The problem with a free Scooter
Comments (29)
Tuesday, July 3, 2007 | 05:18 PM ET
By Henry Champ
It's almost conventional wisdom here in Washington that no matter how controversial a decision, the person responsible has calculated all the costs and benefits and is, at the very least, making the best of a bad lot.
That's why the commutation of Lewis (Scooter) Libby's prison sentence by President George W. Bush appears to have puzzled most observers here. What's the upside for the White House?
It's said the president was appealing to his conservative base, that 20 per cent of voters who remain his biggest supporters.
For weeks they have been pressuring the president to pardon Libby, a very senior aide — first to Bush and then to Vice-President Dick Cheney — who was found guilty of lying to investigators over his role in the Valerie Plame affair. (She being the former CIA operative whose identity was leaked to the press apparently in a bid to get back at her outspoken diplomat husband.)
American conservatives wanted Bush to wipe clean Libby's conviction for obstruction of justice, and to get rid of the $250,000 fine and the two-year probation, all of which would allow Libby to practise law and get on with his life.
Bush's decision, however, dismisses the jail sentence but nothing else. And while it is possible a full pardon might come at a more convenient political time for Bush, such as when he is leaving office in a year and a half, the result today is still a very angry Republican base.
Conservatives are saying they are happy Libby is not going to jail, but the commutation falls far short of what his supporters were hoping for.
The decision isn't sitting well with many Republican stalwarts either, particularly those who will be seeking election in 2008.
Vin Weber, a Republican lobbyist and adviser to Republican presidential candidate Mitt Romney told the Washington Post he was puzzled by what has transpired: "We seem to have decided that we are going to prolong this thing as long as we can, which is to drag this thing into the presidential election. I don't understand why. I don't know what their thinking is. No Republican wants this issue to be alive in the next election."
What a jury decides
Weber is harking back to public opinion polls taken in March, which showed seven in 10 Americans were opposed to a pardon for Libby. A CNN poll last week raised the figure to 79 per cent. Of course, those polls were talking about a full pardon as opposed to a commutation of a portion of Libby's sentence.
As for the Democrats, they, too, were caught off guard by the decision but not how to deal with it.
Presidential hopeful Hillary Clinton, who was touring Iowa, talked of disrespect for the rule of law. John Conyers, the chairman of the House judiciary committee, says he will hold hearings on the commutation while Sen. Dick Durbin of Illinois summed-up the Democratic playbook this way:
"It really says to America that there are two different standards of justice here. If you happen to have connections at the highest levels in Washington then what a jury decides doesn't make a difference."
Why do it?
So what did the president win with his decision and why did he make it?
Well, the timing may have been forced on him a bit: a judge decided recently that Libby should start serving his sentence right away instead of after all his appeals had been exhausted.
But there are two broad theories on what the White House was trying to achieve. One is that Bush is a man of unswerving loyalty and values that as a presidential attribute.
If you are loyal to him he returns it in spades, and there were few more loyal lieutenants in the entire Bush White House than Libby who was an assistant to President Bush during his first term before transferring over to the vice-president's office, where he had special responsibility for national security affairs.
The flip side of this, mind you, is what the conspiracy theorists are putting forward: that the partial pardon has nothing to do with Libby per se, but everything to do with what he knows and what he might do with the knowledge gleaned in more than six years at the heart of the White House.
It's a position put forward by Democratic presidential candidate Bill Richardson. The New Mexico governor put it this way, "Will the president also commute the sentences of others who obstructed justice and lied to grand juries, or only those who act to protect President Bush and Vice-President Cheney?"
Pragmatism? You can decide.
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About the Author
Henry Champ is CBC Newsworld's correspondent in Washington, D.C., delivering Canadian viewers the latest developments in the U.S. political arena. Recently, he has been a leading Canadian voice on coverage of the war on terrorism, the war in Iraq and the growing concerns over the Canada-U.S. relationship.
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Comments (29)
frandsen
"no member of henry champ's family or for that matter his wife's family have ever been a member of or have worked for the democratic party....ed"
This is irrelevant.
