Tuesday, July 03, 2007

Who Need Activist Judges When You Have A President In Your Pocket?

Of course, The W was trying to avoid his Libby decision today by pasting purple hearts on wounded GIs while attempting to soothe his damaged conscience. Even so, the decision by W to commute Libby's sentence brings up several questions, not the least of which is who has whom over a barrel.
Q Mr. President, are you willing to rule out that you will eventually pardon Scooter Libby?

THE PRESIDENT: First of all, I had to make a very difficult decision. I weighed this decision carefully. I thought that the jury verdict should stand. I felt the punishment was severe, so I made a decision that would commute his sentence, but leave in place a serious fine and probation. As to the future, I rule nothing in or nothing out.

Q Mr. President, federal sentencing guidelines call for jail time in these kinds of cases of perjury and obstruction of justice. Why do you feel otherwise, and are you worried that this decision sends a signal that you won't go to jail if you lie to the FBI?

THE PRESIDENT: I took this decision very seriously on Mr. Libby. I considered his background, his service to the country, as well as the jury verdict. I felt like the jury verdict ought to stand, and I felt like some of the punishments that the judge determined were adequate should stand. But I felt like the 30-month sentencing was severe; made a judgment, a considered judgment that I believe is the right decision to make in this case, and I stand by it.
The reason why W didn't pardon Libby is quite the conundrum. Perhaps, they need to have some kind of leverage over Libby to keep him from telling all or spurring that faulty memory that seems to plague all W, Rove and Co appointees as they testify in front of various panels.

Or conversely, perhaps it's Libby who is managing a quid pro quo arrangement so that he stays out of jail in exchange for taking his secrets to the grave. In another plausible scenario, the Big Dick Cheney may be playing political hardball to keep from being impeached. And still another scenario might be that Rove is pulling all the political strings trying to stop him and his boss from getting hung out to dry.

Whichever way; it's a tangled web. Who is the spider? Who is the fly? Where does that leave the American People?

Of course, Tony the Snow job spent the greater portion of today's Whitehouse press briefing trying to explain his master's decision. Have a look:
Q Is the President's decision to commute the sentence of Scooter Libby -- is that the final word in this case, or does he leave the door open for a pardon later?

MR. SNOW: Well, let me put it this way. The President thinks that he has dealt with the situation properly. There is always a possibility, or there's an avenue open for anybody to petition for consideration of a pardon. As far as we know, that's not been done; we don't know if it's contemplated by Scooter Libby or his defense team. But this is -- the President has put together what he thinks is the proper approach and the proper way of dealing with this case.

Q Tony, did the Vice President weigh in?

MR. SNOW: My guess is that -- I don't have direct knowledge, Ed. But on the other hand, the President did consult with most senior officials and I'm sure that everybody had an opportunity to share their views.

Q Why didn't he consult with Justice Department officials? Officials in his own Justice Department say normally someone would at least serve some jail time before a sentence is actually commuted. Why didn't he consult with his own Justice Department?

MR. SNOW: Well, a couple of things. First, quite often when you're dealing with sentences of this sort, they also have to deal with, as you point out, sentences that are ongoing or sometimes cases that have gotten a bit stale and people are trying to refresh their memories about the particulars of the case. The same would be true of the prosecutor, because they're quite often consulted for the same reason. Here you have a case that's still ongoing in the court system. It's not like people's memories are fuzzy about the details or the circumstances. The Attorney General, himself, was recused, as you know, in this case.

But the answer, Ed, is that it is certainly -- in some cases, people do such consultations. In this case -- and they do it for the reasons I've just cited. These tend to be, can you go back and fill me in on what happened in that case. If you take a look at the rash of pardons and commutations at the end of the Clinton era, a lot of that was people running around trying to find paperwork to figure out what the facts were. So let me just --

Q Well, why no jail time, though?

MR. SNOW: I'm sorry, what?

Q The jail time issue -- normally, somebody at least serves a day in jail, a week in jail, a month in jail.

