When I was young, my parents (like most parents) assumed the responsibility to teach me the morals and ethics I needed to know. I was taught early (like most children) the difference between “yes” and “no,” black and white, and right and wrong. I learned the difference between the truth and a lie.
Some of these lessons were clear-cut, while others were introduced in stark binary terms of black and white, with elements of gray introduced at some point. For example, “Yes” might later be, “Yes, but…” In between truths and falsehoods came the inevitable lessons about white lies, and what was socially acceptable or not. These examples were often accompanied by consequences, which illustrated the benefits, whether good or bad, of my actions.
When it came to telling the truth and lying, there was often little, if any, gray area. The truth was always recognized as the best path to follow, even if there were negative consequences as a result of doing something forbidden. A lie, whether found out or not, was always penalized, whether through handed-down punishments or self-inflicted guilt. More severe repercussions would definitely follow if I tried to cover up what I had done wrong, whether through lies or other deceitful means. In retrospect, it was also a huge waste of time: the amount of time and energy spent on preventing my parents from learning what I’d been doing could have been used doing something far more beneficial and meaningful in my life.
So I grew up (I suppose, like most other children) learning through trial and error that being truthful was not only morally and ethically right, but that it usually came with positive results (and even if the result didn’t seem positive at the time). In high school civics and in college, I learned that there were legal penalties for lying as well, and that the crime was known as perjury. I also learned that covering up perjury or a bad act had a fancier name as well: it was called obstruction of justice.
In those same classes, history and government, I learned that the United States was considered as a moral and ethical ideal– as a place where all men were considered equal. As I deepened my studies, I learned that this was truly an ideal– that in reality, inequality existed. But still, the promise was there: the United States was a land where any citizen, whether newly minted or descended from original inhabitants and settlers, could realize the promise of his or her potential. The Republican Party was founded on these principles: the notion that all (free, white) men were equal and that all (free, white) men could realize the promise of America through “free labor.” Honesty and integrity were implicit in the founder’s philosophical principles, and drew upon the Founding Fathers for inspiration. They chose the name “Republican” to reflect the public virtue of the American republic.
231 years to the day after the Continental Congress declared independence (they formally adopted the Declaration two days later, on July 4), and 153 years after the Republican Party was begun, it was publicly declared that “public virtue” was a mockery, and that my parents had done a dismal job of educating me. The President of the United States, in an act that contradicts a recent Supreme Court decision (Rita v. U.S.; see here for a comparison with Libby), decided that the sentence handed down by Bush appointee Judge Reggie Walton, in a case prosecuted by a Republican United States Attorney who was appointed by the Ashcroft-led Department of Justice, and heard by a jury of citizens, was a “harsh sentence” and “excessive.” He then issued a commutation which entirely removed any prison time for Libby. I’d call this a “pre-emption” rather than a “commutation,” because there is nothing to “commute” here. The entire portion of the sentence involving prison time was thrown out. The remaining $250,000 fine will most likely be paid by the defense fund established for Libby, and this week, Judge Walton is holding a hearing to determine what to do about the supervised release (similar to probation), because supervised release usually follows the determined prison time. In this case, there *is* no prison time. Libby has not served one single day in a jail or prison anywhere, federal, state, or local.
The lesson I’m learning here is that the President of the United States believes that lying and covering up wrongdoing is acceptable, and that there should be no consequences for these actions. Since the President has determined that, I am predicting defense attorneys everywhere will cite this “pre-emption” along with Rita v. U.S. to argue that their client should not have to serve a single day in jail for the crimes of perjury and obstruction of justice.
Our new American values of public virtue: lying and covering up. Welcome to the United States of America, 2007.
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*clap, clap* The unmitigated gall of this administration that spat on everything our Founding Fathers held dear boggles the mind. The sad thing is that I’m not that surprised that Bush would do this. Horrified, yes. Disgusted, yes. Surprised, no. America, your country needs you more than ever. Contact your elected representatives and the White House to convey your disgust and to urge action. This is going to become a dangerous legal precedent if we do not act.
Please clarify how presidential pardons become legal precedents (aside from the sentencing implications - and that’s already farfetched, at its best). I am not an attorney, but I do know enough that attorneys cite the law when making their legal arguments, and I don’t see what exactly they can cite. Perhaps I am ignorant; please clarify if you can?
I think comes down to this: Bush commuted the sentence of a man who was covering up for acts committed by the White House administration. That’s repugant at the best.
As for being a precedent, it lowers the bar for next time. If we do nothing now, what kind of moral standing will we have then? How can we possibly say then “it wasn’t wrong then, but it’s wrong now”? I think that was her point.
