« previous | MUCK HOME | next »
Libby Drops Appeal
The president's commutation saved Scooter Libby from the terrible excess of a 30-month jail sentence. But it looks like Libby has resigned himself to accepting the injustice of the fine, probation, and felony conviction that will remain with him always. Breaking from the AP:
Former White House aide I. Lewis "Scooter" Libby is dropping his appeal in the CIA leak case, his attorney said Monday...."We remain firmly convinced of Mr. Libby's innocence," attorney Theodore Wells said. "However, the realities were, that after five years of government service by Mr. Libby and several years of defending against this case, the burden on Mr. Libby and his young family of continuing to pursue his complete vindication are too great to ask them to bear."
Update: Back in July, after the president's commutation, then-spokesman Tony Snow refused to discuss the Valerie Plame leak at all because Libby's case was still on appeal. After Libby's appeals were exhausted, he said, "we'll deal with it." Well, no time like the present!
Excerpts from that press briefing are below.
Q Tony, one point that is not in dispute is that Karl Rove was involved in the leak, in some way he was involved. He talked to at least two reporters who ended up publishing this information. In 2004, the President said -- he didn't talk about convictions or anything -- he said he would fire anyone in this White House who was involved in the leak. We now know Karl Rove was involved; he did not fire him.MR. SNOW: There are two things to note. We have also said that we do not -- we are not going to make comments in detail until the legal process is over. And it is not; there is still an appeal through --
Q You just put out a two-page statement. He commented --
Q Wait a minute, he just put out this statement, and it's it's over.
Q He commented -- how could you not --
Q Yes, he's commented now, so that's a big -- we can shoot holes in that statement.
MR. SNOW: No, on follow-on issues like this that still may have bearing and an issue that may return to trial, I'm not going to comment on it.....
Q Tony, you didn't answer the question about Karl Rove, though. So why wasn't Karl Rove fired?
MR. SNOW: The reason I said that is because you're asking a question that still may be arising -- may be a subject of inquiry and ongoing --
Q How many years is it going to take? I mean, the President made that statement in 2004.
Q Fitzgerald said it's over.
Q Fitzgerald said it's over.
MR. SNOW: Well, Patrick Fitzgerald is not the one responsible for making a final decision on appeals. And I believe that --
Q -- other special prosecutor?
MR. SNOW: I believe that the Libby team, at this point, still has before the court an appeal.
Q The President didn't wait for the appeals.
Q What's the point of the statement --
MR. SNOW: No, no, no, the point was that some of these issues -- it certainly does, because these are things that may come up as questions within the context of further trial.
Q How does this square with the President saying, anybody who leaks in my White House, anybody who doesn't follow the law, is not going to work for me?
MR. SNOW: Well, once we get -- once we get final determination on that, we'll deal with it.





Comments (18)
His appeal was irrelevant anyhow, given that his jail sentence was commuted and will probably be pardoned anyhow at the end of Bush's term.
Speaking of which, are any of the Democrats paying attention here? Hello??? If Bush is allowed to give pardons (for which I expect there to be hundreds, if not thousands) absolving this administration and the GOP of criminal wrongdoing, this experiment in democracy is finished. Cheney and Bush need to be frog marched out of the White House if for the only reason that they are unable to grant ANY pardons whatsoever.
December 10, 2007 10:45 AM | Reply | Permalink
Libby need not worry. He will not do any "time" in/at a heavily locked down prison, and besides that, his presidential pardon is just around the corner.
In fact, there's nothing that says Bush can't pardon him today.
You don't have to be a blind conservative not to see it, just an ignorant one to deny it.
December 10, 2007 10:46 AM | Reply | Permalink
Didn't Libby have a massive defense fund? Where do those funds go now that there is no appeal?
December 10, 2007 10:51 AM | Reply | Permalink
there's nothing that says Bush can't pardon him today.
He'll wait until after the election. No rush -- Scooter isn't facing any prison time, and I'm sure he's got a little office at AEI or someplace with a fat salary until he can get his law license back.
December 10, 2007 11:10 AM | Reply | Permalink
Shorter Ted Wells: the pardon's in the bank, so why bother with the appeal?
Still, picking up on what David Kurtz says, it means that Dana Perino will need a new excuse to avoid talking about it.
December 10, 2007 11:21 AM | Reply | Permalink
I'd like to know if Scooter is still a registered voter in McLean, VA.
Convicted felons are denied the vote - so if he's on there, he needs to come off.
Anyone care to probe?
