Newsweek: Libby's Pardon Problem, He Doesn't Qualify

[Rose Siding]

...But there’s one significant roadblock on the path to Libby’s salvation: Vice President Dick Cheney’s former chief of staff does not qualify to even be considered for a presidential pardon under Justice Department guidelines.

From the day he took office, Bush seems to have followed those guidelines religiously....

Those regulations, which are discussed on the Justice Department Web site at www.usdoj.gov/pardon, would seem to make a Libby pardon a nonstarter in George W. Bush’s White House. They “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,” according to the Justice Web site.

...Bush himself publicly reaffirmed his determination to stick to the Justice pardon guidelines as recently as last month....

But for now, one intriguing clue as to White House thinking came from a well-known Washington lobbyist and White House ally who was steering reporters away from the pardon idea this week. “The guidance I get is Libby doesn’t qualify under the guidelines,” the lobbyist, who asked not to be identified talking about sensitive matters, told a reporter in a TV “green room” this week. The lobbyist wouldn’t say who provided the guidance. But the fine print of the Justice Department guidelines may prove the toughest barrier for Libby to overcome.

http://www.msnbc.msn.com/id/17507199/site/newsweek/

[madinmaryland]

1. These are "guidelines". When has this gang ever followed guidelines?

:shrug:

[rock]

21. "guidelines"

That's like a non-binding resolution, I guess.

[madinmaryland]

26. I suppose we should have Joe Lieberman weigh in on this issue.

:grr:

[Demeter]

2. What a Delicious Dilemma!

If Libby had any brains, he'd starting singing like a canary (but if he had any brains, he would never had started with BushCo, let alone leaked like a broken water main!)

[emulatorloo]

4. Hope Mrs. Libby saw that article -- she seems pretty sad/mad right now.

I would not want my husband to go to prison for Dick Cheney.

[Fridays Child]

12. And isn't she a prominent Democrat, anyway?

Maybe she should try to flip her husband.

Fitz said that the matter was closed UNLESS significant new information comes to light. It's not too late for Libby to come clean and get a deal on his sentence, as many of his friends have, apparently, counseled him to do.

C'mon Scooter, you know that Dick and George aren't worth it. And just think how much better you'll feel when you expose their murderous crimes. You'll go from pariah to saint, overnight. You can write your memoirs; do speaking engagements; spend quality time with your kids (without steel bars between you and them); and you, the guy EVERYONE says is such a great person, will be vindicated.

But, most important of all, Scooter? you know it's the right thing to do.

[emulatorloo]

13. Fitz: "If his counsel or he wish to pursue any options, they can contact us."

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=353668&mesg_id=353668

<snip>

"Mr. Libby is like any other defendant," Fitzgerald told a reporter outside the E. Barrett Prettyman courthouse in Washington, D.C., who asked if he’d request a reduced sentence for Libby if he gave up new details in the case. "If his counsel or he wish to pursue any options, they can contact us."

<snip>

[Little Wing]

3. Bush sticks to guidelines like OJ sticks to the trail of the real killers

[Norquist Nemesis]

5. Did DOJ change the definition of Pardon as well?

"They “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,” according to the Justice Web site."

I guess I was mistaken as I had the impression that accepting a Pardon also means that the person accepts guilt. It relieves them of spending more time in prison, so what is the point of filing after release from confinement?

*confused*

[hughee99]

6. Really?

When did these guidelines get adopted? IIRC, Most of the presidents in recent memory have pardoned people who's legal troubles are less than 5 years old.

[rodeodance]

Bush belives in Punishment: Look at NCLB and his Death Penalty record.

[rodeodance]

9. Isikoff was on a Left talk Radio yesterday about this.

[AlinPA]

7. Look for a pardon on a Friday, no later than Good Friday this year.

[SheilaT]

8. My guess is that

Bush will wait a little while to make it look good, maybe even until December of next year. My husband keeps on saying that he things that Libby will sing like a canary rather than spend a long time in prison. Apparently even the jurors think he ought to be pardoned, which I don't quite get. Of course, if no one else is going to face the music over the whole Valerie Plame outing, why should Libby be the fall guy?

I also don't understand why everyone sings Patrick Fitzgerald's praises when all he can do is indict one person for lying to a grand jury, and the entire business about illegally outing a CIA agent is swept under the rug. The lesson learned here is once again these people can do absolutely anything they want to and get away with it.

And yeah, DOJ guidelines are meaningless. The president can pardon anyone at all that he wants to.

[emulatorloo]

11. Re the jurors -- Ted Wells did a good job of making Scooter "seem nice"

Sounds like that he earned his money at least in that one instance.

I had to laugh when Tweety said on last nights Hardball, paraphrasing -- "Gee I wish the 'nice' Scooter was the one who came after me in 2003." referring to when Cheney and Libby became obsessed w Hardball and call NBC to complain about how "unfair" Matthews was.

[rodeodance]

10. well folks------Jr did say he made a name for himself by being Compassionate.!!

[no_hypocrisy]

14. Nixon wasn't convicted and was pardoned within months of his resignation.

So, with precedent and the fact that * does whatever he wants (even if he contradicts himself), I say "Pardon me, please!"

[Rydz777]

15. Simple

It's a simple cost/benefit analysis. Bush weighs "breaking the guidelines" against Libby singing. Hasta la vista guidelines.

[GeorgeGist]

16. Newsweak is not a reliable source ...

of news or commentary.

[Morgana LaFey]

25. Yeah? Since when?

And what made you an authority on the subject?

[Peace Patriot]

17. The fly in the ointment for Bush/Cheney, of pardoning Libby, is that Libby would

then be free of the threat of further self-incrimination, on his past lies on behalf of the Junta, and Patrick Fitzgerald could then haul him back before a grand jury and extract the truth on pain of FUTURE perjury charges.