Jt, it’s not so much the pardon or commutation itself per se– it’s the fact that Bush’s “commutation” contradicts the government’s stance in the Rita case. It’s a paradox that I suspect is going to be cited by some defense attorneys. I’m not sure if Rita’s attorney is allowed to re-appeal, but if he can, I’d certainly introduce the Libby case as a prime example for reducing my client’s sentence.
At the very least, it’s a double standard– lots of sentences are “excessive”– look at the “Three Strikes” law here in California. To use a well-known example, there’s that one guy that stole pizza; he received 25 years to life because it was his “third strike.” I think it’s excessive, and a lot of others agree.
Also, pardons and commutations should be used in cases where people have served part or all of their sentence, shown remorse (something Libby has yet to do), and the pardon/commutation will not only benefit the individual it’s being granted to, but society as well.
WSS and David, thank you for responding to Jt’s question - I couldn’t have said it better. :)
PS - DeafDC.com management, I tried to post on my Sidekick but couldn’t due to an error saying that the administrator hadn’t enabled threaded comments, even though I commented at the very bottom, not bothering to respond in a nested thread. I’m now online via my PowerBook just to post a couple of comments.
PPS - By the way, why can’t we nest comments when commenting from a Sidekick? It’s very frustrating and annoying.
PPPS - Thanks for your time, Management. :)
Jenny,
“Management” here…
Please email me at my firstname . lastname at deafdc.com so we can work to address this problem.
Done and thanks. :)
New American values of public virtue? LOL! What about Clinton? He lied under oath, and got away with it. Nixon? He was pardoned by Ford, so he never got to serve a single day in prison.
New American values of public virtue? Okay!
I doubt pardons can be used as a legal precedent, because they are given out on a case-by-case basis rather than as a general rule. Presidential pardons can be only applied to federal cases, and Libby’s case is indeed a federal case.
I suggest you to read the following links:
http://en.wikipedia.org/wiki/P.....ted_States
http://jurist.law.pitt.edu/pardons1.htm
http://judiciary.senate.gov/oldsite/te021401bb.htm
Bush did nothing out of ordinary. Presidential pardons don’t throw out the justice system entirely, rahter they are a big part of it if only for none other reason than it is already specified in the US Constitution. Why do you think the Founding Fathers put it in the US Constitution? They considered it an act of mercy bestowed upon any said person for whatever reasons, thus an important part of President’s executive powers. Such pardons do not bar further legal prosecution against a pardoned person.
Now, as for Rita case, you need to remember a presidential pardon can be given to anybody at anytime, and isn’t required to cover all similar cases. Furthermore it is also not required to justify any presidential pardon at all. Bush doesn’t need to justify his presidential pardon of Libby, though it is not necessarily free of consequences either.
I don’t know much about Rita, neither do I about Libby, nonetheless I stand by Bush, as I did by Clinton, if only because I have enough senses to understand a President has legal power to pardon anybody at anytime, period. We don’t have to like it, but we do need to accept it. It’s a part of US Constitution, and if you didn’t like Bush’s presidential pardon of Libby, then have both the House and Senate to amend the US Constitution limiting or narrowly defining the use of presidential pardons.
Picard90
Picard60 -
here you go.
You asked for it.
Default List of Bush War Crimes for Impeachment
Here’s the evidence:
Exhibit 1:
1999: BUSH PLANS WAR IN ‘99, WELL BEFORE ELECTION
http://www.gnn.tv/articles/article.php?id=761
Exhibit 2:
9/2000: Bush plans Iraq ‘regime change’ before becoming President
http://www.sundayherald.com/27735
Exhibit 3:
1/2001: Bush plans Iraq invasion before 9/11
http://www.cnn.com/2004/ALLPOL.....eill.bush/
Exhibit 4:
3/2001: Cheney Task Force Eyes Iraq Oil
http://www.truthout.org/docs_03/072003C.shtml
Exhibit 5:
9/12/2001: Rumsfeld considers Iraq bombings one day after terror attacks
http://www.sfgate.com/cgi-bin/.....ST0431.DTL
Exhibit 6:
12/2001: Bush Begins to Plan Iraq War Three Months After 9/11
http://www.washingtonpost.com/.....Apr16.html
Exhibit 7:
2002-2003: Cheney Pressures CIA on Iraq
http://www.washingtonpost.com/.....p;notFound =true
Exhibit 8:
Spring/2002: A high-ranking military officer reveals how Defense Department extremists suppressed information and twisted the truth to drive the country to war.
