What Part of "Illegal" Don't Republicans Understand?

By: Lowell
Published On: 7/3/2007 6:36:28 AM

On March 6, 2007, a jury found former vice presidential chief of staff Lewis "Scooter" Libby guilty on two counts of perjury, one count of obstruction of justice in a grand jury investigation, and one of the two counts of making false statements to federal investigators.  On June 5, Libby was sentenced to 30 months in federal prison, a fine of $250,000, and two years of supervised release.  And yesterday, President Bush commuted Libby's prison sentence.  Here's what Bush had to say about his reasoning on this matter:

I respect the jury?s verdict. But I have concluded that the prison sentence given to Mr. Libby is excessive. Therefore, I am commuting the portion of Mr. Libby?s sentence that required him to spend thirty months in prison.

Let's get this straight:  Bush says he respects the jury's verdict (guilty, big time!) but then says he does not agree that the punishment fits the (serious) crime.  Sounds to me like George W. Bush needs a lesson on what constitutes "illegal" in this country, because he obviously doesn't understand.

Sadly, neither do leading Republican Presidential candidates.  First, here's Rudy "Tough on Crime" Giuliani:

After evaluating the facts, the President came to a reasonable decision and I believe the decision was correct.

So much for Rudy being "tough on crime."  Hey Rudy, what part of the word "illegal" don't you understand?

Now, here's Fred "Law and Order" Thompson:

While for a long time I have urged a pardon for Scooter, I respect the president's decision. This will allow a good American, who has done a lot for his country, to resume his life.

Law and order?  Tough on crime?  Sure, if you're a poor minority in this country, Republican politicians are all for it.  Just ask Rudy "41 Shots" Giuliani what he thinks. 

In contrast, if you're a well-connected, powerful Republican who has broken the law and been duly sentenced, apparently the politically correct answer by fellow Republicans is, "let 'em go!"  So once again, I ask, "what part of the word 'illegal' don't these Republicans understand?"


Comments



In contrast, Democrats seem to get it (Lowell - 7/3/2007 6:54:00 AM)
John Edwards:

Only a president clinically incapable of understanding that mistakes have consequences could take the action he did today. President Bush has just sent exactly the wrong signal to the country and the world. In George Bush's America, it is apparently okay to misuse intelligence for political gain, mislead prosecutors and lie to the FBI.

George Bush and his cronies think they are above the law and the rest of us live with the consequences. The cause of equal justice in America took a serious blow today.

Hillary Clinton:

Today's decision is yet another example that this administration simply considers itself above the law," said Clinton of Bush's decision to commute Libby's sentence. "This case arose from the administration's politicization of national security intelligence and its efforts to punish those who spoke out against its policies.

Four years into the Iraq war, Americans are still living with the consequences of this White House's efforts to quell dissent. This commutation sends the clear signal that in this Administration, cronyism and ideology trump competence and justice.

Barack Obama:

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.


Y'Know What? (Susan P. - 7/3/2007 7:28:47 AM)
This is how Watergate would have ended, if the cover-up had not unraveled.  These guys are just getting better at this ****.


The Sentencing Guidelines Too Tough For Scooter (Sweatin'LikeNixon - 7/3/2007 8:04:12 AM)
If Scooter was found guilty by a jury and if the judge imposed a sentence within the sentencing guidelines that the Bush Attorney General's Office says that all judges should apply all the time, then how can the punishment be too severe? Oh I forgot, the rules do not apply to friends of W. Heaven help the rest of us! We'll just have to not commit crimes since we will not receive this special treatment.


Its not about law, its about criminal enterprise. (Bubby - 7/3/2007 8:25:01 AM)
This is pay-back for Libby not naming names in the office of the Vice President.  This action reinforces the notion in conservative dead-ender circles that loyalty to Cheney, and Bush has it's rewards.  While we like to think that there are consequences for illegal behavior, the truth is there are also consequences for sticking with Boss Hog.


you should know the answer (Adam Malle - 7/3/2007 9:36:07 AM)
the part of 'illegal' the Republicans don't understand is the part thet applies to them.


Well stated. (Lowell - 7/3/2007 9:57:13 AM)
Or the part that doesn't apply to rich, powerful, white people.