If you don't like the message, crucify the messenger, even if you have to fantasize and prevaricate.
Posted July 23, 2007 01:23 PM
Marco Anglesio
I wondered how long it would take for someone to bring up Marc Rich - not long, obviously.
When Clinton pardoned Marc Rich for tax evasion, what he did was specifically waive the statute of limitations for repayment of taxes and penalties owing. Rich had to repay the evaded taxes in full before the pardon kicked in.
I understand that this little detail might not have received a lot of airtime on Fox, but I daresay that we can all personally do better.
Mr. Libby, on the other hand, doesn't appear to be nearly so busy with the business of making amends. I don't think that keeping his mouth shut qualifies, do any of you?
Posted July 15, 2007 07:54 AM
Chris
Alberta
Here is why he was pardoned:
1 - he did not leak her name
2 - A liberal activist in the state dept did
3 - The Plumes lied constantly and never got charged
Repeat - Libby did not leak her name and no conservative did. It was a liberal named Armitage in the state department who did.
Good for you Bush!
Posted July 12, 2007 10:20 PM
Stephane
Ottawa
The two name of the top players in the U.S administration says it all: Dick Cheney and George Bush. Read between the lines; the world is getting s....d up by these two clowns. Sorry for the vulgarity; but look at the state of the world since their vote in office. Illegal war, illegal wire tapping, cronyism , 3500+ dead soldiers, 60 dead Canadian soldiers, strong-armed tactics (bullying), 55000+ dead Iraqi civilians, Guantanamo (Military Commissions, by themselves are illegal), private contracts for oil in Iraq, Halliburton. The present administration has no regard for the rule of law and the democratic process. When will the U.S. look inward and look at the injustices in America: racism, gun control, no universal health care, high rate of crimes,gay rights, pollution, the national debt, abolish capital punishment (including juveniles). Please Mr. Bush, stop forcing your idea of democracy upon the world. Your democracy is not perfect as witness in the first Bush term (no unified voting system, and the President was chosen by the courts) .Democratic change permeates from the inside and cannot be forced upon any nation.
As for Libby; I am not surprised at all by President Bush's decision. He is simply thanking a friend and covering is "derriere". I see many reason why Mr.Bush and Mr.Cheney should be impeached. Poor old Mr. Clinton was impeached for lying about a sexual affair.
Posted July 9, 2007 02:02 AM
Steve Robertson
Why all this talk of who the President is trying to please? He reigns under a system of term limits that mean he is now free to do as he wises and damn the public. In his column, Mr. Champ noted that other Republicans are unhappy with the decision. I expect we will see an increasing log jam created by those who wish to distance themselves from the current leadership, though they were stalwart supporters before, because that is now the most expeditious way of retaining their power. The next big topic in the US will most likely be why the American voter is not engaged in the political process. With events like this, is there really any wonder?
Posted July 8, 2007 09:54 AM
Vedran
Halifax
Wow. Iain from Frederickton, do your research:
President Bush’s commutation of Lewis “Scooter” Libby’s prison sentence highlights some interesting connections between Vice President Dick Cheney’s former chief of staff, a former fugitive from justice, an ex-president and two leading 2008 White House hopefuls.
Before entering government, Libby was a private attorney who represented billionaire international commodities trader Marc Rich.
Rich was indicted in 1983 by then-U.S. Attorney Rudy Giuliani on charges of tax evasion and illegal dealing with Iran during the American hostage crisis.
Rich fled to Switzerland. He also occupied a spot on the FBI’s Most Wanted List for many years.
Giuliani, former mayor of New York, is now a leading Republican presidential candidate. He endorsed Bush’s decision to spare Libby jail time even though he had tried to put Libby’s client behind bars.
“After evaluating the facts, the president came to a reasonable decision, and I believe the decision was correct,” Giuliani said in a written statement Monday evening.
Rich’s fugitive days ended when former President Clinton pardoned him in January 2001, a move that prompted a congratulatory call from Libby to Rich.
