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July 02, 2007

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JM Hanes

Slim:

Thanks for the round up. They were probably taken aback for all of a minute when the Prez delivered a commutation instead of the pardon they've all been waiting for -- till they realized they could just speak from the same notes they'd been working up for the occasion anyway.

PeterUK.

"Institutions have a collective wisdom greater than that of any one individual."

Hey,we're back to Galileo! Or the Party knows best.

Jane

"Oh, I am simply shuddering with gloating delight over all of this."

Nice writing.

Glad you're enjoying it. It says something about you.

Indeed it does. Just as your gloating over ruining a gay man for being gay said a lot about you.

I prefer gloating over justice, myself.

PeterUK.

There's a wonderfully fresh feel in the air this morning.
Are not the main issues that a government department can refer an alleged offence to the DOJ,which can appoint a Special Prosecutor who can investigate and hide his findings,all without any original offence or damage done ever being explained or made public.
That a man could be prosecuted on a secondary issue but sentenced on the original alleged offence drags this into "An Enemy of the People" territory beloved of totalitarians throughout history.
Most Kafkaesque.

Poppy

Chch16, you're right about one thing, this case isn't over, and Bush will still get to correct a terrible error and injustice carried out by Fitz and the court.

Its called Checks and Balances, you might want to look it up.

And your fixation with Ms. Goodling is creepy. You mention her in about 25 percent of your diatribes. Its really an unhealthy fixation that may lead to stalking or worse.

By the way, Clinton managed to pardon people whom hadn't even been tried like Mark Rich, so much for those precious DOJ guidelines that apparently everyone from Clinton to Comey, to Fitz to the judges simply ignore.

I hope you don't have a wall full of Ms. Goodling photos in your basement. The 'Anonymous Liberal" seems to have a similar fixation on poor Ms. Goodling, a proper professional who did a outsnding job.

You might want to visit there and you can feed off each others hatred.

Poppy

Here's one for you chch16 if you don't already have a blow up above your bed.

http://farm1.static.flickr.com/59/204490457_edc4497c67.jpg

It would be nice if Tom Maguire started a Mionica Goodling Fan post so we can discuss her excellent work, even though some have tried to tear her down, simply because she is a strong women..


http://www.flickr.com/photos/icki/511377485/

Wow, a professional women, and super hot too.

Jane

paging Jane in earlier comment

Yeah TS, that's a scary thought isn't it? So was the Brisbane guy giving orders?

cboldt

-- In the course of commenting over at Beldar's Place, it occurred to me that perhaps the "personal reversal" you had in mind was Bush's own history where dispensing pardons is concerned. --

No. The "personal reversal" I had in mind is the difference between respecting the jury's decision (respecting the judgment of the court system) in THIS case, and a total undoing of the jury's decision in THIS case.

If the ultimate outcome President Bush required in THIS case was "not guilty," he should have nipped the entire affair in the bud - no investigation, no prosecutor, no case.

Poppy

Another idiocraciy of chch16 is to call Fox News, Fox Noise...its kindof like chch16's facial tick.

So whom gives chch16 his marching orders?:

""""Olbermann Now Names It 'Fox Noise Channel'
- January 24, 2007 -

One day after calling FNC the "Fox Nothing Channel," MSNBC's Keith Olbermann has re-christened it the "Fox Noise Channel." With video.

On "Countdown" on Tuesday (January 23, 2007), Olbermann referred to FNC as the "Fox Noise Channel" """"""

Ahh, another chch16 original thought uncovered as nothing more then a bitter Keith Olbermann who can't seem to come close to Fox's ratings.

Poppy

Micheal Moore, God is calling:

""""Terror plot hatched in British hospitals
By Kim Sengupta, Ian Herbert and Cahal Milmo
Published: 03 July 2007
A suspected secret cell of foreign militants, believed to be linked to al-Qa'ida and using British hospitals as cover, are being questioned over the terrorist attacks in London and Glasgow.

Five of the eight people under arrest last night are said to be doctors. Another of those detained is the wife of one of the doctors, who is a medical assistant working for the NHS. """"

Moore had nothing but praise for the NHS in his latest diatribe, but he kindof failed to mentioned that the Brit NHS was importing terrorists to see your children, your grandma, etc when they wen't for their appointment.

One has to wonder what kind of healthcare people received from Middle Eastern terrorists. What kind you ask? The kind Micheal Moore loves..

Jane

In honor of the Libby commutation and the approaching July 4th holiday, might I suggest that we enter into a period of ignoring the trolls until (at least) the Holiday is over. You know they will be around, because the birth of our nation is not something they would be inclined to celebrate.

JJ

I like that, PUK. Typeset shortened version to a t-shirt:

Most Kafkaesque.

That a government department can refer an alleged offense to the DOJ, which can then appoint a Special Prosecutor who can investigate and hide his findings, all without any original offense or damage done ever being explained or made public?

That a man could be prosecuted on a secondary issue but sentenced on the original alleged offense drags this into "An Enemy of the People" territory?

(Apologize for editing, but, hey, for t-shirts on big bellies, it's just too many words.)

