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weaktwosBefore I begin to provide my .02, I'll just attach the Libby Indictment for reference.
There's a lot of interesting back and forth going on here at the Volokh Conspiracy.
Here's a quick blurb from Professor Michael Dorf of Columbia.
So many things to consider here. Far more for my non-lawyer brain to dilute appropriately.
There's the strategy behind commuting versus pardoning. If Bush had given a pardon, that would have been an acknowledgement of guilt. Commute does not interfere with the appeal process, or deny Scooter access to the fifth amendment. This means no one admits anything at this point.
I'm sure more legal analysis will ensue, it will be interesting to see what our Congress does to respond. The argument over legality appears to hinge on this portion of the Constitution:
Sec. 1.3 Eligibility for filing petition for commutation of sentence.
No petition for commutation of sentence, including remission of fine, should be filed if other forms of judicial or administrative relief are available, except upon a showing of exceptional circumstances.
Supporters of Libby still seem to argue the facts of the case. That Plame's status wasn't really classified. Well, too late, jerkies. They resolved that issue.
Sidebar: Almost a year ago, Plame and Wilson sued Cheney et al claiming they ruined her career. I'm not sure where this case is at, if it was allowed to continue, but here's an interesting quote:
There is no clear legal rule on that point, but the Supreme Court ruled in 1982 that a fired whistle-blower could not sue the president, and Cheney would be likely to argue that the same should apply to him, legal analysts said.
Now isn't this quote a little more interesting in light of Cheney's stance that he's neither part of the Executive nor Legislative branch?
Back to Scooter. Bush thinks the sentence was excessive. However, it was within the guidelines of the law. The judge went towards the high end because, based on the testimony in court, he felt that Scooter's conduct was particularly egregious given his station in the Government. I find that somewhat compelling. There are plenty of reasons citizens do not trust government, and this is just another brick in the wall.
To sum up, I am offended, but not surprised that Bush took this tactic. However, this whole situation has such a rotten odor to it. We were led into conflict with Iraq under false pretenses and our soldiers have died and are dying for this cause that continues to take a toll on us. When our soldiers are sent to war under false pretenses, it is, in my opinion, akin sentencing our soldiers to death for serving their country unconditionally. And that, most assuredly, is excessive. Bush feels that Scooter serving time at Club Fed is too excessive. Maybe he's right, as Dorf suggests, but he certainly doesn't have a track record of showing such compassion for individuals who are not serving in his administration.
And yes, it is unfair of me to make Scooter the Scapegoat for the Iraq war. But if you want to talk about the body of someone's public service, I'm not seeing where his contribution to our government has been so noteworthy for the President to intervene.
Furthermore, when such information was brought to light that our facts were not straight, those involved were punished (the Wilsons). Journalists went to prison over this. What an amazing debacle.
There's a lot of interesting back and forth going on here at the Volokh Conspiracy.
Here's a quick blurb from Professor Michael Dorf of Columbia.
So many things to consider here. Far more for my non-lawyer brain to dilute appropriately.
There's the strategy behind commuting versus pardoning. If Bush had given a pardon, that would have been an acknowledgement of guilt. Commute does not interfere with the appeal process, or deny Scooter access to the fifth amendment. This means no one admits anything at this point.
I'm sure more legal analysis will ensue, it will be interesting to see what our Congress does to respond. The argument over legality appears to hinge on this portion of the Constitution:
Sec. 1.3 Eligibility for filing petition for commutation of sentence.
No petition for commutation of sentence, including remission of fine, should be filed if other forms of judicial or administrative relief are available, except upon a showing of exceptional circumstances.
Supporters of Libby still seem to argue the facts of the case. That Plame's status wasn't really classified. Well, too late, jerkies. They resolved that issue.
Sidebar: Almost a year ago, Plame and Wilson sued Cheney et al claiming they ruined her career. I'm not sure where this case is at, if it was allowed to continue, but here's an interesting quote:
There is no clear legal rule on that point, but the Supreme Court ruled in 1982 that a fired whistle-blower could not sue the president, and Cheney would be likely to argue that the same should apply to him, legal analysts said.
Now isn't this quote a little more interesting in light of Cheney's stance that he's neither part of the Executive nor Legislative branch?
Back to Scooter. Bush thinks the sentence was excessive. However, it was within the guidelines of the law. The judge went towards the high end because, based on the testimony in court, he felt that Scooter's conduct was particularly egregious given his station in the Government. I find that somewhat compelling. There are plenty of reasons citizens do not trust government, and this is just another brick in the wall.
To sum up, I am offended, but not surprised that Bush took this tactic. However, this whole situation has such a rotten odor to it. We were led into conflict with Iraq under false pretenses and our soldiers have died and are dying for this cause that continues to take a toll on us. When our soldiers are sent to war under false pretenses, it is, in my opinion, akin sentencing our soldiers to death for serving their country unconditionally. And that, most assuredly, is excessive. Bush feels that Scooter serving time at Club Fed is too excessive. Maybe he's right, as Dorf suggests, but he certainly doesn't have a track record of showing such compassion for individuals who are not serving in his administration.
And yes, it is unfair of me to make Scooter the Scapegoat for the Iraq war. But if you want to talk about the body of someone's public service, I'm not seeing where his contribution to our government has been so noteworthy for the President to intervene.
Furthermore, when such information was brought to light that our facts were not straight, those involved were punished (the Wilsons). Journalists went to prison over this. What an amazing debacle.
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no subject
Date: 2007-07-03 03:54 pm (UTC)http://www.forbes.com/feeds/ap/2007/07/03/ap3881281.html
It's sad that I'm not at all surprised to see this.
no subject
Date: 2007-07-04 12:00 am (UTC)