It’s a well-worn talking point for George W. Bush’s supporters to say there was no underlying crime beneath former White House aide I. Lewis Libby’s conviction for obstructing justice, a debatable point itself. But the evidence is clear there was a larger cover-up conspiracy – and it could still unravel.
The problem for prosecutors has been that the cover-up conspiracy involves the top two executive officers of the U.S. government, George W. Bush and Dick Cheney, meaning that the standards of proof required and concerns over the nation’s well-being if charges were brought have risen to near prohibitive levels.
Which is why the question of whether Libby will be sent off to jail to start serving his 20-month sentence before his appeals are exhausted is so consequential. While many Libby supporters are confident that President Bush will pardon Libby before leaving office, it is less clear that Bush will act before Election 2008.
That means if U.S. District Judge Reggie B. Walton orders Libby to start his jail term in July while his appeals proceed – as it now appears the judge will – Bush will be faced with the prospect of Libby serving more than half his sentence before November 2008 and a risk that Libby finally might cooperate with special prosecutor Patrick Fitzgerald.
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http://www.consortiumnews.com/2007/060607.html