PeterUK.

JJ,
How about,

"LIBERALS - ENEMA OF THE PEOPLE"

glasater

Another Fitz Success Story

glasater

I meant this page:
Fitz In Chicago

lurker9876

Is this how Fitz tries his cases?

Lordy, lordy...

As Mark pointed out, one has to absolutely hate Conrad Black.

I suppose there are enough that absolutely hates Libby.

Sure sounds very familiar.

chch16

Scootie may not be done from prison. There is a ton of precedent to put his ass in jail.

Fitz or Congress can haul scootie's ass in immediately, force immunity on him, and throw him in prison for refusing to answer questions right now.

It's called immunizing him for all you amatuers with stream of consciousness legal babbling that has nothing to do with how the legal system works.

Fitz can call him in today. Fitz can get a new grand jury or his old one. He can "immunize Scootie." This means that if Scootie refuses to talk, he goes to jail for the term of the grand jury--it can be 18 months. It was done to McDougal, it was done to a blogger recently who had information on who wouldn't turn over a video with info on vandalization of a police car:

Blogger held in contempt and spends 226 days in jail

or Congress could hold him in contempt in the same way.

And Republicans don't have the Committee control to stop this in Senate or House Judy. You see girls and boys, the country had had enough and voted them out in 2006.

Are there Republican bloggers and columnists who are leaders who don't feel lockstep with the 26% base?

You betcha.

Pat Buchanan's column today not on line yet that I can find is highly critical of Bush stepping in.

WaPo's conservative editorial page, usually "whatever we can do to support this admin" has this editorial:

Too Much Mercy
Scooter Libby's prison sentence was excessive, but so is President Bush's commutation.

Tuesday, July 3, 2007; A14

IN COMMUTING I. Lewis Libby's prison sentence yesterday, President Bush took the advice of, among others, William Otis, a former federal prosecutor who wrote on the opposite page last month that Mr. Libby should neither be pardoned nor sent to prison. We agree that a pardon would have been inappropriate and that the prison sentence of 30 months was excessive. But reducing the sentence to no prison time at all, as Mr. Bush did -- to probation and a large fine -- is not defensible.

Mr. Libby was convicted in March on charges of perjury, making false statements and obstruction of justice. Vice President Cheney's former chief of staff had told the FBI and a grand jury that he had not leaked the identity of CIA employee Valerie Plame to journalists, but after hearing abundant testimony and carefully deliberating, a jury concluded that he lied. As we wrote at the time of the conviction, lying under oath is unacceptable for anyone, and particularly for a government official. As Mr. Bush said in his statement yesterday, "our entire system of justice relies on people telling the truth. And if a person does not tell the truth, particularly if he serves in government and holds the public trust, he must be held accountable."

Yet there were mitigating factors in this case. After two years of investigation, special prosecutor Patrick J. Fitzgerald charged no one with a crime for leaking Ms. Plame's name; he never demonstrated that a crime occurred. Early on, the prosecutor had learned that the primary source of the disclosure to columnist Robert D. Novak was then-Deputy Secretary of State Richard L. Armitage, who was not charged. Mr. Libby's trial provided convincing evidence that the revelation of Ms. Plame's identity was not the result of a conspiracy to punish her husband, administration critic Joseph C. Wilson IV -- the allegation that caused all the partisan furor surrounding the case and that led to Mr. Fitzgerald's appointment. Advocates for clemency point to President Bill Clinton, who lied under oath but was not removed from office or put in jail, and to Mr. Clinton's former national security adviser, Samuel R. "Sandy" Berger, who lied to investigators about sneaking documents from the National Archives but who also received no jail time.

Add to that Mr. Libby's long and distinguished record of public service, and we sympathize with Mr. Bush's conclusion "that the prison sentence given to Mr. Libby is excessive." The probation office, as the president noted, recommended less time -- 15 to 21 months. But Mr. Bush, while claiming to "respect the jury's verdict," failed to explain why he moved from "excessive" to zero. It's true that the felony conviction that remains in place, the $250,000 fine and the reputational damage are far from trivial. But so is lying to a grand jury. To commute the entire prison sentence sends the wrong message about the seriousness of that offense.


Empty wheel (Marcy Wheeler) has these questions that can be asked for openers:

Did Bush ask Libby to take the lead in responding to Wilson's allegations on June 9, 2003? How did Libby learn of Bush's concerns about the allegations? What did Bush say to Libby? Is this conversation why Vice President Cheney, in October of the same year, effectively said that the President had asked Libby to stick his neck in a meat grinder?

What classified documents did Cheney see when he was at the CIA researching Wilson's trip? Were any of those documents written by Valerie Plame? If so, did those documents identify Plame by pseudonym or cryptonym, making it clear that Plame was covert?

Did Bush unilaterally declassify Valerie Plame's covert identity and the CIA report on Wilson's trip? Did Cheney ask him to specifically?

What did Cheney and Libby mean when they told Craig Schmall, on July 14, 2003, that Bob Novak's column outing Valerie Plame "wasn't his problem"? Did they know, already at that point, that it was somebody's problem?