Posted July 6, 2007 04:48 PM
Emmanuel
Halifax
The general consensus seems to be that Bush and junta are liars and crooks. Big surprise.
Although the best part of the article/comments, likely quite unintentionally, was Iain's (from Fredericton) post. It was the only entry that ran against the general consensus of both the article and comments section, which is fine. To each his own - although in true 'Right of Center' style, he exemplifies the subject of the article by
1) trying to change the subject by shifting the blame to 'the last guy'
2) telling outright 'falsities'
Thanks for the clarification, Ed. Too bad all the other 'fibbers' can't be brought to justice so quickly!
Posted July 6, 2007 04:03 PM
Linda Bolton
Thank you so much for your articles. I read the paper, and CBC's website, but still I miss most the information your articles offer. Thank you Mr. Champ.
Posted July 5, 2007 02:12 PM
DF
Toronto
So you're saying Libby was an ACCESSORY to the crime. I still think Armitage should have gotten the bigger punishment, as he COMMITTED the crime.
Posted July 5, 2007 01:05 PM
Bob parris
Toronto
El President Bush continues America's precipitous decline,third world style,.
Posted July 4, 2007 10:53 PM
angelsea
Libby was charged with obstructing justice; not with leaking Valerie Plame's identity. It is likely he lied to protect his superiors, in particular Dick Cheney. As a result he foiled an investigation and prevented the American people from learning the truth. Just as in Watergate; it wasn't so much the original crime which was the break-in at the Watergate hotel, but the cover-up which sunk the Nixon administration.
Armitage told the truth about his role in leaking Valerie Plame's identity; therefore he was not charged with obstruction of justice.
By commuting the sentence of Mr. Libby, it is as if the President of the United States is an accessory to the obstruction of justice. It also says to every other member of his administration that there's no need to cooperate with law enforcement officials or congress; just lie and stall them as the President has your back. So much for restoring morality to the Oval Office.
Posted July 4, 2007 10:41 PM
Michelle
Michigan
I'm disgusted with the whole system. Bush steals the first election, turns the whole world against us by exploiting 9/11 to engage in an illegal war, and people here just sit like sheep in front of the TV, doing nothing.
When I was a child, people vigorously protested Vietnam, another illegal war, and then we got Nixon and Watergate. My conscience won't permit me from abstaining to vote, but there are times I wonder if it really makes a difference. What was the saying in the sixties? "If voting really changed anything, it would be illegal". Sometimes I wonder....
Posted July 4, 2007 10:04 PM
Francis Penny
Beautiful language Henry!
Commutation. What is that? A virus?
Try Free Pass. That's what Libby got and everybody knows it except the news media. They apparently think it's a commutation.
Oh, and the flip side (right at the end your very weak piece of writing)....let's knock the conspiracy theorists.
Those conspiracy nuts, of course, are by and large the same folks who got it right about the weapons of mass destruction, et al.
Super job Henry. Isn't it time for you to hang up the keyboard?
Posted July 4, 2007 09:32 PM
Art McLean
So Bush found Libby's sentence "harsh". This is from a man who regularly allowed people to be executed in Texas!
Posted July 4, 2007 08:16 PM
Ed
Bush once again has demonstrated his lack of regard for the rule of law and the concept of equal justice. Bush probably commuted Libby's sentence for a mixture of motives: to reward Libby for his loyalty, and to persuade Libby not to leak any potentially embarrassing information, whether related to the Plame investigation or otherwise.
Who knows? Maybe I'm being too cynical and Bush is only acting as he truly believes is just and right--but that possibility is part of what makes Bush so terrifying, and for myself, Bush long ago has lost any claim to the benefit of the doubt.
Posted July 4, 2007 07:49 PM
Snarky
My mother, who was barely out of diapers – when Bolsheviks killed off my grand parents – used to dream to someday go to a place called “Alta” and find her brother. You see, she grew up in a “commie” orphanage - from which my uncle absconded. I was born in ’36 and always wondered where that place was.
