Above the law

The day after Bush gave Scooter Libby his get-out-of-jail-free card, I’m still disgusted. It’s one thing to expect the worst from those who have no shame and know no limits; it’s another to actually get it. Yes, this president has probably done more offensive things during his reign of error, but commuting Libby’s sentence has to be the most blatant example of the president thumbing his nose at the nation and our institutions.

There are more than a handful of angles to consider as part of the broader controversy, but I think the New York Times editorial board touches on one of the key points.

Presidents have the power to grant clemency and pardons. But in this case, Mr. Bush did not sound like a leader making tough decisions about justice. He sounded like a man worried about what a former loyalist might say when actually staring into a prison cell.

Quite right. Yesterday’s decision, as offensive as it is, brings the leak scandal into the Oval Office — even more so. It necessarily gives the impression that Libby lied and obstructed justice in order to shield Bush and Cheney from their role in an even bigger crime. Even now, it’s frustratingly unclear why, exactly, Libby decided to lie so brazenly, which suggests that he’s covering up a more serious matter that might involve his only two WH bosses (the president and vice president). Amnesty only exacerbates these suspicions.

Taking a step back, however, I keep thinking about a 2001 quote from the president: “[W]e must always maintain the highest ethical standards. We must always ask ourselves not only what is legal, but what is right. There is no goal of government worth accomplishing if it cannot be accomplished with integrity.” Six years later, the remarks sound more like a punch-line than an approach to government. It’s a reminder of just how big an embarrassment the president is to himself and those around him.

The White House seems to be making a point of emphasizing that the president rejected the rule of law by himself.

For the first time in his presidency, Bush commuted a sentence without running requests through lawyers at the Justice Department, White House officials said. He also did not ask the chief prosecutor in the case, Patrick J. Fitzgerald, for his input, as routinely happens in cases routed through the Justice Department’s pardon attorney.

I’m not sure why this is supposed to make us feel better. The president and his ventriloquist VP got together and decided to fiddle with the sentence of a felonious friend? This is how the chief executive of a democracy is supposed to operate? With two cowards conspiring alone to undermine justice?

Hilzoy’s perspective summarized the broader dynamic nicely.

Bush, typically, didn’t bother even trying to come up with a decent explanation for what he did. He didn’t address questions like: Mightn’t this give people the idea that there are two different standards of justice, one for people with powerful connections and another for the rest of us? Is it OK to exempt your friends from the rule of law? Isn’t it especially problematic to commute someone’s sentence when you yourself might have had a hand in that person’s criminal actions? And double especially when no one other than the now-free criminal has been held to account, despite your earlier promises? […]

His words mean nothing. He wouldn’t recognize honor or dignity if they sat down next to him on the bus. He’s a narcissistic child with the intellectual curiosity of a limpet, a heart the size of a pea, and a hollow empty void where his character ought to be.

I don’t doubt that conservatives will quickly argue that the nation, which strongly opposed Bush coming to Libby’s rescue, just “get over it.” And perhaps, in time, this will just be another bullet point on a long list of Bush’s disgraces.

But some offenses are impossible to forgive. Manipulating the rule of law and the U.S. system of justice to serve personal and political ends is one of them. Indeed, in a reasonable political world, it’s an impeachable offense.

“The exercise of executive clemency is inherently controversial. The reason the framers of our Constitution vested this broad power in the Executive Branch was to assure that the president would have the freedom to do what he deemed to be the right thing, regardless of how unpopular a decision might be. Some of the uses of the power have been extremely controversial…”

Bill Clinton, My Reasons for the Pardons, NYT 2/18/01

  • Hmmm…I’m not sure that the Clinton comparison is germane.

    I think you meant to quote G. H. W. Bush on pardoning Casper Weinberger? That’s a more apt analogy.

  • I am not sure I remember the name but wasn’t it Carla Faye Tucker who was on death row and really had repented and really became a born again Christian???

    What did Governor Bush do about her case?

    He joked that she said ‘please don’t kill me’.

