Bush overturns court order - in short order

By Libby

It's no surprise that Bush commuted Scooter Libby's sentence, although the speed with which our Feckless Leader subverted the will of the courts is a bit dizzying. But it's a savvy political move. His ratings are already in the dumper so he only stands to gain a little bump among the dead-ender loyalists who insist a consenual blow job should be a hanging offense but breaching national security to avoid being exposed as liars is just aokay with them.

Frankly, I don't care that Scooter will never have to worry about living up, or down, to his name in the prison showers. This administration has already made such a mockery of the judiciary and the rule of law that this is just one more tiny cut, not a major blow to the jugular vein of justice. It's not that he doesn't deserve it, it's just that by rights it should have been Cheney and Rove doing the perp walk and we have too many people in jail anyway.

In fact, I like Bush's reasoning on this. He says he communted the sentence because he considered it excessive. Since it fell pretty much in the middle of the guidelines he and his pet AG Fredo are insisting should not only be kept intact but enchanced and more fully enforced, maybe he could explain why he won't also commute the sentence of every person incarcerated under those arbitrary guidelines.

Via Radley, here's a list of people whose cases could use some similar presidential mercy and there's thousands more where those came from. I've given up on seeing Cheney held to account out of this travesty. I doubt the press will now put the focus on why Libby lied in the first place, as it should have been right along. But if the commutation at least throws the spotlight on the horrendous practice of mandatory sentencing, it will be worth it in return for Scooter's skip.

[cross-posted to The Reaction]

Libby walks alone

By Libby

Refusing to back down in the face of death threats, presumably from Bush's oh so "moral" conservative base, Judge Walton has issued his verdict and he's keeping to the hard line of accountability. Scooter Libby must go to directly to jail and since it looks like his feckless hero is not going to give him a get out of jail free card, he's expected to begin serving his sentence, pending appeal, within six to eight weeks.

There's a certain poetic justice to Libby being sent up the river by an appointee of Daddy Bush, bringing the betrayal of his loyalty full circle. The only thing wrong with this picture is Libby will be taking the perp walk by himself. If justice had been truly served, he would be joined on that lonely journey by Cheney, but Scooter plays the useful fool to the end.

I kind of feel sorry for his kids. You don't get to choose your parents, but I have no sympathy for Scooter. He should be rotting in jail. If he truly cared about our country he would have rolled and delivered us from the evil clutches of at least one of our reckless overlords.

[cross-posted to The Reaction]

Krazy Kristol cracks on Bush

By Libby

One gets the impression that Bill Kristol is heaving a huge sigh of relief. He finally found a reason to reject his man Bush that didn't make himself look like total clueless idiot. He couldn't join the rest of the rats in leaping off the ship on account of Iraq, since he virtually wrote the Bush Doctrine, but Scooter Libby gave him the perfect out. He begins a small op-ed thusly:

I FEEL TERRIBLE for Scooter Libby's family. Millions of Americans feel terrible for Scooter Libby's family. But we can't do anything about the injustice that has been done. Nor can we do anything to avert a further injustice looming on the horizon--Judge Reggie Walton seems inclined not to let Libby remain free pending appeal.

Injustice my foot. As Cernig, my colleague at Newshoggers points out:

The judge said the evidence overwhelmingly proved his guilt.

"People who occupy these types of positions, where they have the welfare and security of nation in their hands, have a special obligation to not do anything that might create a problem," U.S. District Judge Reggie B. Walton said.

The judge was very clear that a crime was indeed committed. I feel terrible for Scooter's family too. It must be awful for the whole world to know your husband-father-son is a lying sack of sh*t who endangered our national security and then lied about it to protect his soulless boss.

But Scooter made his choice willingly. He could have told the truth. He still would have been in trouble but it would have honorable to give this country the means to disemcumber ourselves of the lying malfeasants in the White House.

Scooter fell on his sword, as instructed and gets no sympathy from me. Meanwhile, he conveniently gives Krazy Kristol his out. Billy Boy ends his plaintive mewling with the escape clause.

So much for loyalty, or decency, or courage. For President Bush, loyalty is apparently a one-way street; decency is something he's for as long as he doesn't have to take any risks in its behalf; and courage--well, that's nowhere to be seen. Many of us used to respect President Bush. Can one respect him still?

A more appropriate question would be how can Kristol respect himself? He's one of the chief architects and primary enablers of the ugly scam that the Bush administration has been pulling on America for six years. Kristol could as easily be describing his own conduct. One can only hope he's forced to go down with Bush's sinking ship of state and we'll be spared from his future bleatings.

Now that would be justice.

Plame was covert - Cheney is a jerk

By Libby

It's official. According to newly declassified employment records submitted by Patrick Fitzgerald in his sentencing memo on the Scooter Libby case, Plame was indeed a cover agent at the time of her outing and the CIA was actively trying to protect her status. That should put to rest all those complaints among the Bush loyalists that Libby shouldn't have been prosecuted because there was no underlying crime -- but don't hold your breath waiting for wingnuttia to admit they were wrong.

Meanwhile, Dan Froomkin puts it into context. It's clear that the investigation uncovered criminal wrongdoing in the highest levels of the White House. As Fitzgerald himself put it:

"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, 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 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."

In other words, evidence existed but criminality was unable to be proved specifically and only because Scooter lied to protect Cheney. Froomkin rightly points out that history is likely to read this story as a tale of one of the most successful cover-ups of criminal malfeasance in the history of our country.

To pardon or not to pardon

I've been conflicted on whether Scooter Libby should be pardoned sooner or later or ever. While on purely legal level he committed a crime and he should do the time, Ezra Klein convinced me that an early pardon would be tacticly wise in returning the focus of the greater crime on the White House. Ezra has since changed his timeline and I've also seen some compelling arguments since then for not pardoning him at all.

I admit, do feel a little sorry for the hapless Mr. Libby. Even though I'm not of the mind that he is a nice man, he was just being a good little soldier and carrying out his overlord Cheney's orders. On some level I see Libby's conviction as being the same as convicting an addict while allowing the kingpin of the drug cartel to buy his way out. That's not to say I didn't see his prosecution as having been necessary to unveil the greater crimes but I'm not sure justice is so well served by allowing him to take the fall and thus allowing those above to skate.

Meanwhile, the press continues making excuses for those most culpable.

"What you saw was a vice president's office that was out of control," says a former White House staffer who asked not to be named talking about internal discussions. According to trial testimony, White House aides Karl Rove and Ari Fleischer both disclosed the identity of Wilson's wife to reporters. But the way the White House sees it, Rove and Fleischer "went up to the line," the staffer says, "but they didn't cross it. The vice president's office crossed it." Now Bush has to decide how long he'll make Libby wait on the other side.

I've seen this repeated in various forms. Libby shouldn't have been pursued because Armitage was the first to out Plame, and Rove and Fleischer did it too. What kind of bullshit is that? All that means is that they were all guilty of outing Plame and that most certainly includes Cheney. I can't fathom why this is seen as exculpatory to Libby rather than an indictment of the whole White House.

In any event, one feels certain he will eventually be pardoned, so the question becomes a matter of timing. At the moment, I'm still thinking an earlier pardon would force Bush to confront the lies he told when the investigation opened and he clearly stated neither Rove or Libby were involved in the leak. Bush still hasn't clarified that statement and no one in a position to do so, namely the media, is asking him the question.

Clearly, the best position for the White House is to wait until after the 08 elections. But I'm still thinking it would be better for all concerned, except the White House and by extension the GOP, that a pardon be issued sooner so that the questions will finally be put on the table.