Obstruction of Justice (KathyinBlacksburg - 7/3/2007 9:41:48 AM)
Although the President has the ability/authority to commute sentences, doing so to cover up White House illegalities is obstruction of justice.


If it were possible to imeach Bush and Cheney (Lowell - 7/3/2007 10:02:48 AM)
I'd strongly support it.  Frankly, at this point, even if it ISN'T possible I'd seriously consider supporting it, just to re-establish the concept that this is a nation of laws.  That concept has been under almost continual assault by Bush, Cheney, DeLay, Abramoff et al. since the stolen election of 2000.  I think that the GOP thugs in suits who descended on Palm Beach County during the Florida recount were a perfect prelude to what was to come the next 8 years. 

Now, it's time for all Americans to take their country back, to declare Independence from people who scorn our Constitution, and to grab back the reins of power from a bunch of people who would rather enrich Halliburton and Bechtel than provide American kids with health care.  Conservatism is a warped value system.  The answer is Progressivism, which of course Conservatives have worked to demonize (along with liberalism) for so many years.  Now, the conservatives have managed to demonize themselves, which to me seems highly appropriate.  In 2008, it's time to usher in a new era of Progressivism, and to sweep away the failed experiment of the past 13 years since Newt Gingrich and his "Contract ON America" swept into town.



To (mis)quote our Senator... (Bubby - 7/3/2007 10:15:24 AM)
If you give me a 15% chance of successfully impeaching the Vice President...I'll take it.  I'm tired of yelling at the TV.


Agree....well put. (Dianne - 7/3/2007 11:29:10 AM)


And a suspicious habit (Bubby - 7/3/2007 10:12:47 AM)
Since President Bush isn't known for the use of pardons, and has never allowed any rightfully convicted person to be released from jail time.  A most curious deviation for Bush.


Contact Bobby Scott and Rick Boucher - Judiciary Comm. (Bubby - 7/3/2007 12:09:06 PM)
Meteor Blades at DKos has a front paged diary pointing out the proper course - contact members of the House Judiciary Committee and ask them to draft up Articles of Impeachment regarding the activities of the Vice President in regards to the treasonous disclosure of a covert agent of the United States, and determine whether the Vice President was willfully or negligently responsible.

If they want to add additional charges like deceit, torture, rendition, and domestic spying...good!

Bobby Scott and Rick Boucher are two Democrats on the committee that should hear from their constituents.



Explain to me again... (HisRock - 7/3/2007 12:22:08 PM)
...why Scooter Libby should go to jail when Bill Clinton didn't?  Is it because he can't parse the verb "to be?"  But, then again, Bill Clinton is also white, rich, and powerful.


Ah yes, when all else fails... (Lowell - 7/3/2007 12:38:59 PM)
...go back to bashing Bill Clinton.  FYI, I wasn't blogging back in the 1990s, but I wasn't a big fan of Clinton's lying under oath about his private, consensual sex acts with a woman.  If you think that's sufficient for impeachment and conviction, however, you've lost me there.

Now, getting back to 2007, let's review the Bush/Cheney list of impeachable offenses:

*Misleading Congress (and the American people) in order to convince them into passing the Iraq War Resolution

*Repeatedly ordering the National Security Agency to place illegal wiretaps on American citizens without a court order from FISA.

*War profiteering, no-bid contracts to to Dick Cheney's former company Halliburton.

*Violating the Third and Fourth Geneva Conventions and the U.S. War Crimes Act; condoning and encouraging torture.

*Subverting the Constitution?s separation of powers through "signing statements" and other means

*Revealing the identity of a covert CIA agent

*Creating the secret Cheney Energy Task Force which operated in defiance of open-government laws.

I could go on and on, but these are more than sufficient to impeach and convict both Bush and Cheney of "high crimes and misdemeanors."  Unfortunately, it's highly unlikely that Bush and Cheney will be impeached, because arguably they are as bad or worse than Richard Nixon.



Actually, I was just asking for some reasonable perspective here. (HisRock - 7/3/2007 1:07:52 PM)
I'm not "bashing" Clinton, just making a comparison.