They can't pardon Libby for all FUTURE lying in their behalf--can they?

I would like to see them try: "I, Bush, pardon you for all the past lies you told on behalf of my Junta, and for all future lies you will ever tell on our behalf, ad infinitum."

Har-har.

And you will notice that Fitzgerald did not say that his investigation was "closed" (as some of the war profiteering corporate news monopolies inaccurately reported). He said it was on hold, pending any further evidence that might come his way. He has the power to take the matter back to any standing DC grand jury. He still has powers that exceed those of torture-memo writer and "alert the perps" AG Alberto Gonzales. (That's what I think "Sealed vs. Sealed" may be about--Fitz's hammer over Gonzales.) He has as much as said, in court, that this was a Cheney conspiracy. I expected him to issue a GJ report, naming Cheney--but he has apparently decided that it's Congressional business, at this point (impeachment), and is standing down, with a big red arrow pointed straight at the OVP (and a few wiggly ones pointed at Bush as well).

Anyway, with Libby pardoned on past lying, Libby has no excuse to continue lying--and if Fitz catches him in another one, he's going to jail for sure. That's why they can't pardon Libby. (I suppose they could give him $50 million, though, and a shack in Paraguay*--lots of stolen taxpayer booty around for important slush funds.)


-------------

*(However, you will notice that, despite the rumors of a 300,000-acre Bush Cartel "hideaway" in Paraguay, Bush is NOT going to visit Paraguay on his South American peasant-killing expedition. Big leftist (majorityist) movement in Paraguay, led by Catholic bishop Lugo, a very popular advocate of the poor, who has resigned his priestly office to run for president. Bush's options in South America are very limited. He's going to deliver big US taxpayer checks to the fascist paramilitaries in Colombia, Guatemala and Mexico, and is on a mission to stop advancement of a South American "'Common Market" by using "divide and conquer" tactics in Brazil and Uruguay. Brazil's president, Lula da Silva (former steelworker) and the leftist president of Uruguay, however, are meeting to resolve differences in anticipation of Bush's ill-intended visit, and are ready for him, I think. Bush cannot show his face in Paraguay, nor in Argentina, Bolivia, Ecuador, Venezuela, Chile or Nicaragua. And it will be interesting to see what reception is given to him by the people in the countries that he dares to visit. There are growing leftist (majorityist) movements in Guatemala and even in Colombia (both countries are currently being rocked by scandals about fascist paramilitary murders and drug-trafficking--Bush's pals), and there is a huge leftist movement in Mexico City and southern Mexico. In the '80s, Reagan & co. oversaw the slaughter of 200,000 Mayan indians in Guatemala (bordering Mexico). The Guatemalans and the Mexicans haven't forgotten, even if we have. (Or, are you like me, and most north Americans? --we never knew.)

[smoogatz]

18. Well. That's interesting. But IIRC, Ford pardoned Nixon preemptively,

before he'd even been indicted for anything--citing Nixon's health problems (phlebitis). So here's my predicition for what the WH is going to try to pull: Libby will try to cut a deal, offering information implicating Cheney in exchange for a reduced sentence. Cheney will resign for "health" reasons. Bush will pardon him pre-emptively, suggesting that it's wrong to hound a loyal public servant who's in fragile health. Ultimately, nobody goes to jail. The very grave risk for Bush: congress will hold up his choice to replace Cheney (which requires approval by both houses) while they ponder impeaching him.

[grytpype]

19. The president can pardon anyone he wants.

It's not up to the DOJ guidelines.

[patricia92243]

20. and as we know, if Bush says something - especially for HIM to follow guidelines - we can take it to

the bank :sarcasm:

[kestrel91316]

22. Bush is THE DECIDER. And if he decides he wants to pardon Libby,

he'll damned well go right ahead and do it. With a smirk on his face.

He's the boss of the Justice Department, remember. If he wants to disregard "guidelines" or throw them out altogether, all he has to do is say the word. No one would make a move to stop him, least of all Congress. Impeachment is off the table, remember?

[FredStembottom]

23. Guidelines, Schmidelines

This White House wipes their bottoms with such documents. While Democrats in the Senate get fits of the vapors and wonder if maybe someone, somewhere should kinda DO something about such behavior.

Libby is as good as free!

[Mabus]

24. Oh man, can you imagine Lou Dobbs crawling up Bush's wazoo every night?

In a Feb. 1 interview with Fox News anchor Neal Cavuto, Bush was asked about whether he would pardon Ignacio Ramos and Jose Compean, two former U.S. Border Patrol agents convicted of shooting a Mexican drug dealer who was fleeing across the border into Mexico. Their case has become a cause celebre for many conservatives and anti-immigrant activists who believe it symbolizes the federal government’s lack of aggressive enforcement of border controls. Fueled by CNN immigration critic Lou Dobbs and Colorado Republican Rep. Tom Tancredo, supporters of the two former agents have been flooding the White House with e-mails and phone calls seeking pardons for Ramos and Compean.

Bush’s response in Cavuto’s inquiry was telling. He repeatedly pointed to the Justice Department pardon process to explain how he would make his decision.

“You know, I get asked about pardons on a lot of different cases. And there’s a procedure in place,” he said at first. When Bush added that he has been telling members of Congress who have contacted him about the matter to “look at the facts in the case,” Cavuto followed up: “So what are you saying?”


“I’m saying … there is a process in any case for a president to make a pardon decisions. In other words, there is a series of steps that are followed, so that the pardon process is, you know, a rational process,” the president answered.


http://www.msnbc.msn.com/id/17507199/site/newsweek/page/2/ and http://www.msnbc.msn.com/id/17507199/site/newsweek/page/3/

[cassiepriam]

27. Duh. All they have to do is change the law to suit their purposes.