When and where did Libby tell Cheney that he was going to testify to the FBI that he had forgotten Plame's identity until he learned it anew from Tim Russert? Did Cheney help Libby concoct that atrociously bad story?

Have Cheney and Libby ever discussed ensuring that Libby would avoid jail time? Cheney issue his statement on Libby's sentencing from his personal lawyer's office. Did he do so to ensure that he could issue a statement making a clear call for pardon or commutation, while hiding the discussions he had behind Attorney-Client privilege?

Republicans who have a knack for going to prison while serving in the Congress or the White house have gone to prison for the exact same convictions as Libby has:

Can you say Haldeman, Erlichman, and Attorney General John Mitchell?

They all went to jail in Watergate for perjury and obstruction.


chch16

Appellate Briefs now being written are already reflecting the Libby commutation and citing it in high profile and low profile cases.

Siegelman Lawyers Want Libby Treatment

(This is in the case where the prosecution is being investigated)

If 30 months of prison time was too stiff a sentence for Scooter Libby, then seven years is far too long for former Gov. Don Siegelman (D-AL), according to one of his lawyers.

Montgomery-based attorney Susan James, who handled Siegelman's sentencing hearing, predicts that President Bush's decision to commute Libby's sentence will be referenced in briefs across the country soon -- including her own.

"[Bush] has basically come in and said the sentence is too harsh," James said. "I'll find some way to weave that into our argument."

Siegelman was convicted on corruption charges stemming from appointing a healthcare CEO, Robert Scrushy, to a public board. Like Libby, he was also convicted of obstruction of justice charges, which were related to a $9,000 motorcycle transaction. But unlike Libby, who was give six to eight weeks to report to jail, Siegelman was taken into custody immediately after the judge announced his sentence. Before the commutation announcement this evening, Siegelman's lawyers had argued that he should have been allowed to remain free while awaiting his appeal.

"He doesn't want to be treated like Paris Hilton, but he does want to be treated fairly like Scooter Libby," said another one of Siegelman's lawyers, Vince Kilborn.

Siegelman's lawyers plan to argue before the 11th Circuit Court of Appeals that his sentence violated his right to a jury trial because the judge took into consideration charges on which he was acquitted. Federal judges have been allowed to consider material from acquitted charges since 1997, though that was before a 2005 Supreme Court decision that made federal sentencing guidelines advisory. Siegelman's lawyers said there are questions there to be worked out still.

Siegelman has maintained throughout his trial that his prosecution has been politically motivated. An affidavit signed by a Republican lawyer has supported this claim by implicating White House strategist Karl Rove as having a hand in the case. The affidavit has not been entered into evidence so far in the case, and will not be part of the appeal, James said. But it may be included as evidence for a new trial or in a habeas petition.

SunnyDay

Is there a real blog dedicated to the career of Patrick Fitzgerald?

Seems to me there is much to celebrate and/or discuss - he has prosecuted and convicted some very high profile cases using unique techniques.

chch16

Since Fitz's office happens to be prosecuting Conrad Black or anyone else, the JOM locksteppers are against that prosecution right?

But it's fine for Gonzales DOJ to have been nailed statisticlaly prosecuting Democrats 4:1 or trying to by Stanford Law Review right?

Interestingly the focus on democratic convictions have not produced few indictments and few convictions, but Republicans who were in high office in the Bush administration are in a parade moving towards 40 key people who are convicted and in prison or on their way.

chch16

Is there a blog about Patrick Fitzgerald was Sunny's question?

From the Desk of Patrick Fitzgerald

This blog is not written by Patrick Fitzgerald.

PeterUK.

Marcy Wheeler is the author of Anatomy of Deceit, a short primer on the pre-war intelligence and the CIA Leak. She blogs under the name "emptywheel" at The Next Hurrah and live-blogged the Scooter Libby trial. She has a PhD from University of Michigan relating to politics and journalism. Marcy lives in Michigan, where she works as a business consultant.

Business consultant,Right!

RichatUF

RichatUF



boris

Italiacto!

RichatUF

chch16

July 3, 2007
Editorial
Soft on Crime
When he was running for president, George W. Bush loved to contrast his law-abiding morality with that of President Clinton, who was charged with perjury and acquitted. For Mr. Bush, the candidate, “politics, after a time of tarnished ideals, can be higher and better.”

Not so for Mr. Bush, the president. Judging from his decision yesterday to commute the 30-month sentence of I. Lewis Libby Jr. — who was charged with perjury and convicted — untarnished ideals are less of a priority than protecting the secrets of his inner circle and mollifying the tiny slice of right-wing Americans left in his political base.

Mr. Libby was convicted of lying to federal agents investigating the leak of the name of a covert C.I.A. operative, Valerie Wilson. Mrs. Wilson’s husband, Joseph Wilson, was asked to investigate a central claim in Mr. Bush’s drive to war with Iraq — whether Iraq tried to purchase uranium from Africa. Mr. Wilson concluded that Iraq had not done that and had the temerity to share those conclusions with the American public.

