feaga, the contribution was "given in exchange for a promise for an official act."

Feaga's statement is absolute nonsense. It is well known that Scrushy had served on the board for years, felt he had done his duty, and wanted off the board. It was Siegelman who convinced Scrushy to remain on the board. Moreover, Scrushy gave no money to Siegelman. The money went to a foundation.

As a large number of attorneys have pointed out, every US president appoints his ambassadors and cabinet members from people who have donated to his campaign. Under the reasoning applied in the Siegelman case, a large number of living former presidents, cabinet members and ambassadors should be in federal prison--not to mention the present incumbents.

How in the world did a jury convict two men of a non-crime?

The answer is that the US Attorney used Governor Siegelman's indicted young assistant, Nick Bailey, to create the impression among some of the jurors that "something must have happened." Unbeknownst to Siegelman, Bailey was extorting money or accepting bribes from Alabama businessmen in exchange for state business. Bailey was caught. Presented with threats of a long sentence, Bailey agreed to testify falsely that Siegelman came out of a meeting with Scrushy and showed Bailey a $250,000 check he had accepted in exchange for appointing Scrushy to the Certificate of Need board. Prosecutors knew that Bailey's testimony was false, not only because, according to Bailey himself, prosecutors had Bailey rewrite his testimony many times and rehearsed him until he had it down pat, but also because they had the check. The records show that the check, written to a charitable organization, was cut days after the meeting from which Siegelman allegedly emerged with check in hand.

It is a crime for prosecutors to withhold exculpatory evidence. The Washington Post reported on February 26 that Siegelman's attorneys have called for a special prosecutor after CBS quoted prosecution witness Bailey "as saying prosecutors met with him about 70 times. He said they had him regularly write out his testimony because they were frustrated with his recollection of events. The written notes, if they existed, could have damaged the credibility of Bailey's story, but no such notes were turned over to the defense, as would have been required by law."

In video documentaries available online, Bailey's friend, Amy Methvin, says that Bailey told her that he was going to parrot the prosecutors' line, "pay for play," "quid pro quo." Methvin says Bailey went into a speech about money exchanged for favors. "You sound like a robot," Methvin told him. "You would have it memorized, too, if you had heard the answers as many times as I have heard the answers," Bailey replied.

The prosecutors also had help from some jurors. On a WOTM Special Report hosted by former US Attorney Raymond Johnson, Alabama lawyer Julian McPhillips produced emails from two jurors about influencing other jurors in order to achieve a conviction. Jurors are not supposed to discuss a case outside the court or to consider information other than what is presented in court and allowed by the judge. The outside communication among the jurors is sufficient to declare a mistrial.

However, Federal District Judge, Mark Fuller, a George W. Bush appointee, ignored the tainted jury. Fuller's handling of the case suspiciously favored the prosecution. He bore a strong grudge against Siegelman. Fuller had been an Alabama district attorney before Bush made him a federal judge. Fuller's successor as district attorney was appointed by Siegelman and produced evidence that suggested that Fuller had connived with his former senior assistant in a "pension spiking" scheme, which some viewed as a fraud or attempted fraud against the state retirement system.

Despite his known animosity toward Siegelman, Fuller refused to recuse himself from Siegelman's trial. According to the WOTM Special Report, Fuller owns a company that was receiving federal money during Siegelman's trial. Fuller did not disclose this conflict of interest. The charges raised by 60 Minutes cast the trial as Karl Rove's effort to rid the Republicans of the candidate they could not beat. The strange conduct of the presiding Republican judge, who had recently become a rich man as the company he owned was awarded a mass of discretionary federal contracts, only raises more very troubling questions.

1 | <a href="http://www.opednews.com/articles/2/opedne_paul_cra_080301_it_does_happen_in_am.htm">page 2 link</a> | <a href="http://www.opednews.com/articles/3/opedne_paul_cra_080301_it_does_happen_in_am.htm">page 3 link</a>



Paul Craig Roberts, a former Assistant Secretary of the US Treasury and former associate editor of the Wall Street Journal, has been reporting shocking cases of prosecutorial abuse for two decades. A new edition of his book, The Tyranny of Good Intentions, co-authored with Lawrence Stratton, a documented account of how Americans lost the protection of law, is forthcoming from Random House in March, 2008.
Quote:

http://www.nytimes.com/2008/03/29/us...ma.html?ref=us
Freed Ex-Governor of Alabama Talks of Abuse of Power

By ADAM NOSSITER
Published: March 29, 2008


.....On Thursday, the United States Court of Appeals for the 11th Circuit, in Atlanta, ordered Mr. Siegelman released while he appeals his conviction, overturning an earlier decision by an Alabama federal judge who had ruled that the former governor should remain in jail. State Democratic officials have accused that judge, Mark E. Fuller, of playing politics because of his close ties to Republicans.

The investigation, trial and conviction of Mr. Siegelman, a veteran politician, has become a flash point for broader Democratic contentions that politics has influenced decisions by the Justice Department under President Bush, including the firings of several United States attorneys, and other federal prosecutions besides Mr. Siegelman’s.

In June 2006, a federal jury here convicted Mr. Siegelman of taking $500,000 from Richard M. Scrushy, the former chief executive of the HealthSouth Corporation, in exchange for an appointment to the state hospital licensing board.

The money was to retire a debt from Mr. Siegelman’s campaign for a state lottery to pay for schools, and his lawyers have insisted it was no more than a routine political contribution. They also cited the fact that Mr. Scrushy had served on the licensing board under three previous governors, as an indication that appointment to it could not have been deemed a reward.