So lets address some of your purported impeachable offenses:

*The intelligence on Iraq was bad, but don't overlook the fact that it was sufficient to cause a majority of the Senate Democrats to vote for the war.  Are you saying that they are too dumb to see thru false intel?  If so, none of them belong in the Senate, much less the White House.  Saddam's own people were trying to convince him that he had viable nuclear, chemical, and biological weapons programs.  No surprise that they also convinced the CIA.  One of their sources was Saddam's brother-in-law.

*The so-called "no-bid contracts" to Halliburton were actually task orders under LOGCAP III, a contract that KBR won in 2001 under a full & open competition against DynCorp and others.  Halliburton bought KBR after KBR won the contract.

*Talk about subverting the law and the Constitution, Lincoln suspended habis corpus and ordered military tribunal trials of US citizens in states not in the Confederacy.  Oh, that's right.  He was a Republican, too.

*Richard Armitage was the one who outed Valerie Plame and Robert Novak published it.  How come they have yet to do the perp walk?

I, too, could go on and on.  However, if any of your high crimes and misdemeanors are supported by evidence, how come the wuzzy Democrats in Congress haven't passed a bill of impeachment?

BTW, I voted for Clinton twice.



Let me address your points. (Lowell - 7/3/2007 1:30:56 PM)
*The intelligence on Iraq wasn't just "bad," it was deliberately distorted to imply - for instance - that there was a connection between Saddam and 9/11.  That's a complete lie, was NOT supported by the intelligence, but was repeated endlessly (in various iterations) by the White House.  That constitutes "lying to take the country to war" in my book.

*You're seriously arguing that there have been no shenanigans in Iraq contracting at all?  No need for a "Modern Day Truman Commission," as Webb called for during his campaign?  I find that really hard to believe.

*Lincoln's actions were taken while a large portion of the country was under active rebellion.  That's a completely different story, and I think most legal scholars and historians would agree that what Lincoln did - temporarily, by the way, and only in Maryland and a few other scattered places, like southern Indiana - is not at all in the same league as what Bush and Cheney have done since 9/11.

*Yes, Armitage was Robert Novak's source on the Plame story, but what does that have to do with the fact that Cheney and Libby were almost certainly involved in "outing" her?



So what else is new? (HisRock - 7/3/2007 1:56:36 PM)
Kennedy lied about the Tonkin Gulf Incident to start the Viet Nam War.  Contracting shenanigans date back to Washington's wintering over in Valley Forge.  Franklin Roosevelt locked up innocent American citizens of Japanese descent without charges, legal representation, or hearings.

Are you saying that 9-11 was less of a crisis than the War of Yankee Agression?  (It wasn't a civil war.  That is defined as a conflict in which rebels are seeking to seize control of the central government.)

The legal scholars and historians who think that what Lincoln did was no big deal do not include the US Supreme Court and the Congress.  See Ex Parte Milligan and the Posse Comitatus Act.



The "War of Yankee Aggression?" (Lowell - 7/3/2007 1:58:57 PM)
I think this discussion is over.


Oops. (HisRock - 7/3/2007 2:03:57 PM)
It was Johnson who lied about the Tonkin Gulf Incident, not Kennedy.  Kennedy was the one who lied about invading Cuba at the Bay of Pigs.  Sometimes I have trouble keeping my Democratic war criminals sorted out.
:)


Probably because... (Bubby - 7/3/2007 12:54:31 PM)
Bill Clinton was never convicted of a crime, or sentenced to jail time.  Any other questions son?


LOL (Eric - 7/3/2007 1:03:48 PM)
You Democrats and your technicalities ;-)


Thanks, pop. (HisRock - 7/3/2007 1:09:47 PM)
Are you trying to tell us that Clinton didn't commit perjury?  I'll bet that you also believe that OJ didn't do it and that Robert Blake never owned a gun.


And, BTW... (HisRock - 7/3/2007 1:27:32 PM)
Scooter Libby lied to protect his boss.  Clinton lied to protect his own ass.  The former is an instance of misplaced loyalty.  The latter is an act of moral cowardice.  I'll leave it to you to decide which is more despicable.


We could go on and on about Clinton. (Lowell - 7/3/2007 1:33:09 PM)
But why?  It's not the issue at hand, which is the Bush Administration, Dick Cheney, Scooter Libby, etc.  Bill Clinton is a big red herring, nothing more.