It seems clear from the record that Vice President Dick Cheney organized a campaign to discredit Mr. Wilson. And Mr. Libby, who was Mr. Cheney’s chief of staff, was willing to lie to protect his boss.

That made Mr. Libby the darling of the right, which demanded that Mr. Bush pardon him. Those same Republicans have been rebelling against Mr. Bush, most recently on immigration reform, while Democrats in Congress have pursued an investigation into whether Mr. Bush and Mr. Cheney lied about Iraq’s weapons programs.

All of this put immense pressure on the president to do something before Mr. Libby went to jail. But none of it was justification for the baldly political act of commuting his sentence.

Mr. Bush’s assertion that he respected the verdict but considered the sentence excessive only underscored the way this president is tough on crime when it’s committed by common folk. As governor of Texas, he was infamous for joking about the impending execution of Karla Faye Tucker, a killer who became a born-again Christian on death row. As president, he has repeatedly put himself and those on his team, especially Mr. Cheney, above the law.

Within minutes of the Libby announcement, the same Republican commentators who fulminated when Paris Hilton got a few days knocked off her time in a county lockup were parroting Mr. Bush’s contention that a fine, probation and reputation damage were “harsh punishment” enough for Mr. Libby.

Presidents have the power to grant clemency and pardons. But in this case, Mr. Bush did not sound like a leader making tough decisions about justice. He sounded like a man worried about what a former loyalist might say when actually staring into a prison cell.

boris

Rich ... idiot choochoo uses <em>

hoosierhoops

So I have a question:
We know Scotter has to pay a 250,000 dollar fine..
And if, at the end of Bush's term he receives a full pardon..
Then does he get his 250 grand back?
Personally i'd just pay a hundred bucks a month on the fine..( if i remembered each month to send the check )
The Fun part is watching jow wilson's head melt..he needs to go back and reread his statement he released after the verdict..
How does that ole ego feel now Joe?

SunnyDay

Well I see we have another chacha day. laters.

PeterUK.

"Well I see we have another chacha day. laters"

SunnyDay,the two hs in chacha are redundant.

RichatUF

tsk9 from 2:01 am

I link you decide

chch16's JOM comment

graf-

The psychotic who has the delusion LOL sockpuppets exist when their aren't deserves his delusions just as apathetic americans get the democracy they deserve. Glen Greewald now blogging is very good and I know all of you will want to buy several copies of his new book on how Bush has ruined this country and he's blogging at Salon now. Truthout is convenient for its links and it's ownly semi-interesting that many of you are so paranoid. It's pathtecially funny how a few of you project not only issue positions but that someone is coming from Leopold or Greenwald or whomever. I knew Greenwald because I know Slate, and Salon and his books and in other ways when he was an attorney in NYC but I never really heard of Leopold's name until some of the paranoid personalities here kept invoking it. His site is useful. You don't like it because it's yet another source showing how this adminstration lies.

It's plagerizing Wikipedia entries as well. Can't figure out the obsession with Thompson and Rachel Paulose (here and here )

RichatUF

PeterUK.

"i knew Greenwald because I know Slate, and Salon and his books and in other ways when he was an attorney in NYC"

Is that "knew" in the Biblical sense?

gmax

What say you all we go for some nationalized health care? Seriously, why not we can get insurance for the uninsured ( whether they would choose or already had chosen for themselves ) and start the rationing process so that long waits and lines form for certain procedure. So we can have the Government come up with rules on who gets what and when!

Further we can also hold down compensation dramatically such that bright folks who might otherwise choose medicine will choose something else, and we will be able to increase diversity by importing doctors from "Asian" locations.

It sounds so perfectly progressive!! HILARY!

Other Tom

Good mornin', all! I greet the new day with an unbridled joy. The task now will be to comb the Moonbat sites, trying to cull out the best among the many fabulist scenarios.

How about a John-Dean-style conspiracy indictment, alleging that Libby actually sought out the commutation, thus ensnaring Bush, Cheney and others in his criminal scheme? I've got a particular soft spot in my heart for that one, and can barely write about it without grinning from ear to ear.

There's always the hope that Fitz, enraged by Bush's action, will return to the grand jury to exact his revenge by seeking indictments of Cheney and Rove. I'm awfully fond of that one, too.

I think we ought to commission a Keep Hope Alive Trophy for the biggest howler among them. I hereby solicity additional entries.

chch16

Hoosier hoops you're naive:

Defendants convicted don't have a choice of how to configure the installment. That's up to the judge and most of them have their resources exhaustd by the end of a trial.

They don't have rich white Republicans raising 7 million dollars to fund fines and appeals like Scootie does.

If you didn't remember to send a check whatever your fine was, the probation office would promptly haul your ass before the judge and you would be remanded to serve out the rest of your probation term.

This happens every day in Indianapolis and other Hoosier federal courts. Welcome to the law Hoops.

As to the paranoid kids who can't discuss anything but how they're worried about chch--I'm not plagerising wikipedia. Those facts are available widely.

And if I quote an editorial or a blog I reference the source without fail.

