THE DOWNSIDE UP

Miscellaneous writings which include humor, politics, and poetry. (Copyright protected.)

Monday, June 11, 2007

Scooter's Trump Card

He pardons him. He pardons him not. He pardons him. He pardons him not. Oh, that is the question.

I. Lewis Scooter Libby, who once was a magnificent magnate strutting about the White House, is now just a run-of-the-mill convicted felon. Or is he?

According to hundreds of Libby fans who wrote letters urging The Honorable Reggie B. Walton to be forgiving, merciful, and lenient on punishment, Scooter is, was, and has always been, a man of high integrity, loyal to America, and an all around good guy.

The other side of the coin was represented in the letter campaign as well. Those few people voiced a belief that lying is lying, perjury is perjury, and equal justice means Scooter did the crimes so he should do the time. Eye for an eye.

The maximum sentence that could have been imposed was to lock Libby up three years, which was the hope of prosecution albeit Scooter's team daydreamed about an itzy probated sentence.

Throughout the long judicial process of trial, conviction, and sentencing, Libby maintained his innocence and spoke in open Court only once. At sentencing he addressed the Court. In essence, Libby asked the Judge to give weight to his entire life as opposed to focusing on the few isolated events that had lead to his convictions. Sort of a blended projection.

Judge Walton is not any man's fool and apparently didn't take kindly to the suggestion that he trade perjury and obstruction of justice in exchange for Scooter's proclaimed past goodness. The Court ordered him to prison for two and one-half years. Libby's appeal of the jury verdicts will likely follow.

So, what would His Honor and the jurors think about a Presidential pardon for Libby should George W. feel so inclined? They might feel a sting but there isn't an ointment to heal or prevent it.

Our United States Constitution, Article II, Section 2, empowers the President of the United States to grant pardons. The only exception is that the President is not authorized to pardon in cases of impeachment. Otherwise, not even if a President possesses a bad motive in making the pardon can it be legislatively or judicially redressed.

Why would our forefathers have created such an unquestionable power in one person? That power is a vivid example of the independence of the Executive Branch of government. Check and balance is the foundation of a progressive government. A three-headed beast, each head biting at the other and tearing to be set free from the underlying unity is illustrative of our three independent branches of government: executive, legislative, and judiciary. It is that constant competitive struggle that insulates us from tyranny.

The first President Bush pardoned former Defense Secretary Weinberger and three CIA agents who had been involved with the Iran-Contra affair. Among other wrongdoings, Weinberger had lied about the transfer of missiles to Iran.

Jimmy Hoffa, the infamous Teamster President, received a conditional pardon from President Richard M. Nixon. Hoffa, who apparently failed to heed the wisdom of not looking a gift horse in the mouth, filed an appeal asking that the condition be lifted. The burdensome condition was that Hoffa didn't get to play teamster ever again. He had been often accused, and occasionally convicted, of dipping into the pension fund, tampering with jurors, bribery, and other ordinary corruption stuff. The few convictions had been long sought and hard to get, but with one word Nixon wiped Hoffa's slate clean. By the way, Hoffa's judicial challenge to the pardon condition disappeared soon after he vanished from the earth.

Thomas Jefferson used his authority to pardon those convicted under the 1798 Sedition Act (which comprised four separate laws). In spite of the fact that courts had upheld the constitutionality over ten times, Jefferson believed the Act unlawfully silenced criticism of government which was protected speech.

The government's tax levy on spirits to help offset the financial debt left over from the American Revolution brought uprisings, prosecutions, and convictions. President Washington later pardoned those convicted in the Pennsylvania Whiskey Rebellion.

Abe Lincoln and Andrew Johnson pardoned the Johnny Rebs in the name of reconstruction after the Civil War. The list goes on. There is Patty Hearst, Richard M. Nixon, Marc Rich, and the Vietnam draft dodgers.

Absent the jury verdicts being overturned through an appellate process, Libby can only regain his civil rights through a presidential pardon.

Who will give odds that Scooter's voting rights are restored to him before the next President takes office?

© Coninc., TheDownsideUp.Com 2007

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