http://www.salon.com/opinion/f.....ex_np.html
Exhibit 9:
4/7/2002: The Crawford Deal: Blair signs up for war at Bush’s Texas ranch in April 2002
http://www.informationclearing.....le8165.htm
Exhibit 10:
5/9/2002: U.S. war hawks oust Bustani from UN because he was attempting to get Iraq to allow chemical weapons inspectors in the country, which would have deprived Washington of a quasi-legal justification for military action against Baghdad.
http://www.inthesetimes.com/is.....ure1.shtml
Exhibt 11:
5/20/2002: COALITION FORCES STRIKE AIRCRAFT DETECTION SITE IN IRAQ
http://www.globalsecurity.org/.....tcom01.htm
Exhibit 12:
5/22/2002: COALITION FORCES STRIKE TWO IRAQI ANTI-AIRCRAFT SYSTEMS
http://www.globalsecurity.org/.....tcom01.htm
Exhibit 13:
5/24/2002: COALITION AIRCRAFT STRIKE INTEGRATED AIR DEFENSE SYSTEM
http://www.globalsecurity.org/.....tcom01.htm
Exhibit 14:
5/30/2002: COALITION AIRCRAFT STRIKE INTEGRATED AIR DEFENSE SYSTEM
http://www.globalsecurity.org/.....tcom01.htm
Exhibit 15:
6/14/2002: COALITION STRIKES IRAQI OFFENSIVE AIR SITE
http://www.globalsecurity.org/.....tcom01.htm
Exhibit 16:
6/20/2002: COALITION STRIKES IRAQI OFFENSIVE MILITARY AIR DEFENSE SITE
http://www.globalsecurity.org/.....tcom01.htm
Exhibit 17:
6/28/2002: COALITION FORCES STRIKE AIR-DEFENSE FACILITIES
http://www.globalsecurity.org/.....tcom01.htm
Exhibit 18:
7/2002 President Bush diverts $700 million into Iraq invasion planning without informing Congress.
http://www.americanprogress.or.....mp;b=46962
Exhibit 19:
7/13/2002: COALITION FORCES STRIKE AIR-DEFENSE FACILITIES
http://www.globalsecurity.org/.....tcom01.htm
Exhibit 20:
7/15/2002: COALITION FORCES STRIKE MOBILE RADAR UNIT
http://www.globalsecurity.org/.....tcom01.htm
Exhibit 21:
7/18/2002: COALITION FORCES STRIKE IRAQI COMMUNICATION FACILITIES
http://www.globalsecurity.org/.....tcom01.htm
Exhibit 22:
7/23/2002: COALITION FORCES STRIKE IRAQI COMMUNICATION FACILITIES
http://www.globalsecurity.org/.....tcom01.htm
Exhibit 23:
7/23/2002: Downing Street Minutes
http://www.timesonline.co.uk/a.....07,00.html
Exhibit 24:
7/28/2002: COALITION FORCES STRIKE IRAQI COMMUNICATION BUNKER
http://www.globalsecurity.org/.....tcom01.htm
Exhibit 25:
8/5/2002: COALITION FORCES STRIKE IRAQI AIR DEFENSE COMMAND AND CONTROL FACILITY
http://www.globalsecurity.org/.....tcom01.htm
Exhibit 26:
8/14/2002: COALITION FORCES STRIKE IRAQI AIR DEFENSE SYSTEMS
http://www.globalsecurity.org/.....tcom01.htm
Exhibit 27:
8/15/2002: COALITION FORCES STRIKE SURFACE-TO-AIR MISSILE SITE
http://www.globalsecurity.org/.....tcom01.htm
Exhibit 28:
8/17/2002: Coalition Air Forces Strike Iraqi Mobile Radar Unit August 17
http://www.globalsecurity.org/.....usia01.htm
Exhibit 29:
8/20/2002: COALITION FORCES STRIKE IRAQI MILITARY COMMAND AND CONTROL FACILITY
http://www.globalsecurity.org/.....tcom01.htm
Exhibit 30:
8/25/2002: COALITION FORCES STRIKE AIR DEFENSE RADAR SYSTEMS
http://www.globalsecurity.org/.....tcom01.htm
Exhibit 31:
8/27/2002: COALITION FORCES STRIKE IRAQI MILITARY COMMAND AND CONTROL FACILITY
http://www.globalsecurity.org/.....tcom01.htm
Exhibit 32:
8/29/2002: COALITION FORCES STRIKE MILITARY RADAR SYSTEM
http://www.globalsecurity.org/.....tcom01.htm
Exhibit 33:
8/29/2002: Boucher Says Regime Change Is Only Way to Solve Iraq Problem
http://www.globalsecurity.org/.....usia02.htm
Exhibit 34:
9/2002: White House Silences Experts Who Question Iraq Intel Six Months Before War
http://www.antiwar.com/orig/leopold6.html
Exhibit 35:
9/27/2002: Bush calls Saddam ‘the guy who tried to kill my dad’
http://archives.cnn.com/2002/A......war.talk/
Exhibit 36:
10/2002: White House kills Pentagon plans to strike Zarqawi’s camp in Northern Iraq in order to maintain the White House’s claim that Iraq has ties to terrorists
http://www.msnbc.msn.com/id/4431601
Exhibit 37:
10/2002: National Intelligence Estimate on Iraq WMD stripped of dissenting opinions *
http://www.contracostatimes.co.....917626.htm
Exhibit 38:
*1/2003: Britain, U.S. spy on UN allies over war vote
http://www.independent-media.t.....r+Reported
Exhibit 39:
1/2003: ‘We’re Going to Have to Go to War,’ Bush Says to Rice