If I don't, I write it and you don't like it because you can't refute any of it so you're reduced like 5 year olds again to calling names LOL like the ignorrant little turkeys you'll remain all your lives.

You need to learn the meaning of obsession. The definition is not that someone makes a point.

Palouse is a discraced prosecutor with no experience and 4 veterans resigned to stop working for her--and cited her stupidity and waltzing around the office quoting the bible. She has no prior litigation experience, and is best friends with the resigned Twit Monica Goodling who graduated from the shittiest law school in the country and whose only experience as brought out by her testimony in questioning from Senator Feinstein was to have worked as a republican political gofer. Goodling hadn't even prosecuted a traffic ticket in a municipal court let alone litigated in federal court. Her introduction to litigation was when Brad Berenson former White House Counsel defended her as she was hauled before Senate Judiciary, granted immunity, and said she didn't remember dressing herself that morning.

"Obsessed with Thompson"--lol you fools. Thompson is being discussed widely because he was a lobbyist who made his mone after the Senate and before the Senate via access to Frist for Tobacco companies, Aristide, etc.

He is too scared to run.

He is purported to lead Romney in the polls, and this is common, until he runs and actually has to stake out positions--which he lol has failed to do to date.

Time is growing short for Thompson. If Bloomberg runs as a third party it will hurt any Republican front runner.

There is serious talk that Bloomberg could be a democratic (switch again) VP candidate. I doubt this will take place.

I notice in consistent paranoid ignorant response fashion, your attacks on Marcy Wheeler are the usual "We don't like her" rather than to tackle the questions she poses (that could be asked Libby with immunity forced on him now) and if he fails to answer, he can be thrown in prison for up to about 18 months.

Libby remains convicted.
His fine will be paid by the committee who raised moeny for him. He has his law licenses suspended and he will be disbarred.

He remains the highest ranking White House Official to be convicted in the history of the U.S. leading a pack of Republicans in this administration to conviction and a prison sentence. Libby was commuted but he can certainly be thrown in jail for contempt by Congress or Fitz.

The conga line of Republicans headed for prison in this administration have not been commuted by Bush who had the commutation drug out of him by Cheney and his base without any regard to its impact on future elections.

chch16

You continue to make a fool of yourself idiot in the UK.

Are you applying every reference the vocabularly anemic Clarice makes or anyone else as knowing in the biblical sense or just making a reference. You know you could be 3 years old instead of 5 with mommy typing for you.

There aren't many sixth graders who would make the stupid jokes you do.

chch16

Gmax what you know about medicine and the choices for this country could be put in a thimble.

Poppy

chch16: ""It's called immunizing him for all you amatuers with stream of consciousness legal babbling""""

So let me get this straight, Congress and Fitz who just screamed bloody murder that Bush commuted Libby's sentence are now going to turn around and give Libby immunity for all of his crimes....

Ha, that's a laugh and a half chch16.

You know Fitz only gives immunity and let's go those that actually committed the crimes he was investigating. (see Fliescher, Armitage)

Poppy

chch16, the left would have SOME credibility on this issue, but they threw it away by supporting every Clinton pardon of terrorists, the pardon of Mark Rich, who hadn't even been convicted yet, but Cliton needed the cash for his Library and all of his obstructions and lying regarding his covering up his abuse of the hired help.

You all have ZERO credfibility to talk about ethics when we lived thrown Clintons:

Firing all US attorneys to save Rosty and himslef.

the pardoning of child rapists like Mel Reynolds, etc.

The asain fundraising coffeess,

The rape, sexual assault and harrassment

Whitewater coverup

Obstruction by hiding the billing records.

The pardoning of terrorists

The slaughter of Americans at Waco

The assault weapon weilding attack on a house in Florida to take Elian Gonzalez back to Fidel

The no-warrant searches of American homes.

etc. etc.

Semanticleo

"I hereby solicity additional entries."

Drunk at 7 am? That sounds more
guilty conscience than celebratory.

Could I have misjudged your subconscious?

Bill in AZ

SunnyDay, I don't know of a blog on Fitzgerald, but I suspect he could fill a couple of psychoanalyst books on his unique theories of fighting crime. His main theory appears to be that if all crime victims are behind bars, then crime perpetrators will have no choice but to turn to honest work. Must be taught in some advanced Marxist criminal justice course in one of our fine progressive universities.

Fitz - fighting crime one victim at a time.

RichatUF

As to the paranoid kids who can't discuss anything but how they're worried about chch--I'm not plagerising wikipedia. Those facts are available widely.
another chch16 classic
It's plagerism

I link you decide

mefolkes

chch16 seems obsessed with Rachel Paulose. Follow the link and read about who she really is. http://www.powerlineblog.com/archives/017734.php
You will find that the truth is quite different than the allegations he has made.

Other Tom

"Could I have misjudged your subconscious?" Well, er, uh, I guess maybe you could have. How would we know?

As Howard Cosell would say, it's ovah! The Fitzgerald investigation is ovah! It's going to sink in very slowly, and very hard, but in the fullness of time the Moonbats will come to grips with the fact that they had their Fitzmas, and it was a far greater dud than any of them ever dared imagine. No 22 indictments. No Cheney. No Rove. No frog-march. No nothing.