Federal prosecutors say Mr. Siegelman was liable on the loan, and thus had a personal interest in the money.

The appellate court ruling said Mr. Siegelman had raised “substantial questions” in his appeal. That was seen by the former governor’s lawyers and other supporters as a signal that their central contention — that he was wrongly convicted for ordinary political activity — has hope of prevailing.

At least one legal expert, previously skeptical of Mr. Siegelman’s arguments, said he was “surprised” by the new ruling, which he characterized as unusual.

“It’s quite rare for the appellate court to substitute its view and displace everything that came before,” said the expert, Stephen Gillers, a professor at New York University School of Law.

The ruling was “not a promise of reversal, but it should give him great confidence,” said Mr. Gillers, suggesting that the ruling could have been influenced by “contextual” factors like the firings of the federal prosecutors.

Speaking by telephone outside the prison, Mr. Siegelman said he had confidence that the federal appeals court, which now considers his larger appeal, would agree with his view of the case.

Otherwise, he said, “every governor and every president and every contributor might as well turn themselves in, because it’s going to be open season on them.”

In Alabama, the Siegelman case has inflamed partisan passions, with Republicans describing Mr. Siegelman’s term from 1998 to 2002 as deeply corrupt, and Democrats furious over what they depict as a years-long political witch hunt.

In a sworn statement, a Republican lawyer and political operative, Jill Simpson, told of hearing one of Mr. Rove’s allies here, William Canary, discussing Mr. Siegelman during the 2002 governor’s race, and saying “that he had already gotten it worked out with Karl and Karl had spoken with the Department of Justice and the Department of Justice was already pursuing Don Siegelman.” The United States attorney here, Leura G. Canary, is married to Mr. Canary.

That statement has been the basis for a tide of speculation about possible conspiracies that continues to swirl here.

Mr. Siegelman has been one of this state’s most visible political figures for decades, having also served as secretary of state, attorney general and lieutenant governor. He was elected governor in 1998, but was narrowly defeated by a Republican in 2002, while he was under a much-publicized investigation.

Early Friday, the former governor completed his prison chores for the day — mopping a barracks area — and waited for his wife and son to pick him up for the eight-hour drive home to Birmingham, Ala.

“I was in prison,” Mr. Siegelman said afterward, when asked about his life at Oakdale. “I was treated like a prisoner. I’m not going to complain about the way I was treated.”

He added: “It feels great to be out. I wish I could say it was over. But we’re a long way from the end of this.”

matthew330 03-29-2008 05:45 AM

my two cents....this might be the most obnoxious thread ever.

ottopilot 03-29-2008 07:29 AM

Regardless of ideology or perspective, Libby lied under oath. Our law requires that he should be in prison. I'm very disappointed with the decision to commute. I believe anyone that lies under oath, willfully violates civil-rights, uses the power of office to suborn purgery, etc., should be fully prosecuted and sentenced. This would include folks like the the Iran-Contra clowns, anyone found guilty under the current administration, and absolutely Bill Clinton and friends. Sorry, it's the way I see it, I don't mean to open another can of worms here. :paranoid:

What ever you believe about Libby's trial, it was politics as usual on all sides (shady actions and character assassination) ... Libby was a willing patsy. Right or wrong, the trial evidence was not enough to convict. If he didn't purger himself, he would have walked.

If anyone needs a pardon, it's border agents like Ramos and Campean who are serving time for essentially doing their jobs (IMO, political prisoners to satisfy Mexico). Much more deserving than Mr. Libby.

An article from http://ramos-compean.blogspot.com/
Quote:

Congressman Jones response to Libby commutation: Pardon the border agents

In light of President George W. Bush’s recent commutation of I. Lewis “Scooter” Libby’s prison sentence, North Carolina Congressman Walter B. Jones has written a letter to again call on the President to pardon U.S. Border Patrol agents Ignacio Ramos and Jose Alonso Compean.

“I am writing to express my deep disappointment that U.S. Border Patrol agents Ignacio Ramos and Jose Compean remain unjustly incarcerated for wounding a Mexican drug smuggler who brought 743 pounds of marijuana across our border,” Jones wrote.

“While you have spared Mr. Libby from serving even one day of his ‘excessive’ 30-month prison term, agents Ramos and Compean have already served 167 days of their 11 and 12-year prison sentences,” Jones wrote. “By attempting to apprehend an illegal alien drug smuggler, these agents were enforcing our laws, not breaking them.”

“Mr. President, it is now time to listen to the American people and members of Congress who have called upon you to pardon these agents,” Jones continued. “By granting immunity and free health care to an illegal alien drug trafficker and allowing our law enforcement officers to languish in prison – our government has told its citizens, and the world, that it does not care about protecting our borders or enforcing our laws.”

“I urge you to correct a true injustice by immediately pardoning these two law enforcement officers,” Jones concluded.
Quote:

Originally Posted by Rekna
Well host the people defending Libby are the same ones who believe Iraq had WMD when we went in and that Saddam was responsible for 9/11.

I love this topic. But shouldn't we take it over to the appropriate thread? ... just saying.

It could be fun!

loquitur 04-02-2008 06:52 PM

Meanwhile, Jeralyn Merritt over at TalkLeft says there is a good chance Jeffrey Skilling's (Enron CEO) conviction will be reversed on appeal. That means the govt's poor record in getting non-plea convictions from the Enron fiasco will now be even worse than before.


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