The Fat Lady Could Still La La La
On Monday, about five hours after the appellate court upheld Judge Reggie B. Walton's judgment that I. Lewis Scooter Libby could not pass go, could not collect $200, and must go straight to jail, your President commuted the incarceration portion of Scooter's criminal sentence.
In doing so, Bush announced that he was of the opinion that a two and one-half year prison term was excessive. Really, as compared to what?
Bush came close to legalizing Scooter's criminal acts, which includes conduct that constituted aggravated perjury as well as lying to the cops. George W. did take the teeth out of the bite. Or, more to the point, he took the truth out of justice.
The President's claim that his action only displaced the jury's verdict is insightful because it reflects that George W. doesn't have a workable understanding about the federal criminal system and more particularly, the sentencing protocol.
Never mind details though, what Bush did was substitute his unscholarly, raw conjecture in the place of educated expertise by The Honorable Reggie B. Walton, nominated by George W. for the federal bench in the first place, the United States Sentencing Commission and the United States Congress.
In 1984, Congress created the United States Sentencing Commission to promulgate appropriate sentencing guidelines grounded on deterrence, offender incapacitation, justice, and rehabilitation. Congress' goals were three-fold: honesty in sentencing, uniformity throughout the federal courts (treat same type crimes alike), and proportionality (treat same type crimes differently). Bewildered, yet?
The guidelines do not read like The Slammer For Dummies or a How To manual but are theoretically designed where connecting the dots correctly lead to a proportional, uniform, and honest sentence.
The guidelines system combine the letter of the law with equity, which are two age old opposing forces. Equity rounds off the sharp edges of the law. The guidelines utilize a Weightwatcher's type cut-the-fat point system to arrive at a punishment score.
The learned Commissioners who create and maintain guidelines include two U. S. District Judges; one former U. S. District Judge; the Sentencing Commission general counsel; a former White House associate counsel; a former Senate Judiciary Committee general counsel; a former Deputy Assistant Attorney General; a former assistant U.S. attorney; and Bush appointee U.S. Parole Commission Chairman. Not too shabby.
In assessing the sentence, Judge Walton was legally bound to adhere to the guideline range unless he found the case atypical. In that event, he could have departed upward or downward. He didn't. Scooter is just a typical liar. He got caught. He got convicted. Plain and simple.
At the time Libby committed multiple offenses he was employed as Assistant to the President of the United States, Chief of Staff to the Vice-President of the United States, and Assistant to the Vice-President for National Security Affairs. He had access to classified information about sensitive national security matters and was a senior government official with a high security clearance which equates to a bunch of power.
In exchange for the pay check he received from our tax money, Scooter owed a fiduciary duty to every citizen to conduct the affairs of our government with the utmost loyalty to the citizens. He was entrusted with his position for our benefit. Libby's duty of loyalty didn't run to the President, the Vice-President, or himself. He owed one hundred percent loyalty to "We the people."
Scooter had been a lawyer for a very long time when he voluntarily took his oath. At that time he understood it and the duties imposed on him. Nevertheless, he knowingly and intentionally breached them.
His past public service, even if perfectly pristine, does not explain, excuse, or rationalize Scooter's illegal conduct. His conduct was not isolated. He was convicted for more than a single offense.
In commuting the sentence, Bush expressed sympathy for Libby's family. He never mentioned Valerie Plame, the victim whose life Scooter knowingly risked and whose career he destroyed. His actions didn't injure Plame in a capsule. She has family and friends, too.
The hurt suffered by Libby's family is sad, but the suffering is due to Libby's clear and voluntary choices to violate the law. He put that ugly monkey on his family's back and the shame is his to own.
Don't be swayed that Bush merely commuted Scooter's incarceration as opposed to granting a full pardon. It ain't over until the fat lady sings.
Scooter's appeal will go forward and if the Court doesn't overturn the jury's convictions, the fat lady will "La La La La."
© Coninc., TheDownsideUp.Com 2007
In doing so, Bush announced that he was of the opinion that a two and one-half year prison term was excessive. Really, as compared to what?
Bush came close to legalizing Scooter's criminal acts, which includes conduct that constituted aggravated perjury as well as lying to the cops. George W. did take the teeth out of the bite. Or, more to the point, he took the truth out of justice.
The President's claim that his action only displaced the jury's verdict is insightful because it reflects that George W. doesn't have a workable understanding about the federal criminal system and more particularly, the sentencing protocol.
Never mind details though, what Bush did was substitute his unscholarly, raw conjecture in the place of educated expertise by The Honorable Reggie B. Walton, nominated by George W. for the federal bench in the first place, the United States Sentencing Commission and the United States Congress.
In 1984, Congress created the United States Sentencing Commission to promulgate appropriate sentencing guidelines grounded on deterrence, offender incapacitation, justice, and rehabilitation. Congress' goals were three-fold: honesty in sentencing, uniformity throughout the federal courts (treat same type crimes alike), and proportionality (treat same type crimes differently). Bewildered, yet?
The guidelines do not read like The Slammer For Dummies or a How To manual but are theoretically designed where connecting the dots correctly lead to a proportional, uniform, and honest sentence.
The guidelines system combine the letter of the law with equity, which are two age old opposing forces. Equity rounds off the sharp edges of the law. The guidelines utilize a Weightwatcher's type cut-the-fat point system to arrive at a punishment score.
The learned Commissioners who create and maintain guidelines include two U. S. District Judges; one former U. S. District Judge; the Sentencing Commission general counsel; a former White House associate counsel; a former Senate Judiciary Committee general counsel; a former Deputy Assistant Attorney General; a former assistant U.S. attorney; and Bush appointee U.S. Parole Commission Chairman. Not too shabby.
In assessing the sentence, Judge Walton was legally bound to adhere to the guideline range unless he found the case atypical. In that event, he could have departed upward or downward. He didn't. Scooter is just a typical liar. He got caught. He got convicted. Plain and simple.
At the time Libby committed multiple offenses he was employed as Assistant to the President of the United States, Chief of Staff to the Vice-President of the United States, and Assistant to the Vice-President for National Security Affairs. He had access to classified information about sensitive national security matters and was a senior government official with a high security clearance which equates to a bunch of power.
In exchange for the pay check he received from our tax money, Scooter owed a fiduciary duty to every citizen to conduct the affairs of our government with the utmost loyalty to the citizens. He was entrusted with his position for our benefit. Libby's duty of loyalty didn't run to the President, the Vice-President, or himself. He owed one hundred percent loyalty to "We the people."
Scooter had been a lawyer for a very long time when he voluntarily took his oath. At that time he understood it and the duties imposed on him. Nevertheless, he knowingly and intentionally breached them.
His past public service, even if perfectly pristine, does not explain, excuse, or rationalize Scooter's illegal conduct. His conduct was not isolated. He was convicted for more than a single offense.
In commuting the sentence, Bush expressed sympathy for Libby's family. He never mentioned Valerie Plame, the victim whose life Scooter knowingly risked and whose career he destroyed. His actions didn't injure Plame in a capsule. She has family and friends, too.
The hurt suffered by Libby's family is sad, but the suffering is due to Libby's clear and voluntary choices to violate the law. He put that ugly monkey on his family's back and the shame is his to own.
Don't be swayed that Bush merely commuted Scooter's incarceration as opposed to granting a full pardon. It ain't over until the fat lady sings.
Scooter's appeal will go forward and if the Court doesn't overturn the jury's convictions, the fat lady will "La La La La."
© Coninc., TheDownsideUp.Com 2007
Labels: EglPress
posted by KKHC | 7:56 AM
