When in doubt, ‘Clinton did it, too!’

Unable to defend the president’s conduct in the Libby scandal, the White House has embraced the well-established Clinton Misdirection Policy with both arms.

The White House on Thursday made fun of former President Clinton and his wife, Sen. Hillary Rodham Clinton, for criticizing President Bush’s decision to erase the prison sentence of former aide I. Lewis “Scooter” Libby.

“I don’t know what Arkansan is for chutzpah, but this is a gigantic case of it,” presidential spokesman Tony Snow said. […]

Rep. John Conyers, D-Mich., has scheduled hearings Wednesday on Bush’s commutation of Libby’s 2 1/2-year sentence.

“Well, fine, knock himself out,” Snow said of Conyers. “I mean, perfectly happy. And while he’s at it, why doesn’t he look at January 20th, 2001?”

Snow then proceeded to say, “I know you are but what am I,” made some oblique reference to being rubber to reporters’ glue, held his breath for an inordinate amount of time, and then, fingers in ears, shouted, “La la la, I can’t hear you.”

The amazing thing about Snow’s farcical and humiliating performance today is that it concedes defeat. He wasn’t explicit about it, but with repeated references to Clinton’s presidency, Snow effectively admitted that the Bush White House did something spectacularly inappropriate, but justified this conduct by insisting that Clinton was just as bad. So much for “restoring honor and dignity to the Oval Office.”

Asked specifically, “Do two wrongs make a right?” Snow hedged for a moment and then dodged the question.

As for the more substantive point, it’s probably obvious to most of you, but comparing the Libby and Marc Rich stories really doesn’t make a lot of sense. As Al Gore explained this morning:

“Well it’s different because in this case the person involved is charged with activities that involve knowledge of what his superiors in the White House did.

From Dan Froomkin’s clip-and-save piece from Tuesday:

We know, for instance, that Cheney was the first person to tell Libby about Plame’s identity. We know that Cheney told Libby to leak Plame’s identity to the New York Times in an attempt to discredit her husband, who had accused the administration of manipulating prewar intelligence. We know that Cheney wrote talking points that may have encouraged Libby and others to mention Plame to reporters. We know that Cheney once talked to Bush about Libby’s assignment, and got permission from the president for Libby to leak hitherto classified information to the Times.

We don’t know why Libby decided to lie to federal investigators about his role in the leak. But it’s reasonable to conclude — or at least strongly suspect — that he was doing it to protect Cheney, and maybe even Bush.

Why, after all, was special counsel Patrick Fitzgerald so determined to get the truth from Libby and, barring that, to punish him for obstructing justice? Prosecutorial ethics preclude Fitzgerald, a Bush appointee, from answering such questions. But the most likely scenario is that he suspected that it was Cheney who committed the underlying crime — that Cheney instructed Libby to out a CIA agent in his no-holds-barred crusade against a critic.

All of this means that Bush’s decision yesterday to commute Libby’s prison sentence isn’t just a matter of unequal justice. It is also a potentially self-serving and corrupt act.

Was there a quid pro quo at work? Was Libby being repaid for falling on his sword and protecting his bosses from further scrutiny? Alternately, was he being repaid for his defense team’s abrupt decision in mid-trial not to drag Cheney into court, where he would have faced cross-examination by Fitzgerald?

Is this even remotely similar to the Marc Rich controversy? Of course not.

No serious person could make the connection in good faith. It’s an argument made in desperation.

While this is all true, I suggest two points to keep in mind:

First of all, the Marc Rich pardon was despicable on its own merits. If there was any compelling reason for it aside from “his wife is a biiiiig donor,” I still have yet to hear it.

Second, I think the precedent, while imperfect, is indicative of a broader trend from Clinton to Bush.

Bill Clinton and his team nudged open a lot of doors, regarding the politicization of the government, that should have remained sealed shut. From separate e-mail accounts for government and political work, to the general approach to governing as “permanent campaign,” the sense emerged for the first time in the ’90s that the entire public sphere was a zero-sum game. I’m not saying Clinton originated this, or even that he wasn’t largely pushed into it by a rabid opposition in Congress from ’95 onward. But there was, IMO, a strong sense that “winning” political fights was as much a goal as serving the public good.

Doors that Clinton and his team cracked open were then blown off their hinges, along with most of the surrounding walls, by Bush and Dick and Rove, with their absurd sense of Presidential Superpowers.

And one of my many concerns about a Hillary Clinton presidency is that she substantially shares that assessment of a president’s prerogatives.

  • Clinton lied under oath and pardoned people. So obviously this is ALL Clinton’s fault. (snort)

    Seriously, if they want to emulate Clinton, can’t they emulate the 8 years of mostly peace, the 8 years of a roaring economy, the 8 years of 0% unemployment. Yes, I know it’s hyperbole, but still can’t they do those things that Clinton did? Stopping terrorist (the Millenium Plot).