Fairfax County Office of Elections
12000 Government Center Parkway, Suite 323
Fairfax, Virginia 22035-0081
703-222-0776 phone
703-324-2205 fax
703-324-4700 for 24-hour recorded information
December 10, 2007 11:24 AM | Reply | Permalink
This needs to be investigated. Get Libby in front of a committee, put him under oath, and ask if he's dropping his appeal because he's been promised a pardon. That'll get the truth out of him. Oh, wait ...
December 10, 2007 11:30 AM | Reply | Permalink
I can guarentee that Perino will say that this is not a story that the President thinks about, it's history and the WH has moved on. Next question?
December 10, 2007 11:34 AM | Reply | Permalink
I'll go with..."knowing the time-wasting Democrats, who would rather waste time on useless investigations rather than get the country's work done, there will probably be another appeal, so we don't want to comment on it at this time."
Hell, they're playing it with "Iran might be dangerous *some day*", so why not.
December 10, 2007 11:46 AM | Reply | Permalink
B.S... he ain't gonna have a conviction for long... saw a good article over, I think? on Reuters, mentioning that, had he continued his appeal, that would only have resulted in a new trial... the type of thing which would take his legal issues over into another administration.
by dropping his appeal now, he sets himself up perfectly for dubya to give him a quiet pardon on his way out the door...
December 10, 2007 11:50 AM | Reply | Permalink
The Republicans expressed such outrage of any Clinton pardons. It seems their hypocritical nature is revealed in how they view any criminal wrongdoing of the Bush administration. They investigated for the last six years of the Clinton administration, but blocked any Congressional investigations until the Democrats retook coverage. I expect some shocking revelations to come out, once the Supreme-court Bush is out of office. I think the entire Bush family should be loaded on a plane to exile in Saudi Arabia or go to prison. Seize all their money that Daddy has made off the Saudis and others in the Middle East.
December 10, 2007 11:50 AM | Reply | Permalink
Well, we all know what follows "We can't talk about an ongoing investigation." After that, you get to "The American people have moved on, and the president has moved on. We don't need to address this old example of bitter partisanship brought up by angry Democrats."
December 10, 2007 11:56 AM | Reply | Permalink
danger,
There really is nothing stopping Bush from pardoning members of his own administration for their criminal wrongdoing and there never has been. The pardon power is essentially unreviewable. Just ask Richard Nixon and Gerald Ford. This (and prosecutorial discretion) is why calls by the Democrats for the administration to prosecute itself are meaningless (especially now that the independent counsel statute has expired). At the moment, Bush owns every aspect of criminal prosecution and no one can force him to prosecute and no one can stop him from pardoning someone who is convicted.
However, the pardon power is not the only unreviewable power in the Constitution. Congress has the essentially unreviewable power to impeach officers of the US (just about everybody who's important) for almost any wrongdoing. I'm not saying they have to impeach Bush, but it wouldn't hurt for them to exercise this power from time to time towards some executive official.
December 10, 2007 1:28 PM | Reply | Permalink
Just because he is not going to appeal, it doesn't necessarily mean he won't petition for a writ. You have to parse every word with these guys.
December 10, 2007 2:04 PM | Reply | Permalink
A daring future (D-President) could possibly issue executive orders to nullify pardons, but even in such a scenario it would become apparent that the executive will have reached such a totalitarian end. You're right, anon, it wouldn't hurt for them to exercise that authority once in a while, but it's become apparent that Congress has lost all of it's intended original functions and has turned into a bill printer for the Executive. It seems that as a legislative body, all they care about are their own paychecks.
Getting ourselves out of this mess will prove to be just as treacherous as getting ourselves in the mess in the first place. I wonder if this is really the last throes of our democracy and nation.
December 10, 2007 2:19 PM | Reply | Permalink
It will be interesting to see whether any of the Committees of jurisdiction now seek Mr. Libby's testimony. With the withdrawal of his appeal he is now largely unprotected by the 5th Amendment, and most likely be compelled to testify before Congress.
December 10, 2007 4:40 PM | Reply | Permalink
Excuse my obtuseness, but if Libby is so unconvinced of the success of his case to clear his name, why in the world would Bush grant him a pardon? It looks to me that Libby is finally admitting his guilt.
December 10, 2007 10:30 PM | Reply | Permalink
Of course, Pres Bush will -- and should -- pardon Mr. Libby; it is only the right and proper thing to do. And the next right and proper thing to do is fire Mr. Fitzgerald for his unethical conduct as a prosecutor.
December 11, 2007 12:40 AM | Reply | Permalink