    It is amazing that you can joke about not stopping a death sentence and deciding that ‘even if Libby committed a felony that a few months in jail is an unfair punishment.’?

  • Manipulating the rule of law and the U.S. system of justice to serve personal and political ends is one of them. Indeed, in a reasonable political world, it’s an impeachable offense.

    But we’re forced to accept the whimpering excuse for not impeaching from the capitulant, complicit Dems who appear to be part of the Loyal Bushie Brownshirt Cabal. The “67-vote” retreat of cowardice is a pitiful excuse for not initiating impeachment of the traitors wrongfully occupying The People’s Executive Branch.

    Today America has officially been re-designated as a totalitarian dictatorship.

    We should not be afraid at all. We should be mad as hell that the leadership of the United States Federal Government is not upholding the Constitutional Republic that We, The People, established.

    NO MORE EXCUSES. IMPEACH ALL NOW. FOR THE LOVE OF GOD

  • You think that when Bush said that “We must always ask ourselves not only what is legal, but what is right” he wants to not only obey the law but go above and beyond that. But the fact is, he is saying that the law doesn’t matter, only his view of what is “right”.

  • Hey JRS Jr – Clinton had the balls to face is opponents. You insult him by bringing his name into this situation. I can’t guess your intentions, but chew on this –

    Clinton will be remembered as a good, if not great President.

    Bush will be always be a “Junior” – a small man, a terrible, if not the worst president.

    Perhaps (given your handle) you can relate to that aspect of our Commander Codpiece.

  • Hey, but as doubtful says, Dems should just let this go and focus on other things. Let these guys have the next 19 months to do what they do and continue to drive this once great country into the ground; not even bother to try and stop these thugs with all means available to them. My guess is that doubtful thinks that Dem opposition to this commutation would only hurt the Dems.

  • Hey Buzz– I Think Clinton was a good President too… I’m only pointing out how controversial these pardons are (and always have been). You can’t deny that some of the Clinton pardons left a scar on his legacy.

    BTW- Clinton faced his opponents of the pardons via the press AFTER he left office, so lets calm down a little re: the size of his balls.

    I also believe this Executive’s pardon power is complete rubbish, but that is for a different debate.

  • Yesterday’s decision, as offensive as it is, brings the leak scandal into the Oval Office.

    Quite right. This very same sentiment, of course, sent the blogosphere into hysterics when discussed by Obama’s lead counsel on HuffPo a week or so ago.

    It may be a huge miscarriage of justice, but there is — or at least should be — a huge consequence for Bush as a result of this action.

  • On the bright side, this should provide some pretty good fodder for Dem advertisements. Dems across the country should be doing what they can to force their GOP representatives and senators to take a side and comment on whether they support Bush’s decision on this. The comments received, together with some short, recent statements by Bush and Abu G. about the federal sentenceing guidelines and their application to ordinary americans, and then parts of Bush’s own words commuting Libby’s sentence should bring the message home to voters.

    Vote Democratic.

    For Justice.

    For all.

    Not just connected and wealthy Republicans.

  • OK, JRS, point taken. But I have a different view of history.

    But Clinton’s pardons left far fewer “scars” on the Presidency than Bush Sr.’s did. The Iran – Contra pardons IMO were far worse than anything Clinton did.

    But the circumstance that the Washington Press is a wholly owned & operated Republican subsidiary can obscure history. The perfumed press & pearl-clutchers of the Washington “village” has made Clinton’s bumps into mountains & the Bush & Reagan crime families (& their willing dupes) into heros.

  • Bush, and his supporters, have railed for years about liberal judges abusing their judicial discretion. They have supported restrictive sentencing guidelines that tie judges’ hands and force judges to impose stiffer sentences for crack offenders, for example, than for offenders who use powder cocaine. Judges, even conservative judges, have decried these guidelines as antithetical to the notion that each offender deserves to be treated individually, with his sins and flaws and virtues all taken into account. Recently the Supreme Court ruled that those guidelines are now only advisory, but many judges continue to follow them.

