How's that for thanks?
Talk about adding insult to injury. One of the many letters written to Judge Reggie Walton pleading for leniency for I. Lewis "Scooter" Libby included this bit:
I [Paul Wolfowitz] also remember how Mr. Libby offered his services pro bono or at reduced costs after he had returned to private law practice - to help former colleagues and friends with legal issues. In one case he helped a public official defend himself against libelous accusations, something that is extremely difficult to do for anyone in public office. The official in question was Richard Armitage who more recently served as - Deputy Secretary of State.
And if Armitage had just fessed up when the Plame story broke there never would've been any investigation by an overzealous prosecutor looking to charge anything he could. So, Libby provides Armitage free, and apparently successful, legal help and in return Libby gets 30 months in prison.
Let me also take this opportunity to elaborate a little further on why I support a pardon for Libby.
I don't believe that Libby intentionally lied. I read a lot of the liveblogging of the Libby trial and it's pretty darn clear that the man had no reason to lie. Valerie Plame wasn't an undercover agent. Special prosecutor Patrick Fitzgerald can try to muddy the waters all he wants, but secret agents don't drive into their office at CIA headquarters every day if they want to maintain their cover.
Something else that's annoyed me has been the scorn in some newspaper editorials about an effort to discredit Joseph Wilson. This just in: Joseph Wilson needed to be discredited -- he was a liar. He lied about who sent him on the job. He lied about what prompted him to be sent. He lied about what he found. He lied about who he told.
To not discredit a liar like Joseph Wilson would be irresponsible.
And besides all of that, he wasn't the one who outed Valerie Plame -- which was supposedly the reason for the investigation. Fitzgerald abused his discretion. And honestly, based on the testimony at trial, Fitzgerald could've prosecuted just about everyone who took the stand for perjury and obstruction of justice had he wished.
Our legal system has a lot of checks and balances to it. The legislature makes the laws. Sometimes those laws have unjust consequences. When that occurs, sometimes judges invalidate the laws and sometimes they don't. Sometimes legislators recognize their error in making the law and change it. And, when all is said and done, the President as chief executive, like the governors of the states, has the power to commute sentences and/or pardon the offenders.
I think Libby was ill-served by the justice system and deserves a pardon.
Knowing all we know now about the Duke Lacrosse case, what would be people's reactions if Nifong had pushed forward with the case against those three young men and due to a mix of a prejudiced jury and judicial incompetence had still managed to get convictions? I'd be demanding pardons for those young men too. Why? Because an injustice was done.
I'm reminded of the Dale Akiki child molestation case here in San Diego County many years ago. In that case overzealous prosecutors along with criminal child psychologists tried Akiki on charges of child molestation. The testimony from the alleged victims was insane. They described Akiki slaughtering elephants -- yes, you read that right -- to instill fear in the children and lots of other things which was clear couldn't possibly have happened. The jury returned a not guilty verdict. But what if they hadn't? What if they'd bought into the hysteria like that that surrounded the Amirault case in Massachusetts?
I would've supported a pardon for Akiki. I still support a pardon -- and reparations by the state of Massachusetts -- for the Amiraults.
When an injustice is done, a pardon is a tool that should be used.
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I agree that Bush should pardon Libby. I think political calculation is the only thing keeping him from doing so. However, it is impossible for the left to hate Bush anymore than it already does, so there seems no point in withholding a pardon in the hopes of deflecting criticism. Bush might as well do the right thing and as soon as possible. Let the left howl for awhile. Doing so makes the lefties feel better. The right will also feel better that Libby won't go to jail. It's a win-win.