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In his tenure as governor of Texas and as president, George W. Bush has demonstrated that he doesn’t believe in pardons and clemency. That’s for whimps… unless, of course, it’s your own advisor who’s involved, and he’s caught flatout lying to a grand jury. In that case, of course, things are different.
Today a federal appeals court rejected Scooter Libby’s request that he be permitted to stay out free pending argument of his appeal. Within minutes, President Bush intervened to prevent Libby, his national security advisor, from serving time in prison. He commuted his sentence.
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.
This act put the lie to Bush’s claims that he was not following the case and was not prepared to intervene. He obviously decided at the outset that his friend would never serve time in jail. Moreover, the White House has acknowledged that it did not consult the Department of Justice on this decision and that the decision violates the Department of Justice’s guidelines. Again, Bush’s actions fit a pattern. Political judgment is substituted for the judgment of an independent prosecutor. The Department of Justice exists to receive and implement political instructions, nothing more.
Libby was prosecuted by a special prosecutor of unquestioned independence and integrity. On the other hand, evidence is now mounting all across the country of politically tinged prosecutions brought by Bush’s Justice Department designed to attack political adversaries.
The Bush Administration’s double standard has just gotten much more intense. Democrats – like Don Siegelman in Alabama and Georgia Thompson in Wisconsin – will be convicted and have the book thrown at them, though they are innocent and have been the target of a corrupt vendetta. But Bush’s inner circle and those it values will be protected from harm, though they have been justly prosecuted and are certainly guilty. Bush has every right to intervene to protect his friend, and his motives in doing so cannot be challenged in any process but the political one.
But this act can only heighten concerns about the putrid state of justice in Bush’s Administration, and it must heighten our resolve to stand against it.
And by the way: Siegelman’s lawyers make the obvious point. If Libby gets a commutation, what about us? Under the reasoning articulated in Bush’s commutation statement, Siegelman should be out of prison within hours. Of course, he belongs to the wrong party… Laura McGann has the story at Talking Points Memo.
More from Scott Horton:
Six Questions — October 18, 2014, 8:00 pm
Nathaniel Raymond on CIA interrogation techniques.
On a Friday evening in January, a thousand people at the annual California Native Plant Society conference in San Jose settled down to a banquet and a keynote speech delivered by an environmental historian named Jared Farmer. His chosen topic was the eucalyptus tree and its role in California’s ecology and history. The address did not go well. Eucalyptus is not a native plant but a Victorian import from Australia. In the eyes of those gathered at the San Jose DoubleTree, it qualified as “invasive,” “exotic,” “alien” — all dirty words to this crowd, who were therefore convinced that the tree was dangerously combustible, unfriendly to birds, and excessively greedy in competing for water with honest native species.
In his speech, Farmer dutifully highlighted these ugly attributes, but also quoted a few more positive remarks made by others over the years. This was a reckless move. A reference to the tree as “indigenously Californian” elicited an abusive roar, as did an observation that without the aromatic import, the state would be like a “home without its mother.” Thereafter, the mild-mannered speaker was continually interrupted by boos, groans, and exasperated gasps. Only when he mentioned the longhorn beetle, a species imported (illegally) from Australia during the 1990s with the specific aim of killing the eucalyptus, did he earn a resounding cheer.
Percentage of Britons who cannot name the city that provides the setting for the musical Chicago:
An Australian entrepreneur was selling oysters raised in tanks laced with Viagra.
A tourism company in Australia announced a service that will allow users to take the “world’s biggest selfies,” and a Texas man accidentally killed himself while trying to pose for a selfie with a handgun.
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“Shelby is waiting for something. He himself does not know what it is. When it comes he will either go back into the world from which he came, or sink out of sight in the morass of alcoholism or despair that has engulfed other vagrants.”