    Won’t someone please give Bush a blowjob already?

    Sheesh

  • “Well it’s different because in this case the person involved is charged with activities that involve knowledge of what his superiors in the White House did.”

    Yeah, the Marc Rich and other Clinton pardons don’t compare, because here there’s clearly a commutation and not a pardon to keep the President from being connected to criminal activities (breaking laws meant to protect national security) from possible testimony from Libby.

  • The rules are:
    1) It’s always different when a Republican does it.
    2) It’s always justifiable if Clinton did anything remotely similar.
    3) When given a choice between actual reporting or repeating Republican talking points the press will choose the latter.
    4) In a post 9/11 world we must ignore our protectors’ lawbreaking, dishonesty, lack of ethics, and cronyism because otherwise someone will leave a Mercedes Benz full of smoke in our back yard.

  • But there was, IMO, a strong sense that “winning” political fights was as much a goal as serving the public good.

    Ummm…..from ’95 onward? You mean right after Gingrich and Delay, et. al., came in with a philosophy of referring to Democrats as if they were less-than-human? With an approach of always throwing grenades and never compromising? With a policy of not allowing any judicial nominees to even have hearings so the seats would stay open for a Republican President? With a strategy of delegitimizing the opposition, leading to thousands of groundless subpoenas and a bogus impeachment?

    Yeah….you might imagine where Clinton developed a combatitive attitude late in his Presidency, when everything he wanted to do was trashed rather than engaged…

  • Did any of the reporters yell at Tony, “Liar, liar, pants on fire!”? That sounds like a reasonable retort to his answers.

    If I were Conyers, I’d walk over to Tony’s office and punch him in the head.

  • “I don’t know what Arkansan is for chutzpah, but this is a gigantic case of it,” presidential spokesman Tony Snow said…

    And I don’t know what Texan is for “giant fuck-up,” but this administration is a titanic case of it.

  • Re: gg @ #9
    This just in: Libby has ALREADY paid the 250K fine.

    Does he get a refund when King George pardons him?

  • Libby has ALREADY paid the 250K fine

    Yeah, what a hardship that was for him. Presumably the only reason it took this long for him to fork over the money is that the banks were closed yesterday.

    What a fucking joke. How long til he announces his new seven-figure job? Or ’til Bush recess appoints him to the Fedral bench?

  • As if we needed additional proof, this “Clinton did it” justification shows just how unhinged Republicans are.

    For the past 15+ years they’ve done everything possible to portray the man as the lowest life form on the planet — and then justify their actions by saying they’re just doing what the lowest life form on the planet did!!!

    Listen to yourselves, for crissake!

  • It’s my understanding that Libbey was Marc Rich’s lawyer and argued that the tax laws were improperly applied to his case. If true, what irony.

    Classic comeback: “…but Libbey agreed with Clinton on Rich’s pardon”

    P.S. I also read that by far and away Carter was the biggest pardoner…. 522 in one term compared to 4xx for Clinton in 2 terms

  • What is so absurd about the what Snow said is that virtually everyone agrees that Clinton made a mistake when he pardoned Marc Rich.

    I think even most of the people who call me names on this blog agree that Clinton made a mistake.

    I wonder if history books will ever know WHEN Bush told Libby that he wouldn’t serve jail time.

  • Now we’re getting somewhere… Clinton “made a mistake”, Bush made a (bigger) mistake.. so now can we please get on to eliminating or drastically changing the President’s ability to to Pardon fugitives and convicts???

  • “And while he’s at it, why doesn’t he look at January 20th, 2001?”

    As I mentioned earlier, there already were Congressional hearings into Clinton’s pardons. Snow has either forgotten this, or he’s performing his duty to erase this historical fact.

  • I have found the best way to completely stump conservatives when they go into the “Clinton this, Clinton that” defense. I say to them, “But you guys hate Clinton. Now you’re holding him up as your standard of ethical conduct? Which is it?” Pop!

  • I’m sort of with Neil on this one, in the sense that I can’t recall the news report which mentioned the canonization of Clinton. THE MAN WAS NOT A SAINT. Cutting to the chase, Clinton was and remains a well-respected world leader. Bush was loathed virtually everywhere outside the United States well before the end of his first term, and continues spiraling downward on afterburner. If Bush cried and begged forgiveness in Macy’s window at high noon during the Easter parade, it wouldn’t make him anywhere near as well liked and respected as Clinton was and is, stupid mistakes and otherwise imperfect behaviour noted. Clinton came across as an educated man who could hold his own in any conversation. Bush comes across as a room-temperature-IQ dolt who couldn’t review an episode of The Teletubbies without a White House Team to hold his hand, and tell him what to think and say.

    If world opinion holds that Americans are a lot like their leaders, Americans were a hell of a lot better off being identified with Clinton than they now are being identified with Bush.

  • But Clinton was the anti-christ! Does this mean Bush is the anti-christ, too?

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