If W. Pardon's Scooter Today, Congress Will Subponea Him Tomorrow To Testify Against Cheney

[McCamy Taylor]

The scroll on MSNBC said that no one is allowed to mention a Scooter Libby pardon at the WH right now. This pretty funny, if you consider that the entire Republican world is up in arms demanding that this loyal foot soldier who did nothing more than obstruct justice so that Bush/Cheney could get re-elected in 2004 be allowed to avoid jail time.

However, think about the consequences if W. issues Scooter Libby a pardon. Right now, the man can not be compelled to testify before Congress about Dick Cheney's involvement in the plot to out Valerie Plame, a covert agent specializing in WMDs, because he can say "I am a convicted felon, and my case is under appeal, and I have a right not to incriminate myself based upon the 5th, which I am asserting." The Bush administration may not believe in the US Constitution for others, but you can be certain that they will clutch it to their breast when it suits their purposes.

However, the very minute that W. pardons Scooter, the man loses his ability to refuse to answer Congressional questions about the very central role which Dick Cheney played in the Plame Affair.

http://www.washingtonpost.com/wp-dyn/content/blog/2007/05/29/BL2007052901024.html

It was established at trial that it was Cheney himself who first told Libby about Plame's identity as a CIA agent, in the course of complaining about criticisms of the administration's run-up to war leveled by her husband, former ambassador Joseph Wilson. And, as Fitzgerald notes: "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."

Fitz has done everything he can to light a fire under Congress to encourage them to start their own investigation/impeachment of Cheney for his criminal actions. As a Vice President, only Congress has the power to act meaningfully against Cheney. Right now, the main witness against Cheney, Scooter Libby can refuse to testify on the grounds that he may incriminate himself, but if he is pardoned, he has to answer any and all questions Congress throws at him, or face charges of contempt of Congress or perjury. And then, it is back to court and jail.

This is why I do not think that we will see a Libby pardon before December, 2008, when Bush and Cheney are ready to walk out of DC. This is why it is so important for them that Scooter be given probation pending his appeal. Otherwise, they will be forced to leave him in jail for 16 months, while fellow Republicans bemoan "poor" Scooter's fate and criticize W. for lacking political courage.

Come on, W., pardon Scooter. I double dog dare you.

:evilgrin:

[Stinky The Clown]

1. An excellent analysis...... cogent and concise.

K&R

[Zensea]

2. Why they can't mention it

John Dean has an excellent editorial in a recent Findlaw post regarding this.
http://writ.news.findlaw.com/dean/20070601.html

Since Cheney and possibly Bush could well be who Libby was protecting by perjuring himself, any quid pro quo regarding a pardon by those being protected in itself constitutes obstruction of justice.

[McCamy Taylor]

5. Great link. Recommended.

[Merlot]

3. I really think the judge will not let libby wait for appeals

and will have him start serving sentence immediatly. Judge knows that they may try to play out the clock for an '09 pardon.

libbly goes to prison right away will force bushco's hand. Pardon him to save hime jail time, or risk letitng him sit in jail and stew.

[Lobster Martini]

4. Depends on the scope of the pardon

Remember, Scooter was convicted on charges of perjury, obstruction of justice, and making false statements. Identifying Valerie Plame was not among the charges. If a pardon covers only the charges for which he was convicted, the fifth amendment could still apply.

Having said that, I still think Scooter will appeal and he'll be pardoned on W.'s last day in office.

[greenbriar]

6. oh I hadn't thought of that before

most excellent

[BlueStater]

7. What if Libby defies the suponea?

Hey, it worked for Condoleezza Rice and the wussy Democrats didn't do a thing about it.

[brer cat]

8. If he was pardoned and called to testify before Congress...

he would break Gonzo's record of "not recalling." It's already on record what a poor memory he has. I think he's a party man through and through and will go to his death bed without opening his mouth. Wish it could be otherwise, but I sure don't think so.

[formercia]

9. State charges

I wish some State AG would file charges against this bunch. Junior can't pardon them for that.

[Demeter]

10. Intriguing Idea. Are You Sure?

Not that a state court can do that much damage...and everything criminal can get appealed to Federal courts anyway, can't it?

[formercia]

11. The Law is clear.

http://www.usdoj.gov/pardon/pardon_instructions.htm

2. Federal convictions only

Under the Constitution, only federal criminal convictions, such as those obtained in the United States District Courts, may be pardoned by the President. In addition, the President's pardon power extends to convictions obtained in the Superior Court of the District of Columbia and military court-martial proceedings. However, the President cannot pardon a state criminal offense.

[formercia]

13. The state courts can put them in jail

I'm sure there are plenty of state laws that have been violated by GOP operatives.

[radfringe]

12. ahh yes, but

he worked very hard and he has children... both of which contributed to being unable to recall anything...