    The sentence imposed by Scooter’s judge fell within those guidelines. Bush had never claimed that the federal sentencing guidelines led to excessive sentences before, to my knowledge. Will he now review the pardon and commutation applications of drug offenders who are serving the equivalent of life for selling a little weed, or for possessing crack instead of powder cocaine

  • My wife and I were so disgusted last night upon hearing the news, we had to watch one of our West Wing DVDs as a salve for the wound to law.

    Actually, we’ve been watching it a great deal lately, if only to see–however fictional–how our country should be run, if the people in power were actually committed to the rule of law and the tenets of freedom.

  • Buzz — Must you always point and whine “that they were worse than us!”
    Why not just admit that virtually every President (both Dem and GOP) has some quite shameful pardons that go well above and beyond the law and opens each and every one of them up to ethical and political questions.

    Why not just do away with the power of the Executive Pardon and replace it with some sort of panel (appointed by the President at the beginning oh his/her term) that would include representatives of both parties to make these decisions?

  • Spin or rationalize it any way you wish, but at its core the Bush legacy will be the culture of death and corruption it has handed us through lies and deceit, whim and caprice. I am looking to my senators and congressman from California, my State senator and assemblyman, my governor , and my local elected officials to call this WH out for its crimes against America. As I’ve read before, Impeach, Convict and Remove! -Kevo

  • CB, I appreciate your heartfelt outrage at Bush’s action. But here’s the meme that should be beaten like a drum: The commutation of Libby’s sentence reveals President Bush to be a very weaken president; a president–whose popularity could decline further–that could be vulnerable to “a surge” of congressional power. When Dick Lugar spoke up last week, urging that a bipartisan deal on Iraq be made, he was anticipating Bush getting weaker; the scandals of the Justice Dept. and Libby are an opportunity for the Democrats to squeeze the Republicans hard.

  • “Why not just admit that virtually every President (both Dem and GOP) has some quite shameful pardons that go well above and beyond the law and opens each and every one of them up to ethical and political questions.”

    Now that just is not a true statement, and represents the zenith of false comparability. Even if Dem presidents have made some not so savory pardons, they simply are not comparable to those of the GOP presidents, solely for the fact that all of the controversial and shameful pardons by the GOP presidents have been to cover the asses of their political compadres, those who have performed egregious illegal acts while serving in the highest levels of government (and most of which happen to possibly provide cover for the further illegal acts of those doing the pardoning): Ford’s pardon of Nixon, Bush the elder’s pardons of the Iran-contra figures, and now Bush the flatulent’s pardon of Libby. The Dem pardons might in some ways cause some to question the general system of justice, but these GOP pardons go way beyond that and call into question the foundations of our government itself and the notion of accountability of our political figures to the American public.

    But I expect that you, JRS, Jr. would not understand such things.

  • Bush should resign. Politicians who respect the rule of law should call for his resignation.

    Bush’s pardon sure looks like Scooter is being looked after for protecting some greater malfeasance, so the question becomes, what did Scooter know and who else knows it? It’s time to step up the subpoenas and the grilling of WH officials.

  • Bubba is correct.

    Surely pardons have been used quite questionably in the past.

    But this one–this one that is connected, very clearly, to a much larger crime, which is the crime of lying about shenanigans undertaken to discredit (or ‘get back at’) someone who exposed as lies the rationales put forth by this Administration for a war (which, incidentally, have been spotlighted since as unquestionably lies), and a crime that has resulted in the death of over 3,600 Soldiers, Airmen, Marines, and Sailors, not including the tens of thousands of injuries/maimings, and not including the hundreds of thousands of Iraqis now dead–THAT is what makes this particular flavor of presidential sleight-of-hand so much more egregious than anyone before him.

    Really, there is no comparison here.

  • Well, there are many choices of who was the best, most important, or greatest president. There is less controversy on who might be the worst so maybe george is just making his place certain. WORST PRESIDENT EVER!