Other Tom

I have a hunch that Libby will go ahead with the appeal. I say that only because I think I would if I were in his shoes. His appellate brief is 90% written, so he may as well hang around and see if he catches a good panel--Janice Rogers Brown, Brett Kavanaugh and a player to be name later, for example.

And it might make his book deals and appearance fees even more lucrative.

birdseye

What's the next step? This appeal was meant to keep Libby away from jail during the appeal process and it has been turned down 3-0. In the process the three applets have ruled nothing is close so, in essence, the next step is direct to the Supreme Court. Is this correct?

I believe Bush did the right thing commuting Libby's sentence. It was excessive, given the fact that there was no underlying crime and the real leaker was given a walk. Democrats should let this go. After all, Berger was fined only 50k for stealing classified papers and destroying them and Bush's brother(s)-in-law did not receive a dime.

chch, I hope you can come to terms with this.

Rick Ballard

"This decision to commute the sentence of a man who compromised our national security cements the legacy of an Administration characterized by a politics of cynicism and division, one that has consistently placed itself and its ideology above the law. This is exactly the kind of politics we must change so we can begin restoring the American people’s faith in a government that puts the country’s progress ahead of the bitter partisanship of recent years.”

That's got to hold up as an Oblabber classic. Obviously the Dems are shooting for government of the stupid, by the stupid and for the stupid - with an empty suit topped by an empty head leading the way.

Did Rezko know how stupid Obama was when he rented him?

windansea

satellite TV $35 per month
DSL Internet $25 per month

watching lefties explode on CNN and reading their blogs....priceless

Other Tom

"... he can certainly be thrown in jail for contempt by Congress."

Hear that, folks? A new congressional power has been discovered, unknown for lo these past 220 years.

On the day that Scooter Libby enters jail, I will scale the Eiffel Tower and leap into flight, soaring over the French countryside singing whatever turns out to be Hillary's campaign song.

clarice

OT, That was John Dean's all time finest, and that's saying something.

I loved the way the President went out of his way to be nice to Fitz and tin ear Javert hit back at him. (JPod says the Pres said nice things because otherwise people would say why not remove him from his US Atty position and, if he did, the moonbats would have really gone into orbit.

Rick Ballard

OT,

Wouldn't the same three applets get the Libby appeal as a "related matter"? I was kind of looking forward to another Tatel opinion. Watching him suck up is kind of special...

Other Tom

Birdseye, I'm not sure Libby could get the Supremes to hear an appeal of the matter just decided, but in any event I think it is extremely unlikely he will try.

His appeal has not yet been heard. All that he appealed was the order denying him bail pending the appeal. The appeal itself will take something on the order of eighteen months, and will be heard by a different three-judge panel. I'm not sure he'll puruse it, since he's now a permanently free man, but as I said above I think if I were in his shoes I would do so.

cboldt

-- I have a hunch that Libby will go ahead with the appeal. --

I'm sure he will, and as you note, a respectable argument has already been prepared. But the "urgency" of obtaining a reversal has been substantially muted by the commutation of the sentence.

RichatUF

Rick-

Did Rezko know how stupid Obama was when he rented him?

Or realize how devious the Hillary! campaign would be. I'm sure when it's all said and done Obama will be looking forward to retirement.

RichatUF

clarice

An excellent point made by a Lucianne poster:
"It's ironic - in a sleazy, hypocriticaly kind of way - that, during the consideration of the immigration bill, with its supposedly "tough" enforcement provisions, we were treated to a barrage of human interest stories about families torn asunder, and other such human tragedies. The common thread in these stories was how detention and removal of lawbreakers destroys all that makes life worth living for these innocent hardworking families.

Simultaneously, we see the spectacle of bloodthirsty barbarians, otherwise known as democrats, screaming for the head of a man who truly is innocent of wrongdoing, who broke no law, demanding that his family be ripped apart by his imprisonment and financial bankruptcy as he tries to pay find and legal fees.

Ah, the humanity. "

RogerA

I just love it--The president once again sticks it to the liberals. Howls of anguish and outrage; shredding the constitution; rule of law, yada yada yada. And these self same impotent liberals who now control congress apparently can't muster up the political courage to impeach the President. You liberals just keep howlingm, bending over, spread those cheeks and smile as the President administers yet another suppository. Millions and millions of moonbats will lose another night of sleep thanks to our beloved president.

If you feel the need to do something positive, you could always go to Darfur and become human shields for darfurians against the janjuweed. Should satisfy that impulse to help your fellow man.

Semanticleo

"How would we know?"

Well, hopefully you would recognize pangs of conscience. Then we both would know. As it is; "how would we know?:

'The unexamined life is not worth living"

Socrates

Rick Ballard

'The unexamined life is not worth living"

Uh oh. Now Tic is making suicide threats.

boris

'The unexamined life is not worth living"

I'll take your word since you should know.