http://www.washingtonpost.com/.....Apr17.html
Exhibit 40:
1/6/2003: It is revealed that special forces have been operating on missions inside Iraq since August of 2002
http://www.smh.com.au/articles.....click=true
Exhibit 41:
Spring/2003: Blix suspects U.S. spying on him
http://politics.guardian.co.uk.....53,00.html
Exhibit 42:
3/17/2003: Ex-CIA Accuse Bush of Manipulating Iraq Evidence
http://www.foxnews.com/story/0,2933,81148,00.html
Exhibit 43:
9/2004: President Bush has Saddam’s Pistol
http://findarticles.com/p/arti.....cm_ven=YPI
The wiretapping is what I really think he needs to be impeached for, although a lot of the other examples you listed are equally disturbing.
Picard60, you’re so correct! Let’s add to that list: Papa Bush’s pardon to Caspar Weinberger and other Iran-Contra figures on December 20, 1992! Isn’t this fun? Yes, it’s not the first time something outrageous like this has happened. But where Clinton lied about something that wasn’t directly related to the case (there was NOTHING linking Monica Lewinsky and Paula Jones except for the fact that the man couldn’t keep his pants on), and Ford at least cited the need to keep the nation from breaking apart under the chaos that was Watergate (and I disagree– Nixon should have been tried and sentenced), we are dealing here with a President who is commuting the sentence of someone who has been convicted of four felonies, lied to an FBI agent, lied to impede a criminal investigation, and more to the point, someone in his own administration. The investigation points to the probable involvement of the Vice-President, and there are questions about whether Bush was involved as well. A pardon or commutation should not have been granted at all in this case; there’s a likelihood that this commutation benefits the President directly, and that is unethical.
The Rita case is pertinent because aside from the matter that Rita was being tried for, he was otherwise an “exemplary citizen.” His attorneys argued that his overall contribution to society and his overall character mitigated whatever punishment he was given. The government, Bush’s OWN government, argued that sentencing guidelines had to apply no matter what; Rita was given 33 months (a similar sentence to Libby’s). Bush is now arguing that the commutation he granted was based on similar merits in Libby’s case. He didn’t really even “commute” the sentence (again, Libby has not served a DAY in a jail or prison), he threw all of it out. This totally contradicts the government’s own arguments, and I suspect this self-serving act of commutation will come back and bite Bush and the government in the ass.
Interestingly enough, Libby promptly paid his fine the same day Bush awarded him the commutation:
http://www.thesmokinggun.com/a.....ibby1.html
This reinforces my suspicion his defense fund is paying the cost of the fine. Add to that the fact that Judge Walton is now unsure if “supervised release” can even be applied, and Libby gets to walk for lying and obstruction of justice.
What really bothers me (aside from Bush’s actions, the Plame case, the underlying rationale for Iraq), is that a President is supposed to set an example for the nation. Mind you, I was disgusted by Clinton’s philandering. I think Nixon deserved what he got, and more. The example Bush is setting here is inappropriate– he is in essence condoning lying and obstruction of justice. If he were now to claim that it’s only in these circumstances, that makes him even more of a hypocrite.
I agree with your final comment– I think there need to be some limits on when commutations and pardons are granted. The fact that Bush completely ignored the guidelines/rules/laws of the Pardon Attorney’s office is also very disturbing.
David:
Aren’t you being a bit sanctimonious here today?
It’s odd that liberals like you (and especially Bill and Hillary Clinton with their criticism) seem to forget what had transpired on January 20, 2001.
http://www.usdoj.gov/opa/pardonchartlst.htm
Christian, “sanctimonious” is in the eyes of the beholder– I consider myself to be more outraged than “sanctimonious,” thank you.