MR. SNOW: Because the President thought the jail time, in fact, was inappropriate, and therefore, he decided to --

Q I thought he said the jail time was excessive, the sentence was excessive. He didn't say it was inappropriate.
Of course, it's all politics. They are still trying to smear Joe Wilson, for no particular reason given that the case against the W, Rove and Co is about the outing of a CIA Agent, not whether Joe Wilson was correct in his accusations (which by the way have not been proven false, and the fact that there were no WMD in Iraq, notwithstanding).
Q Why not? It's over now. You didn't want to talk about it then. Let's talk about it now. Do you think the American people are owed something because of the breach?

MR. SNOW: Number one, there is still considerable controversy about the facts of the case, including Joe Wilson's veracity. Number two, there is also --

Q What's in question about his veracity? Detail that, please.

MR. SNOW: There is also -- just, very quickly, you take a look at the Senate reports, his characterization of who sent him over and what he told people when he was in Niger is at direct odds with what he attempted to tell the American public.

Q That has nothing to do with leaking the name of --

MR. SNOW: I'm just --

Q She's making a good point.

MR. SNOW: I'm answering her question, which she raised --

Q But she's making a good point.

Q You're arguing a different case.

MR. SNOW: No, I'm arguing --

Q The apology that the American people may want -- some may want --

MR. SNOW: I understand.

Q -- has to do with the fact that the White House allowed for a breach. And doesn't Libby owe the President an apology?

MR. SNOW: Again, I'm not -- this is -- number one, I believe the investigation found that the White House was not the source of the breach. Number two, the President has said that it is --

Q But it's part of the Bush administration.

MR. SNOW: -- the President has said it is inappropriate to have such breaches, and has apologized for them. So beyond that --

Q When did he apologize?

MR. SNOW: I think he said to the American people -- gave an apology, but --
We aren't getting apologies, but I think some kind of harsh penelty should be issued rather than just asking for an apology. And what of Uncle Karl?
Q Tony, one point that is not in dispute is that Karl Rove was involved in the leak, in some way he was involved. He talked to at least two reporters who ended up publishing this information. In 2004, the President said -- he didn't talk about convictions or anything -- he said he would fire anyone in this White House who was involved in the leak. We now know Karl Rove was involved; he did not fire him.

MR. SNOW: There are two things to note. We have also said that we do not -- we are not going to make comments in detail until the legal process is over. And it is not; there is still an appeal through --

...Q Tony, you didn't answer the question about Karl Rove, though. So why wasn't Karl Rove fired?

MR. SNOW: The reason I said that is because you're asking a question that still may be arising -- may be a subject of inquiry and ongoing --

Q How many years is it going to take? I mean, the President made that statement in 2004....

...Q How does this square with the President saying, anybody who leaks in my White House, anybody who doesn't follow the law, is not going to work for me?

MR. SNOW: Well, once we get -- once we get final determination on that, we'll deal with it. By the way, Karl was not accused of breaking any laws. He was not, in fact, indicted on anything. So you've got -- there's a lot of contention in this, but you also need to stick with the fact record.

Q The President set a lower standard first. He didn't say about breaking the law, he said involved in leaking the identity. So you've changed the standard --

MR. SNOW: No, no, no, I was just -- I was responding to that particular question. Again, when we get final clarity on this through the judicial system, I'll answer the question.
And here's where the veneer of the President's moral character cracks for me:
Q How does this square with the President saying, anybody who leaks in my White House, anybody who doesn't follow the law, is not going to work for me?

MR. SNOW: Well, once we get -- once we get final determination on that, we'll deal with it. By the way, Karl was not accused of breaking any laws. He was not, in fact, indicted on anything. So you've got -- there's a lot of contention in this, but you also need to stick with the fact record.

Q The President set a lower standard first. He didn't say about breaking the law, he said involved in leaking the identity. So you've changed the standard --

MR. SNOW: No, no, no, I was just -- I was responding to that particular question. Again, when we get final clarity on this through the judicial system, I'll answer the question.
What you find is a double standard, exposed for all to see. That is, if you are friends with the President or the Big Dick, you get your "get out of jail free" card. But if you are any one else, you get some jail time. If that's not hypocrisy, I don't know what is:
Q Does he think prison for perjury is excessive?

