The only real talk about a presidential pardon for Scooter Libby (or anyone else in the Plame scandal) has been coming from the left — the White House won’t comment on the possibility at all — but that’s all the more reason for Dems to get out in front of the issue. That’s what Harry Reid and other Dem leaders did today in a letter to Bush.
Although it is too early to judge Mr. Libby guilty or innocent of these particular charges, it is not too early for you to reassure the American people that you understand the enormous gravity of the allegations. To this end, we urge you to pledge that if Mr. Libby or anyone else is found guilty of a crime in connection with Patrick Fitzgerald’s investigation, you will not exercise your authority to issue a Presidential pardon.
It is crucial that you make clear in advance that, if convicted, Mr. Libby will not be able to rely on his close relationship with you or Vice President Cheney to obtain the kind of extraordinarily special treatment unavailable to ordinary Americans. In addition you should do nothing to undermine Mr. Fitzgerald’s investigation or diminish accountability in your White House. A pardon in these circumstances would signal that this White House considers itself above the law.
We also urge you to state publicly whether anyone in the White House — including White House counsel Harriet Miers or Vice President Cheney — has already discussed the possibility of a pardon with Mr. Libby. Particularly given that the American people are still in the dark about what precisely transpired in the White House with respect to the CIA leak, it would be highly inappropriate if there were such discussions going on behind the scenes.
This follows up on Reid’s remarks during his press briefing yesterday.
“I don’t know whether we’re going to call this Libby-gate or pardon-gate, but I think the president should come forward now — now — and say he’s not going to pardon any of the people involved in the leaking of classified information. He should do that.
“I think that, with his not coming forward to say that, it sends a message to the American people that isn’t a very good, positive message — message. I mean … are people in the White House being told by certain high-ranking officials in the White House not to worry; the president’s going to pardon you; don’t worry about it?”
Reid is clearly playing hardball here.
The only Republican I’ve heard raise the possibility of a Bush pardon is Joe diGenova, the GOP lawyer who investigated “filegate.” It’s not as if Senate Dems need to knock down a stated WH strategy.
Still, as Tim Grieve noted, there may be a message for Libby in all of this, in addition to a warning to Bush.
If Libby knows he’ll be pardoned, he has no incentive to cooperate with Fitzgerald and every incentive to simply drag out the prosecution as long as he possibly can. If, on the other hand, Libby knows that a pardon is off the table, he may decide it’s worth his while to strike a deal with Fitzgerald in which he gives up information on others in the White House — or force a trial in which Cheney and others White House officials would inevitably be forced to testify. The Democrats have got to like those prospects, and they know that the prospect of a presidential pardon could stand in the way of either of them.
With that, Reid’s letter may not be just another stunt to keep the Plame story alive.