I don’t see you arguing against the essence of what I had to say– I take it that means you agree with me that lying and obstruction of justice are offenses that should be punished? As an attorney, you had to take the MPRE, and I’m sure Libby had the opportunity in his career to take (or be made aware of) ethics and current obligations to the profession.
What you’re dangling here is somewhat of a red herring– the Rich case has nothing to do with the present situation. Marc Rich’s pardon didn’t directly benefit the President or Vice-President, or shield either of them from awkward questions. That said, I was completely disgusted with the Rich pardon, and Bill Clinton has a bit of chutzpah, given the Rich pardon, to criticize the current commutation. I think Hillary Clinton is walking a very thin tightrope because of what her husband did, and her statements thus far show it.
Marc Rich cheated the IRS, and in turn the federal government; Libby obstructed a federal criminal investigation where the underlying issue was the leaking of a CIA agent’s identity to the world, which constitutes treason. Both are serious offenses, and both should be punished. Unfortunately, Marc Rich walked, and Libby’s walking…
Nope. This America began on September 12, 2001, when Wolfowitz (or Cheney) first said, “Do you think we should attack Iraq now?”
We have to stand up and fight. Vote Democratic in 2008. The Republicans have, so far, only demonstrated that they will support Bush no matter what he does (with some notable exceptions).
And exactly what has the Democrat Congress demonstrated thus far this year?
Oh, minimum wage, reducing student loans, equal pay for women, stem cell research, and a whole host of issues. Much more than what the 109th Republicrap Congress did the previous year.
What about the Six for ‘06 promises (bills) Pelosi made in November?
I believe none of them have reached the President’s desk.
And there’s that pesky issue of earmark reform. I believe Pelosi has totally contradicted herself and gave up on transparency.
To me, it’s a whole lot of promises and nothing.
And, Noelle, it’s kind of childish to use disparaging names. I’m not saying you have to like the Republicans, but it’s not cool to say ‘crap’ or whatever. But if that’s who you are, then I guess there’s nothing I can do.
You called this Congress the “Democrat” Congress. It’s actually the Democratic Congress. It’s like how Republicans call the Democratic Party the Democrat Party. It’s an intentional slur.
The reason none of them have reached the President’s desk is because of the slim Democratic majority in the Senate, and the fact that this present administration is a Republican one.
Like “JT” said, I have trouble seeing how this could be considered a legal precedent, contrary to what some of the bloggers are saying. I am not an attorney either but I would think that, at best, a defense attorney would use President Bush’s words as a persuasive attempt as part of their strategy to sway the judge, but that would be the limit they could do.
David: I think that’s great you are on your soapbox about lying and covering up. Might I encourage you to look at President Clinton’s rather famous quote of “It depends on what the meaning of the words ‘is’ is.” during his grand jury testimony of his Monica Lewinsky affair. Also, using your analogy, how does that square with President Gerald deciding to grant a full pardon to President Nixon, which was seen by many as an attempt to minimize the political fallout?
My point is simple: President Bush is far from alone in the annals of Presidential history from seeking to use his authority to accomplish what he feels is (or was) the right thing to do.
*Edit was made here. “Jared” was changed to “David”*
Scott, I agree that persuasion is the main tool here; what the problem is is that such an argument will expose the paradox/hypocrisy of Bush’s act(I expand on this a little more above in my response to Jt), and it will drag out cases further, thus adding to time, costs, and energy in cases where there shouldn’t be any questions. Plus it leaves the door open to a judge possibly ruling in a particular case that the defense attorney’s citing has merit. Despite the hints recently that the new Supreme Court justices don’t plan to strictly follow precedent, most jurists respect the principle of stare decisis.
Coincidentally, this issue may be used by a Hamas suspect’s lawyer. See here:
http://www.nysun.com/article/57843
Spending time on this and other similar cases will be headaches for prosecuting attorneys.
As for Clinton, he deserved to be rebuked for his lie. However, lying about having an affair and lying about a matter of treason aren’t directly comparable. They’re both lies, and should not have been told, but I’d rank treason and the blocking of any investigation into treasonous conduct a lot higher than I would getting a blowjob. Clinton was never convicted of perjury (he was cleared of all charges). Clinton’s deposition was in a civil trial; Libby’s case was a criminal one about potential treason. A big difference, don’t you think? Morally, both men are/were wrong.
As for Ford, I commented on that above. It was the wrong thing to do (Nixon should have been tried for his crimes).
[Editor: thanks! I happen to like the name “David,” although “Jared” is a nice name too. *grin*]