  • Over at Volokh Conspiracy, they’re trying to track down if George W. Bush has ever used a pardon to get somebody out of jail. Most of his pardons — and there have been relatively few — were symbolic, after-the-fact actions.

  • Hey, but as doubtful says, Dems should just let this go and focus on other things. -bubba

    I haven’t even commented on this article. Thanks, but I can speak for myself, and I never said Dems should let this go.

    Bubba, I’m sorry I don’t agree with you about impeachment, but disparaging me and pretending to speak for me is petty. You may want to rethink your method of convincing people that your opinion is right.

    My guess is that doubtful thinks that Dem opposition to this commutation would only hurt the Dems. -bubba

    Opposition to what? How are they to oppose a Presidential pardon, or this watered down version of it? Yes, I think they should be outspoken against it. I think they should point out all of those who agree with the President’s decision. I think they should shout it from the rooftops.

    It doesn’t change my opinion that impeachment is not the right move, now. As I said yesterday, I believe they should continue escalating just as Leahy said. Ultimately that may culminate with impeachment, when and if it’s the right time.

    I honestly don’t know what I ever did to you other than civilly disagree with you, but this bitter, immature post directed at me surprises me. I expected much more from you.

  • Another great pack of lies from the Bush archives:

    From “Remarks at a Swearing-In Ceremony for New White House Staff” (Jan. 22, 2001):

    …As we serve, we must always remember three things.
    First, we must remember the high standards that come with high office. This begins with careful adherence to the rules. I expect every member of this administration to stay well within the boundaries that define legal and ethical conduct. This means avoiding even the appearance of problems. This means checking and, if need be, doublechecking that the rules have been obeyed. This means never compromising those rules. No one in the White House should be afraid to confront the people they work for, for ethical concerns. And no one should hesitate to confront me, as well. We’re all accountable to one another. And above all, we’re all accountable to the law and to the American people. My White House Counsel, Al Gonzalez, is my point man on these issues. If you have even a hint of ethical doubt, I urge you to talk to Al.
    Second, we must remember that high standards of conduct involve not only obeying the law but showing civility. As we go about our work, there is no excuse for arrogance and never a reason for disrespect toward others. People who work here are highly visible throughout the Government. In many ways, in many of your dealings, you’ll be the face and voice of the White House staff. You will be my representative. I expect each of you, as an official of this administration, to be an example of humility and decency and fairness.
    And finally, we must all remember that we are here for a reason. You and I and the Vice President share the same goals for our country and the same commitment to achieving them. We are here to make progress. We are not here just to mark time. The next few weeks, we’ll affirm the central policy goals of this administration, beginning this week with education reform.

    From the Weekly Compilation of Presidential Documents at the GPO.

  • What was the right saying about perjury back in the Clinton days?

    Here are some delicious examples:

    * Robert Bork and James Rosen, writing in the National Review: “Lying under oath strikes at the heart of our system of justice and the rule of law. It does not matter in the least what the perjury is about.”

    * Representative Henry Hyde of Illinois, who from 1985 until 1991 was the ranking Republican on the House Select Committee on Intelligence: “If citizens are allowed to lie with impunity — or encourage others to tell false stories or hide evidence — judges and juries cannot reach just results.”

    * Roger Kimball, in a Wall Street Journal op-ed titled “Leftists Sacrifice Truth on the Altar of Friendship”: “In the culture wars that have been transforming American society since the 1960s, truth has been a conspicuous casualty: not only particular truths but also allegiance to the very ideal of truth as an indispensable component of any just and moral life. The competing, countercultural ideal holds that loyalty to the personal trumps loyalty to the truth….”

  • You’re right doubful. I apologize. Petty, yes. Immature, nah.

    That said, you state: “As I said yesterday, I believe they should continue escalating just as Leahy said. Ultimately that may culminate with impeachment, when and if it’s the right time.”

    That second sentence is 180 degrees from what you were commenting yesterday.