Semanticleo

I am not suggesting suicide for anyone, Marmalard. But OT might be attempting the slo-mo version via his poison of choice.
(not hemlock)

PeterUK.

"The unexamined life is not worth living".

The unlived life is not worth examining.


PeterUK

cboldt

Yes - I'm aware that I changed my prediction or position from "why bother with an appeal" to "Libby probably will." That way, no matter which way he goes, I can be both wrong, and right.

Taking the appeal will most likely result in "legitimizing" (more judges agree the process wasn't unfair) and making the verdict final, as well as settling the question of Fitzgerald appointment -- these are the downside risks I see to Libby.

Not taking it leaves those issues "on the table," in a sense. "I would have won if I'd have appealed. The trial was unfair and I'm innocent. But I ran out of time/money/energy and I've decided it's less painful to take the wrongful punishment than it is to take this fight further."

Jane

Yesterday I was all gung ho about an appeal. Today, not so much. Get the whole thing behind him. It's not like he won't be in demand and very employable in DC.

It's not fun to live with this, but I don't trust anyone in DC to do the right thing either.

gmax

Just out on the wire from AP with a Matt Apuzzo byline:


The White House on Tuesday declined to rule out the possibility of an eventual pardon for former vice presidential aide I. Lewis "Scooter" Libby. But spokesman Tony Snow said, for now, President Bush is satisfied with his decision to commute Libby's 2 1/2-year prison sentence.

Is that wailing, gnashing and hair rending that I hear to the left of me?

Sue

You and I. The song. But I'll be happy to join you in your flight and songfest.

Sue

Well, for some reason my paste of Other Tom's mention of the Hillary! campaign song got lost. But that is what the above is reference to. I didn't just lose it. Really.

windansea

Libby & Wilson [Jonah Goldberg]

On the merits I think Bush probably got it about right. On the politics, I think Bush would have been smarter to give Libby an outright pardon. But, having just watched Joe Wilson sputter in pompous rage on the Today Show, I'm tempted to argue that Bush should have used eminent domain to take Wilson's convertible Jaguar and give it to Scooter Libby.

boris

The trial was unfair and I'm innocent.

One thing plamaniacs didn't get from the show trial was Libby's side of "as if for the first time". It may not be relevant to an appeal but it could well be a factor in the decision to go for one.

clarice

windansea--you beat me to it. I loved that blog.

Am I the only one who thought Fitz' response to the commutation statement was petty, especially as the Pres went out of his way to make nice to Fitz?

Someone ought to remind him what happened to Savonarola in the end.

gmax

I wonder why Britain has a fast track visa system to get physicians into the country much quicker than the normal process? Could it be that the national health care system has created major disincentives for people to choose medicine as their profession? Want to put the government in charge given their fine record on border crossings and visa changes?

SunnyDay

MSNBC has been amusing - Conyers plans to hold hearings. There is talk of granting Libby 5th amendment right and NOW they can get Cheney.

May I suggest this was planned? So subtle.


Too bad Libby plans to continue his appeal, that puts all hearings on hold, right??

Other Tom

I think, as a political matter, that Bill Clinton pretty well cleared the field of all obstacles, pardon-wise. Hillary would be wise to utter a few indignant remarks and then let this one slide. Comparisons of the commutation of Libby's sentence and the outright pardon of terrorists and a fugitive will not be welcome at all, and they will be inevitable if she makes a big deal of it.

There are also the inconvenient convictions of a cabinet officer (Henry Cisneros) and the number three man at Justice (Webster Hubbell), who actually spent some time making little rocks out of big rocks. And the Hazel O'Leary scandal. And...

Sue

Why on earth would Libby change his story now? It will be hilarious to see Libby telling the same story in front of Conyers, over and over and over. What are they gonna do? Call him a liar? Been there...

Other Tom

Interesting issue about Libby and the congress. If I were in his position and a committee of congress called me to testify, as long as my appeal was pending I wouldn't answer a single question until an appellate court told me I had to, or until somebody showed me some pretty ironclad law to the effect that I could be compelled to talk. I don't think any immunity the congress can grant would be sufficient in this circumstance, although I must say I can't recall this issue being presented in the past.

Sue

But what exactly did he not answer during the grand jury proceeding? Why would he change his story now? I sure as hell wouldn't if I had gone this far.

RichatUF

SunnyDay-

Conyers plans to hold hearings

Great, more of the Conyers CREW Clown Show. Libby still has to contend with the civil suit as well; haven't heard much about that recently

RichatUF

clarice

Beldar has a good piece up on why the judge should not have enhanced Libby's sentence. Short version:There is no way anything he did actually obstructed the investigation of a crime.
He also agrees that Fitz was unwise to be critical of the Pres's remarks on the excessive nature of the sentence.

clarice

Rich, Surveys show few people know or care about this case. If Conyers et al want to continue to sink in the polls, they should continue this CREW'd Mickey Mouse stuff.

Sue
The use immunity statute (18 U.S.C. § 6002) allows the government to prosecute the witness using evidence obtained independently of the witness's immunized testimony. Section 6002 provides:

[N]o testimony or other information compelled under the order (or any information directly or indirectly derived from such testimony or other information) may be used against the witness in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order.

