-Caveat Lector-
Begin forwarded message:
From: [EMAIL PROTECTED]
Date: July 3, 2007 3:35:25 PM PDT
To: [EMAIL PROTECTED]
Cc: [EMAIL PROTECTED], [EMAIL PROTECTED], [EMAIL PROTECTED]
Subject: Founding Fathers Discussed How to Handle a President Like
Bush
Obstruction of Justice, Continued
By Dan Froomkin
Washington Post, July 3, 2007; 3:22 PM
http://www.washingtonpost.com/wp-dyn/content/blog/2007/07/03/
BL2007070301366.html?hpid=moreheadlines
During the course of I. Lewis "Scooter" Libby's trial for
obstruction of justice and perjury, we learned a lot about his bosses.
Incremental discoveries that didn't garner major headlines
nevertheless added to what we know -- and can reasonably surmise --
about Vice President Cheney and President Bush's role in the leak
of CIA agent Valerie Plame's identity, which was revealed during
the course of the administration's defense of its decision to go to
war in Iraq.
We know, for instance, that Cheney was the first person to tell
Libby about Plame's identity. We know that Cheney told Libby to
leak Plame's identity to the New York Times in an attempt to
discredit her husband, who had accused the administration of
manipulating prewar intelligence. We know that Cheney wrote talking
points that may have encouraged Libby and others to mention Plame
to reporters. We know that Cheney once talked to Bush about Libby's
assignment, and got permission from the president for Libby to leak
hitherto classified information to the Times.
We don't know why Libby decided to lie to federal investigators
about his role in the leak. But it's reasonable to conclude -- or
at least strongly suspect -- that he was doing it to protect
Cheney, and maybe even Bush himself.
... Bush's decision yesterday to commute Libby's prison sentence
isn't just a matter of unequal justice. It is also a potentially
self-serving and corrupt act.
Was there a quid pro quo at work? Was Libby being repaid for
falling on his sword and protecting his bosses from further
scrutiny? Alternately, was he being repaid for his defense team's
abrupt decision in mid-trial not to drag Cheney into court, where
he would have faced cross-examination by Fitzgerald?
Bush and Press Secretary Tony Snow this morning continued to
stonewall when it comes to any of the important questions about
this case, Cheney and Bush's involvement, and the commutation
itself. Bush said he wouldn't rule out a future pardon for Libby
-- but didn't have much else new to say. Snow was simply ducking
questions while asserting repeatedly that the president is entitled
to exercise his clemency power however he sees fit.
It's true that the Constitution grants the president unlimited
clemency and pardon power. But presidents have generally used that
power to show mercy or, in rare cases, make political amends -- not
to protect themselves from exposure.
The Framers, ever sensitive to the need for checks and balances,
recognized the potential for abuse of the pardon power.
According to a Judiciary Committee report drafted in the aftermath
of the Watergate crisis:
"In the [Constitutional] convention George Mason argued that the
President might use his pardoning power to 'pardon crimes which
were advised by himself' or, before indictment or conviction, 'to
stop inquiry and prevent detection.'
"James Madison responded: 'If the President be connected, in ANY
SUSPICIOUS MANNER, with any person, and there be grounds [to]
believe he will shelter him, the House of Representatives can
IMPEACH him; they can remove him if found guilty.'
"Madison went on to [say] that the President could be suspended
[from office] WHEN[EVER] SUSPECTED, and his powers would devolve on
the Vice President, who could likewise be suspended [from office]
until impeached and convicted, IF HE WERE ALSO SUSPECTED."
See what's free at AOL.com.
www.ctrl.org
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Let us please be civil and as always, Caveat Lector.
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