Jun 07 2007
Commute Scooter Libby
Update – my response to the commutation news can be found here
I agree with what Clarice Feldman and the folks over at Powerline said regarding the idea posed today in the Washington Post that Scooter Libby should have his jail time commuted and his fine retained (possibly reduced). The idea is sound because a jury decided there was an infraction of the law. It was not a major one and it was not the one Fitzgerald pretends it to be. Fitzgerald KNEW who leaked Valerie Plame’s name to the media and it was not Scooter Libby.
In fact Libby was charged with claiming he talked about Plame with Russert and Fitzgerald stated, in the indictment, that was perjury. There was no leak to Russert. Only in the warped and desperate mind of Firtz-Magoo could someone claiming to have discussed the supposedly forbidden topic of Valerie Plame (CIA Employee) be charged with perjury for lying and NOT discussing said forbidden subject. The fact judge Walton could not see the pathetic irony and injustice in this aspect of the case and went ahead and sentenced Libby as if he DID leak to Russert shows why Walton is the poster child for bad judges.
Here we have the crux of the excessive punishment. Scooter said he did the bad and discussed Plame with Russert. Fitz and Russert and the jury so no you did not Scooter. You lied and did so deliberately. Fitz then says he should be sentenced as if he had leaked the name. Judith Miller can’t remember and what’s-his-name at Newsweek basically agreed with Libby on words, each just interpreted the meanings differently.
But we need to uphold our legal process and so commuting the sentence (and probably reducibng the fine by at least a 3rd for NOT leaking to Russert – as the prosecutor proved, and which makes Libby INNOCENT of the IIP charges) is the right decision. I would wait a bit though, and see if there is some sanity left in the court system. The harsh sentence tells me this case should be thrown out an retried, though for the life of me I cannot think of a legal hook to hang that on. But if it was, I think the second time around Libby would get a different result.
However, there is something to be said for closing this mess up once and for all.
I don’t want to pile on Soothsayer’s consummate victory over
Strata. I’ll just say Libby is a dual loyalist running interference
for Cheney. Both deserve lengthy jail time for helping lie us
into the war.
If anybody lied it was the CIA.
If anybody lied it was the CIA.
Commutation of sentence comes under the aegis of the Office of the Pardon Attorney. DoJ guidelines call for the Pardon Attorney to consult with the US Attorney who prosecuted the case. I fear that Mr. Fitzgerald is not apt to go to bat for the traitor Libby.
Further, as a general matter, in clemency cases the correctness of the underlying conviction is assumed, and the question of guilt or innocence is not generally at issue. However, if a petitioner refuses to accept guilt, minimizes culpability, or raises a claim of innocence or miscarriage of justice the United States Attorney should address these issues (and it makes clemency more unlikely).
The Pardon Attorney also routinely requests the United States Attorney to solicit the views and recommendation of the sentencing judge. I believe I can speak for Judge Walton in this instance, when I say: Go pound salt, Scooter.
Additionally, clemency usually is granted on the basis of the petitioner’s demonstrated good conduct for a substantial period of time after conviction and service of sentence. The Department’s regulations require a petitioner to wait a period of at least five years after conviction or release from confinement (whichever is later) before filing a pardon application (28 C.F.R. § 1.2).
And we should jump Scooter to the head of the line because . . .
The extent to which a petitioner has accepted responsibility for his or her criminal conduct and made restitution to its victims are important considerations. A petitioner should be genuinely desirous of forgiveness rather than vindication.
If Libby won’t admit he’s lying scum – he can rot in Leavenworth for 30 months, leaving his wife and children to fend for themselves.
When Bill Clinton serves 30 months for lying to a grand jury and Sandy Berger goes to jail for stealing and destr0ying classified documents then I’ll drive Scooter to jail myself. If that doesn’t happen, and we know that since their liberals it never will, then I think Scooters sentence should be commuted. Every legal expert I have heard says that the sentence was excessive and out of bounds so we should not let Libby be a political prisoner for Southie and his far left friends.
My feeling is: Let’s keep our noses the hell out of it.
dear soothsayer, that may define the procedure however, it does NOT limit the constitutional power of the President to do what he damn pleases re commutations and pardons. See Wm Jefferson Clinton .
AJ I want to make something clear–I think Libby should be PARDONED. OTOH I elieve he has 5 damned good reasons why the case should be reversed on appeal. However, if the court insists on putting him in jail pending appeal, I think the President should commute his sentence and allow him to proceed with the appeal if he chooses to do so.
So, Clarice, as an officer of the court you feel that the multiply convicted felon I. Lewis Libby has been so egregiously treated that DoJ guidelines should be thrown out the window so the traitor can walk. Interesting.
As for: it does NOT limit the constitutional power of the President to do what he damn pleases
you are entirely correct, IF Bush has the balls to pardon Libby. Unfortunately for Scooter, I seriously doubt the draft-dodging alcoholic coward in the White House has the stones or the loyalty to subordinates necessary to pull the trigger.
PS: When does Scooter get disbarred?
Oh Soothie that was so mature. Get your facts straight then you would not look and act so unitelligent.
Gee Soothie, you had the high ground occupied on this one and where batting .1000. Now your BDS is pushing you down to about .500. Pretty good however, you are falling fast.
Love that BDS! What MUST it be like to live with that everyday?
George W. Bush is a man among men. The BDS afflicted will never understand that statement. Ever. 6 year olds are not capable of that depth of understanding as their egos are underdeveloped, donncha know!
It’s official Winkler got as much time for killing her preacher husband as Scooter got for making a mistake about his conversation with Russert. What is wrong with this picture!!!
Careerist sellout, Peter Pace , it is to be hoped , was fired in part for his approval of treason when he appealed for Libby’s pardon.