  • Our ersatz president blatantly thumbs his nose at the Constitution and citizens of the United States, while those who took an oath to “check and balance” his usurped authority give him a pass, won’t even mention the “I” word and get angry at those few in the media who ask about impeachment (and I’m not talking about reich-wing creeps; I’m talking about leaders like Pelosi and Reid, progressives like Sanders).

    This latest atrocity is further proof that America, as we have known for a couple centuries, is dead. Requiescat in pace.

  • Great posts #24 & # 25

    Thank you for your patriotic contribution to American democracy through the exercise of your Constitutional right to freedom of speech here at The Carpetbagger Report.

    After all, what is patriotic if it is not the practice of democracy and the free and unfettered exchange of ideas.

    Long live the Constitutional Republic of the United States.

  • “I honestly don’t know what I ever did to you other than civilly disagree with you, but this bitter, immature post directed at me surprises me. I expected much more from you.”

    Excuse him Doubtful, Bubba forgot to take his meds today

  • …I’d prefer the Dems proceed with caution, and continue the build up like Leahy is talking about. Don’t think I don’t want the Administration to pay for their crimes. It’s exactly that reason that I think impeachment is the wrong course of action now. -doubtful (yesterday, 7-2-07)

    http://www.thecarpetbaggerreport.com/archives/11311.html#comment-251197

    As I said yesterday, I believe they should continue escalating just as Leahy said. Ultimately that may culminate with impeachment, when and if it’s the right time. -doubtful (today 7-3-07)

    That second sentence is 180 degrees from what you were commenting yesterday. -bubba

    Exactly how are my two statements, the one you highlighted from my comment today and my closing on the issue yesterday, diametrically opposed?

    I may not have explicitly listed impeachment as the end result of escalation in my comments yesterday, but I said I didn’t think it was not the best option “now.” No where did I say “not ever.”

    That said, I accept your apology and leave you with my thoughts that the President’s actions yesterday have made my argument less tenable and that the moment when it is the right time, in my humble view, to impeach has drawn nearer.

  • doubtful, I will not go back to your posts and pull out the sections where I think you made it very clear that you did not believe impeachment should be pursued at any time. I do think that there are at least 2 statements made by you that clearly show your opinion was that impeachment simply should not be pursued, period, and that to do so would only hurt the Dems. The fact that you now think that impeachment is a potentially viable course of action to take is, to me, a good thing. I believe our only real difference in opinion is the manner of degree of evidence needed to support impeachment. The fact of the matter is that no one here who thinks sufficient ground existed prior to this Libby stain and who have called for impeachment necessarily believes that conviction in the Senate is guaranteed, due to the warped nature of most of those on the GOP side of the aisle. However, we feel that the Dems need to at least try impeachment (not necessarily of Bush–but not ruling him out–, but starting with Abu and possibly Cheney) if that is all that is available to them, and that they should do so confidently knowing that they are doing what is right and necessary to try and protect our Constitution and the American public, and to hold these criminals responsible for their own actions. They may fail to convict, but that is no reason for them to avoid doing all they can.

    But again, I apologize for my petty and smart-ass post.

  • Sorry, but I just don’t see where the case for impeachment is any stronger today than it was prior to the commutation. We (myself included) may be even more outraged than we were previously, but I don’t see that there is a stronger case.

  • Re: rickles @ #33

    You’d make a fine Democratic candidate for Congress then, maybe even president.

  • Try and calm down JKap. It takes a 2/3 majority vote in the Senate to remove a president from office. It’s in the Constitution. You don’t have to like it but that’s how it is.

    And in case you haven’t been paying close attention for the last six or seven years there simply exists no argument so compelling, no criminal act shameful enough to convince 17 Republicans (or even 16 Republicans and 1 Lieberman) to join Democrats in voting to remove Bush. You could bring in irrefutable evidence and prove beyond any shadow of a doubt that Bush was Satan incarnate and personally responsible for every evil on earth since the dawn of mankind and Republicans would still vote against articles of impeachment simply because the Democrats were voting for it.

  • Actually, I take it back. If you could prove absolutely that Bush is Satan, you might get Lieberman’s vote.

  • Comments are closed.