The larger point(s) (novamiddleman - 7/3/2007 2:14:47 PM)
All of these are bipartisan

Too many politicians will do anything to remain in power

Money = access = policy

Defned your "party people" at all costs

P.S. I'm willing to give Obama a chance to prove me wrong

This last one is about blogs in general

One other point its always easier to criticize.  In the blogosphere the negative hit pieces greatly outnumber the postivies ones.  People love to complain which is basically what blogging is all about :-p. 



It's amazing that these stereotypes persist (Lowell - 7/3/2007 2:44:18 PM)
"People love to complain which is basically what blogging is all about."  That's just plain wrong.  Of course, you can say that opposing the Iraq War or whatever constitutes "complaining," but I'd strongly disagree.  Or fighting for health care, stem cell research, civil liberties, etc. etc.  That's all "complaining?"  Puh-leeze.

Also, are you seriously arguing that the tremendous amount of information provided by the blogosphere is all irrelevant, that it's still just a bunch of "complainers?"  So, when I go cover events and report on them here, or when Webb volunteers posted their photos, videos and written accounts of events they had attended, that was all "complaining?"  That's just incredibly insulting and also incorrect.

Oh, and our efforts to "Draft James Webb" were about "complaining," right?  That was all negative, nothing positive about Webb or our hopes for the country?

A few more examples:

*Ben Tribbett's analysis of the Virginia State Senate and House of Delegates is "complaining?"  Gee, and here I thought it was an immensely valuable service he was providing to people like you, for FREE!  Yet all you can do is diss Ben's efforts?  Nice.

*The excellent reporting on Virginia Beach by Eileen Levandoski of VBDems.

*The great work that Waldo Jaquith has done for several years, including his tremendous efforts in 2005 at electing Tim Kaine and other Democrats.

*Our hard work in investigating the links between politicians and their major contributors, that's all complaining huh?  And here I thought it was actually a valuable service.

*Our work to raise money for candidates we support through ActBlue and other means?  I guess the $4.2 million we, the netroots, provided to the Webb campaign in 2006 was just "complaining?"

You know, it's very easy to make flippant, rude, ignorant comments under cover of a pseudonym, but that doesn't mean anyone has to give them any credibility whatsoever.  And in this case, nobody should.



last one for today (novamiddleman - 7/3/2007 3:12:11 PM)
All of those are exceptions and you know it

Face it at least 90% of political blog posts are people complaining

I don't have time to once again deconstruct all of your arguments but briefly

Ben has a good post and then right after its another post "complaining" about Marsden

The majority of Waldos posts are either "complaining" about Republicans or are him pontificating why he is so much better than the rest of us

For the record this is once again a bipartisan issue.

Now for all of that I actually think blogs are great.  I keep coming back don't I :-p.  Also, its no secret that this blog brings a core group of perhaps as many as 1,000 solid D people together.  (Now whose to say that these people would already be working) But regardless it is an impressive feet. 

The difference is I dont have rosy colored glasses on... ever.

Have a wonderful Independence Day and celebrate the freedom to be a dyed in the wool lib... I mean progressive :-p or a Realist (my new label for today) or whatever the heck you want to be :-) 



You go on this blog's frong page (Lowell - 7/3/2007 3:24:13 PM)
and show me where 90% is "complaining,"  I find what you're saying to be personally insulting, as I - and the other RK contributors - put a great deal of time and effort into this.


You go on this blog's frong page (Lowell - 7/3/2007 3:28:39 PM)
and show me where 90% is "complaining,"  I find what you're saying to be personally insulting, as I - and the other RK contributors - put a great deal of time and effort into this.

By the way, I just went to Waldo's blog and I didn't see one post that I'd consider to be "complaining."  Outrage at something, perhaps, like Ann Coulter?  Sure, but that's quite different than "complaining."  By your reasoning, people who fought against Jim Crow were just "complaining."  People who protest the Iraq War are just "complaining."  People who protets illegal immigration - or fight for a path to earned citizenship - are just "complaining."  Etc., etc.  That's just utterly absurd, unless you've got a VERY unusual definition of "complaining."



Was Clinton convicted of obstruction of Justice? (JPTERP - 7/3/2007 9:49:12 PM)
The issue here is the violation of the Intelligence Identities Protection Act.  There are two elements necessary to prove a violation of this law.