The Supreme Court upheld the statute in Kastigar v. United States, 406 U.S. 441 (1972). In so doing, the Court underscored the prohibition against the government's derivative use of immunized testimony in a prosecution of the witness. The Court reaffirmed the burden of proof that, under Murphy v. Waterfront Commission, 378 U.S. 52 (1964), must be borne by the government to establish that its evidence is based on independent, legitimate sources:

This burden of proof, which we affirm as appropriate, is not limited to a negation of taint; rather, it imposes on the prosecution the affirmative duty to prove that the evidence it proposes to use is derived from a legitimate source wholly independent of the compelled testimony.

Kastigar, supra, at 460.

I get it now. They are going to claim he is lying by telling the same story and do what? Charge him again?

Jane

Conyers is such a joke. I can't imagine anyone, even on the left thinking anything else. Boy if we thought the republicans were screw-ups, the dems make us look downright brilliant.

Sue

"It is beyond unthinkable that the president would undermine the legal process to protect a man who engaged in treason against the United States government, threatening the security of the American people," said Jackson, D-Ill.

This is what Fitzgerald has brought us to. With help from Powell, Armitage, Wilson and Plame.

Jeff Dobbs

Wish you were here.

Love,
hit and run

[VIMH: That's it? No comment on the commutation?]
I woke up this morning to glad tidings of great joy.

clarice

With that, you are pushing your luck with me, Hit. I may switch affections elsewhere.

Sue

Wish you were here.

Me too. Instead of here. Enjoy!

Pal2Pal (Sara)

LOL

Libby & Wilson [Jonah Goldberg]

On the merits I think Bush probably got it about right. On the politics, I think Bush would have been smarter to give Libby an outright pardon. But, having just watched Joe Wilson sputter in pompous rage on the Today Show, I'm tempted to argue that Bush should have used eminent domain to take Wilson's convertible Jaguar and give it to Scooter Libby.

Jane

You know I'm a little surprised at how much attention this commutation is getting on TV and in the blogs. Yesterday no one even cared that the appeal had been denied, today everyone is spending all day on it.

Pal2Pal (Sara)

The President just said in very blunt terms that he is neither ruling in nor ruling out a future pardon.

Syl

::waving::

Haven't been able to post. Hope this works.

Sue

Syl!!!! I was just thinking about you yesterday. I was going to try an email you today. I thought you up!

SunnyDay

Where is Fitzgerald's statement? Darned if I can find it.

PMII

It's a 2 fer if Bush pardons him later, I really enjoy the exploding heads...........

windansea

British intelligence services increasingly believe that the failed car bombings in London and Glasgow bare the fingerprints of al Qaeda in Iraq, CBS News has learned.
Intelligence sources tell CBS News that the people behind the attempts were directly recruited by Abu Hamza al-Muhajir, the present leader of the terror group's Iraq franchise. ...

Sources tell CBS News that al-Muhajir recruited the men between 2004 and 2005, while they were living in the Middle East, upon orders from then-al Qaeda in Iraq leader Abu Musab al-Zarqawi.

Al-Muhajir was told to recruit young men who could easily move into Western countries, assimilate and lay low until the time came to attack. Britain has a fast-track visa program for medical students which makes it easier for them to enter the country.

JJ

Making a prediction that tonight's Comment from Olberworld is going to shoot MSNBC straight off the cliff into an area of deep journalistic ocean that it has never been in before.

Pal2Pal (Sara)

Just before I went to bed, I posted a link titled A Decision Made Largely Alone which in my mind puts the lie to all the dem claims of droves of people influencing GWB's decision.

Frankly, I do not understand the need of so many Americans, of both parties, to put people in jail. Jail is for protecting us from the bad guys. And the idea that a quarter million dollars isn't punishment is crazy. And just what are the conditions of probation? Get a little Nazi probation officer (and they are all puffed up with their own importance within their fiefdoms) and you get violated instantly. I used to hire work release inmates for part time work and so many told me they would rather serve their time (for nonviolent offenses, mostly white collar stuff) than have to deal with probation for years and years.

boris

Haven't been able to post.

Me neither. Have to use my wife's running Mozilla. Dunno if my IE workstation did some kind of MS upgrade that changed or the site did. Do know that displaying <i> has changed here recently.

JJ

Oh, and to do the James Thurber thing in anticipation of Comment a la Olberworld:

GET READY! GET READY! THE WORLD IS COMING TO AN END!

Pal2Pal (Sara)

Typepad has just undergone a major switch to new servers which caused some of the disruption we experienced last week. I have my Typepad blog virtually inactive right now as I devote my time to another blog, but I got two notices from Six Apart about problems transferring some entries in my sidebars. The Fighting Keyboardists blogroll has caused some real SNAFUs.

Syl

Sue

I thought you up!

::grin::

Now think me up a new pair of shoes please!

Pal2Pal (Sara)

Some of you real experts should go over to
this post and let Orin Kerr know how foolish he sounds.

The comments to this entry are closed.

Wilson/Plame