MR. SNOW: -- as did a parole board. As did the parole board. So I'm simply telling you that -- what you're trying to do is to set up a false distinction here as -- acting as if this were not the sort of punishment that would be meted out in a perjury case. It is.

Q I'm asking you, if someone else perjures himself --

Q -- say that it was excessive.

MR. SNOW: It said that, in fact, the -- consistent with the guidelines that it talked about, for the general use of guidelines in mitigated circumstances, and it goes in some length into those considerations.

Q I'd like to know, if someone else perjures himself, someone unknown to the President, does the President believe that prison time for that offense is excessive?

MR. SNOW: It depends on the circumstances surrounding the case.

Q And so what is it about these circumstances that --

MR. SNOW: I'm not going to get you -- beyond what we've said, I'm just not going to play the game.

Q But is one day, even one day in prison excessive for this kind of a crime? I mean, people have spent time in prison for --

MR. SNOW: No, no -- this crime. This crime.

Q This crime, yes.

MR. SNOW: Not this kind of crime; this crime.

Q One day is too much for this particular crime?

MR. SNOW: The President decided that it was too much for this one.

Q Why not some jail time served, as was --

MR. SNOW: Tell me why.

Q I'm asking you.

MR. SNOW: No, it sounds to me like --

Q -- obstruction of justice, is why --

MR. SNOW: You don't think --

Q -- convicted of obstruction of justice.

Q For lying, perjury.

Q Perjury.

Q He was convicted of -- am I right? He was convicted of obstruction of justice.

Q He was convicted of perjury. He lied about leaking.

MR. SNOW: -- running high in the press room today.

Q No, you're trying to take the logical and change it around and make -- you're insulting our intelligence.

MR. SNOW: No, I don't think so. What I've tried to do is to insert a little nuance into a conversation that continues to try to create broad generalizations that can be used, frankly, to twist the case out of context.

Q Does Scooter Libby owe the President something now?

MR. SNOW: What Scooter Libby is doing is paying a debt to society.

Q Does he owe the President not to give -- ask for a pardon?

MR. SNOW: I'm not going to try to get into what he owes or doesn't owe. I mean, that's -- ask Scooter Libby what he thinks he owes.

Q Should he just be happy right now that his sentence was commuted, and he should not come back and ask for a pardon?

MR. SNOW: You know, again, I am not going to get in -- tell somebody their business. I will remind you that this is a guy, again, who has a felony conviction, a $250,000 fine, two years probation, and basically has lost the way he has built a living in his entire life. That is pretty significant punishment.

Q Book deal, right?

MR. SNOW: I love the fact that everybody thinks folks get rich off books. I like Scooter, but I'm not sure that's one that's going to go flying off the shelves.
I'm not making this shit up. It's astonishing the pedantic nature of how Tony twists the rhetoric to his advantage and mockery laced through out his commentary. He must think the American People are absolute morons and depending on the fact that we don't know what kind of trickery they have going on here.

3 comments:

Anonymous said...


What would Karl do?

Q Is the President's decision to commute the sentence of Scooter Libby -- is that the final word in this case, or does he leave the door open for a pardon later?

Why wouldn't Bush go for two throws of red meat to the Republican base?

Anonymous said...

The speculation is that Bush commuted Libby's sentence rather than pardon him outright because a pardon would have taken away Libby's 5th amendment rights and so opened him up to new questioning which might lead who knows where.

Let's see if Bush gives him a full pardon before he leaves office.

Mary Ellen said...

Bush will not only give Libby a pardon, but I think he'll get a medal of honor to go with it...and a trip to Disneyland.

If your recall, his father did the same thing, he pardoned all those guys from the Iran Contra affair and with that, ended the rest of the investigation. Like father, like son. The apple doesn't fall far from the tree.