1. Is the exposure of a covert agent.  By the admission of CIA head Hayden Plame was covert.
2. The second prong is to have done so "knowingly".

The second prong is difficult to prove because of intent.  Libby's obstruction made it impossible to determine one way or another whether this outing was done in full awareness of Plame's covert status.

The penalty for a violation is up to 10 years and a $500,000 fine. 

So in a very real way the obstruction was successful--the penalty that Libby faced was 30 months and $250,000.  And now it's nothing.  The fine will be paid indirectly by taxpayers--who are funding the Cheney private sector machine; and as far as the loss of his law license goes, Libby will do just fine.  He is current on the payroll at the Hoover Institute pulling in a nice 6 figure salary.

To the best of my recollection Clinton was not implicated in a case of obstruction of justice involving the outing of a CIA agent. 

Clinton may also be white rich and powerful, but his crime referred to the DoJ by the CIA; his crime was not prosecuted by a Bush appointed prosecutor and judges; his crime was not reviewed by an appeal board--including two Republican appointees.

Additionally Clinton did not pardon a subordinate in a case in which he himself may very well have been implicated.



Really? (HisRoc - 7/3/2007 10:14:31 PM)
"Clinton did not pardon a subordinate in a case in which he himself may very well have been implicated."

Are you really making your case based on Clinton's pardon record?  You know, the ones ranging from campaign contributor Marc Rich to Whitewater co-conspirator Susan McDougal who went to prison rather than testify about the Clintons' role in the swindle?  Clinton's (ab)use of the pardon power was so egregious that there was serious discussion in Congress of limits to future Presidential pardons, such as requiring confirmation by the Senate.

To borrow a phrase from Lowell, "Puh-leeese!"

But, I know, its all about the here and now and Clinton is just a red herring.  BS.



Did McDougal out a CIA agent? (JPTERP - 7/3/2007 10:44:39 PM)
No.

Was McDougal a subordinate, and public servant?  No.

Did McDougal actually serve part of her sentence?  The answer here is yes.  18 months including 6 weeks in solitary confinement.

How many hours did Libby serve?



Okay, so justify the other 139 Clinton Pardongate pardons... (HisRoc - 7/3/2007 11:04:26 PM)
...issued on January 20, 2001.

May I suggest that you start with Henry Cisneros, his subordinate HHS Secretary and public servant, and Roger Clinton, the First Brother.

After that, take a look at the additional 70 pardons issued on November 21 and December 20, 2000.

210 Presidential pardons in the final 60 days of an administration was unprescedented and is a record that is likely to stand for some time.  Not even Nixon (or Ford) came close.

The proof is in the rule, not the exception.



Cisneros (JPTERP - 7/3/2007 11:13:34 PM)
arranged a plea bargain with his prosecutor.

Roger Clinton's crime of drug possession, which was wiped from his record, was not committed in the capacity as a public servant.  He did not lie to protect his bosses.  His bosses were not arguing for a 33 month sentence in an amicus brief (Rita v. U.S.) in a parallel case two weeks before they suddenly decided that 30 months was "excessive" for one of their own.

What about those other pardons.  YOU tell me.  That's how the burden of evidence works. 

How do they parallel the commutation of Libby's prison sentence?



Like I said, the proof is in the rule, not the exception. (HisRoc - 7/3/2007 11:16:21 PM)


Agreed. (JPTERP - 7/3/2007 11:33:29 PM)
And when a president pardons one of his own to protect a himself he has abused his authority.  He becomes complicit in the criminal act.

You cite the Clinton number, but you don't cite parallels to the Libby case.  It's because you can't, or your just lazy.  One president exercised the authority in cases largely consistent with the principle of pardoning those who have done their time over 100 times; the other violated the principle in one instance to cover his ass.

You threw out the number, now back it up with facts.  Tell me the cases where Clinton's pardons rewarded a subordinate for covering his ass.  Tell me a case where he refused to apply the standard of Justice that his own DoJ was arguing for just TWO weeks before a commutation.  Why one standard of justice for a complete stranger, but a substantially lower standard for a friend who can do you real damage--politically and perhaps even legally?