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July 3rd, 2007

The President Nixon Wished He Could Have Been

You have to think that there are people in Washington, almost certainly among the punditboro, now thinking to themselves that Nixon should have just pardoned the Watergate Burglars immediately…then he wouldn’t have needed to worry about burning his secret White House tape recordings because the investigations would have ground to a halt. 

But back then Nixon would have still had to worry about impeachment in a way Bush never will.  The republican party hadn’t yet sunk into the depths it has today.  Today, if Bush was caught stuffing money he’d just stolen from a bank into the g-string of a 12 year old pole dancer (of either sex) on the White House lawn the republicans wouldn’t impeach him.  If Bush walked out of the White House and shot a random tourist in the head the republicans wouldn’t impeach him.  There’s no way they’re going to let him be impeached over the Scooter Libby affair.

Joshua Marshall is probably your best online resource for understanding this story

Many others will note this but I feel obliged to do so for the record. The real offense here is not so much or not simply that the president has spared Scooter Libby the punishment that anyone else would have gotten for this crime (for what it’s worth, I actually find the commutation more outrageous than a full pardon). The deeper offense is that the president has used his pardon power to shortcircuit the investigation of a crime to which he himself was quite likely a party, and to which, his vice president, who controls him, certainly was.

The president’s power to pardon is full and unchecked, one of the few such powers given the president in the constitution. Yet here the president has used it to further obstruct justice. In a sense, perhaps we should thank the president for bringing the matter full circle. Began with criminality, ends with it.

And…especially…this :

Another point I’m obliged to make.

Here on the Times Oped page you’ll see David Brooks column claiming that the information Joe Wilson brought before the public four years ago turned out to all be a crock, a bunch of lies. And we’ll let Brooks’ scribble be a stand-in for what you will hear universally today from the right — namely, that just as Scooter Libby was charged with perjury and not the underlying crime of burning an American spy, the deeper underlying offense, the lie about uranium from Africa, didn’t even exist — that at the end of the day it was revealed that Wilson’s claims, which started the whole train down the tracks, were discredited as lies.

You’ll even hear softer versions of this claim from mainstream media outlets not normally considered part of the rump of American conservatism.

There aren’t many subjects on which I claim expertise. But this is one of them. I think I know the details of this one — both the underlying story of the forgeries and their provenance and the epi-story of Wilson and Plame — as well as any journalist who’s written about the story. The Fitzgerald investigation is probably the part of it I know the least about, comparatively. (It is also incumbent on me to say that in the course of reporting on this story over these years I’ve gotten to know Joe Wilson fairly well. And I consider him a friend.)

And with that knowledge, I have to say that the claim that Wilson’s charges have been discredited, disproved or even meaningfully challenged is simply false. What he said on day one is all true. It’s really as simple as that.

Really.  The entire Wilson/Plame affair is a textbook example of how the republican party Mighty Wurlitzer operates, hand in glove with the Washington press and the Washington punditboro.  Never mind talk radio.  This was an inside job.  The beltway cool kids have been as unanimous in calling for Scooter’s pardon for obstructing justice in the case of outing a CIA agent as political retribution, as they were in calling for Clinton’s head for obstructing justice over a blow job.

There’s a tendency, even among too many people of good faith and good politics, to shy away from asserting and admitting this simple fact because Wilson has either gone on too many TV shows or preened too much in some photo shoot. But that is disreputable and shameful. The entire record of this story has been under a systematic, unfettered and, sadly, largely unresisted attack from the right for four years. Key facts have been buried under an avalanche of misinformation. The then-chairman of the senate intelligence committee made his committee an appendage of the White House and himself the president’s bawd and issued a report built on intentional falsehood and misdirection.

No one is perfect. The key dividing line is who’s telling the truth and who’s lying. Wilson is on the former side, his critics the latter. Everything else is triviality.

Garrison Keller was right: they’re republicans first and Americans second.  Not just the men in power, but their courtiers in the news media and the punditboro.  When they tell you that the break president Junior gave Scooter Libby is no big deal they are looking you right in the eye and lying through their teeth.  It is exactly as Joshua Marshall says it is: "…the president has used his pardon power to shortcircuit the investigation of a crime to which he himself was quite likely a party, and to which, his vice president, who controls him, certainly was."  And that crime wasn’t a blow job in the White House, it was damage to our intelligence gathering abilities, done for the sake of silencing a critic, sending a warning to others, and bringing the intelligence community to heel.  When you see one of these gutter crawling thugs solemnly saluting the flag this Forth Of July, and speaking of the patriotism, and their love for America, remember it.

The prosecutor in the Plame case, Fitzgerald, issued the following statement regarding Bush’s commutation of Libby’s sentance…

We fully recognize that the Constitution provides that commutation decisions are a matter of presidential prerogative and we do not comment on the exercise of that prerogative.

We comment only on the statement in which the President termed the sentence imposed by the judge as “excessive.” The sentence in this case was imposed pursuant to the laws governing sentencings which occur every day throughout this country. In this case, an experienced federal judge considered extensive argument from the parties and then imposed a sentence consistent with the applicable laws. It is fundamental to the rule of law that all citizens stand before the bar of justice as equals. That principle guided the judge during both the trial and the sentencing.

Although the President’s decision eliminates Mr. Libby’s sentence of imprisonment, Mr. Libby remains convicted by a jury of serious felonies, and we will continue to seek to preserve those convictions through the appeals process.

Bush, through his press secretary, has indicated he may pardon Libby outright.  Look for that to happen if Libby keeps loosing his appeals.  Expect the Washington press to rejoice if he does.

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