I too, spend my formative years in concentration camps from Ukraine, Poland and Germany. In occupied Germany’s refugee camps (I was close to 13 by then) Mom found out “Alta” was in ‘America’ - where people where “free” (no concentration or refugee camps). Where boys wore long pants, went to school – yuk – had lots to eat (no “soup kitchens”). America was a place where people went to work, were honest and didn’t steal. They called it “Democracy”. That’s where these “Ammies” were from (the soldiers in Germany). They were “Americans” – good people. Educated and “just” – you didn’t get punished if you didn’t “deserve it”. Every one wanted to be like, or go to America. It was a “status symbol” for a girl to have an American soldier-boyfriend.
Through the Red Cross Mom found out “Alta” stood for Alberta (Canada) – and because she had a brother there, they would help us get there. We where the envy in the camp – we were going to “America” – we had suddenly acquired a whole bunch of friends. That’s how much respect the word “AMERICA” evoked in Europe 1949.
Fast forward to 2007 – in Europe now, on the street - “America” stinks. The weasels can’t be trusted. Wheeling/dealing to get their way, and if that doesn’t do it - there’s the power of the army. Caesar has fallen.
Bush got elected by cheating, went to war by lying, turned democracy up-side-down to “hang on” to power. Now he’s trying to cover his tracks! (Nixon got impeached for much less). When is this meek/silent Majority of the USA gonna “wake up” – when “America” means “despicable”?
Am I glad Mom got her wish - she must be smiling in heaven - she got her kids to where “Alta” is (Canada) not USA.
Posted July 4, 2007 06:58 PM
Kamau
Edmonton,
The reason why Bush commuted Scooter's jail sentence instead of pardoning him is simple. Cover up. With a commutation, Scooter cannot be hauled before any investigation committee at all. If the Democratic-led congress tried, all he would have to do is declare the fifth Amendment, the right against self-incrimination. This way, the White House stalls any future chance of Scooter's developing a case of "refreshened memory". There, not complex.
Posted July 4, 2007 06:05 PM
DF
Toronto
The way I see it, it should not have come to Libby being indicted in the first place. As Jerry said, why wasn't Armitage charged?
Posted July 4, 2007 05:56 PM
todd wright
Newmarket
I feel truly sorry for the US. They aspire to being so much greater than the rest of us but prove over and over that they cannot overcome the same petty issues that bedevil all others. The monarchical corruption that they fought a revolution to supposedly escape has not gone too far from the center. Bush may be doing more to destroy/redefine the mythology of America than any other president. It's not over yet!!!
Posted July 4, 2007 03:06 PM
BS
Vancouver
It's not wise to go around burning your own intelligence agencies, especially out of spite towards someone's spouse. But this is just rubbing it in the faces of the military and intelligence communities, by saying that nobody involved in it will ever do even one day of jail time - for any country, that would be foolish.
The message to the public from this whole scandal (plus the illegal wiretaps by the NSA, renditions, Guantanamo, over-use of special decrees) basically comes down to: "Congress doesn;t matter, laws don't matter - we can do as we wish with absolute impunity".
It's more motivation for the "impeach Bush" movement to get going in earnest, or even if that fails, it raises the possibility that many Bush officials and perhaps Bush himself may face trials after their term is over.
The US military and intelligence agencies are also not fools, they can probably sense that executive impunity burns them more often as it helps them. I'll bet a lot of them are now considering in their minds whether their loyalty to the US constitution or the president comes first, since it's pretty clear by now that it cannot be both.
Where all that leads, who knows? It would be a bit optimistic to suggest there will be enough outrage in the US to actually change anything for the better.
Posted July 4, 2007 02:58 PM
Greg
BC
Why did Bush do it? Two reasons:
1. Cynical - because he could and he thinks he and his friends are above the law, and,
2. Practical - because Libby has carnal knowledge of all the skeletons in Bush and Cheney's closets. This communtation is just to buy his silence.
Posted July 4, 2007 01:54 PM
Michael
Nelson
Damned if you do, damned if you don't.
Hey, I AGREE with G Bush. He did the RIGHT thing with the commutation.
What could he do? Disavow Libby and thus all his programs, policies, strategies, and loyal followers? Remember the guy was going to jail in a few days.
Does he pardon Libby completely and infer that Libby might just have been following orders?
No, commutation sends the right message: "You did a little wrong while doing a lot of right."
The big problem for Bush is that all these machinations are being played out in the background to IRAQ.
As long as he loses IRAQ, the background looks bad.
Posted July 4, 2007 01:50 PM
Iain
Fredericton
If Mr. Champ foolishly believes that commuting Mr. Libby's sentence will have an impact on the next Presidential and Congressional elections, than he must surely be inhaling. And if I should be so bold may ask the following questions - Why is a man who's wife has worked for the Democratic party in the USA allowed to comment on anything political south of the border? Does Mr. Champ and his employers at the CBC really believe that everybody who reads his dribble isn't aware of who his sympathies are with? And as for Mr. Bush and his leniency toward Mr. Libby, at least Mr. Libby stands convicted of the same crimes that former president Bill Clinton got away with. Mr. Clinton did reach a legal agreement with prosecutor Kenneth Starr to avoid being charged with the same offences of perjury and obstruction of Justice after leaving office. Mr. Clinton's agreement included a fine and also disallows him from practicing law and he did absolutely no prison time. So maybe President Bush should silence his critics, such as Mr. Champ, by being kind enough to pardon Bill Clinton for his crimes and thereby allow Mr. Clinton to be a lawyer once more. Wouldn't that be a hoot!
iain,
no member of henry champ's family or for that matter his wife's family have ever been a member of or have worked for the democratic party....ed
Posted July 4, 2007 01:35 PM
Jerry
seattle
Strange how Armitage, who actually leaked the precious info about secret agent Plame, was not charged or even called to testify. Some big crime. Libby's real offense is being a part of the Bush administration. Phony baloneys finding outrage at this comutation must not remember Ol' Bill's venal pardoning of the convicted money launderer Marc Rich (for a huge donation to the Clinton library) and about 500 others including some Puerto Rican terrorists. Hypocrites.
Posted July 4, 2007 01:14 PM
Deb Johnson
Gatineau
I think it's just a terrible snub at the court system. This guy broke the law, plain and simple. Does he pay the way anyone else would? Not a chance. Terrible. I'd hope that this further erodes Blockhead Bush's support, and finally pushes somebody to impeach the guy. Terrible president, terrible administration.
Posted July 4, 2007 12:58 PM
Karen
Ontario
The question is not what the Bush Administration was to gain by this decision, but rather, what do they have to lose? With the lowest continuous approval rating in US history (apparently an unfazing statistic), the answer is zippity-do-dah. I find it hard to believe that anyone was caught off guard by this decision. As far as I'm concerned, it was a foregone conclusion from the moment the sentence was handed down.
Having said that, there is something to be said for the theory that Bush is buying insurance on his future, and what Libby might have to share about the goings-on in Washington. I have no doubt that Bush would sacrifice his party's political future to save his own skin... this is what spoiled brats do.
Whatever the reason, I certainly hope it becomes an election issue and Americans would do well to remember this.... this, and all the lies and scandals and wire-tapping and torture and devastation this administration has heaped on the global village. The reality is, this is only the most recent slap in the face of Democracy.
The world will be watching in November 2008.
Posted July 4, 2007 12:50 PM
Charles Scriven
Ontario
I'm surprised he still has supporters at all given the current circumstances. People should all be treated fairly under the eyes of justice. Pardoning one man despite the sentence not being excessive simply provides more fuel to an already raging fire.
Posted July 4, 2007 12:47 PM
X
Hopefully, the DA will get the commutation over turned somehow. You do the crime, you do the time.
Libby should have been hauled off to prison the instant the judge ruled him guilty. He can appeal from prison.
Posted July 4, 2007 11:20 AM
Jeff Wilson
Winnipeg
It is ironic that the Americans fought and won a revolution more than 200 years ago to rid themselves of the arbitrary, above-the-law power of a King! Go figure!
Posted July 4, 2007 09:52 AM