Beldar on the Scooter Libby case

Beldar has some comments on the Libby sentence.

...he prosecution has not been able, as far as I understand, to articulate a causal chain in which anything that Libby did actually did obstruct Fitzgerald's investigation, or even a plausible chain of events by which it could ever have been expected by Libby or by anyone else to do so. There wasn't anything to his obstruction, in other words, than telling a story that would conflict with someone else's story. Nothing was permanently hidden; no path of inquiry was blocked. For Libby's feeble obstruction to have succeeded in hiding another crime, or preventing its investigation and proof, the FBI and Fitz would have had to be completely vegetative.

Also here...

Patterico and I have been among a pretty small minority of conservative bloggers who've been supportive of Fitzgerald and skeptical of those who argue that the whole Libby prosecution is bunk. I suspect that my friend would agree with me that if we start applying a relativistic approach — comparing Libby with, say, Sandy Berger — the Libby commutation would look better. But he'd also certainly argue that a relativistic approach is improper, and I tend to agree with that; and he'd argue that Berger going unpunished doesn't justify others going unpunished, and I definitely agree with that.

What he and I — and, with respect, you too, gentle readers — all lack is what I'll call the "sweaty shirtsleeves perspective" that Dubya has. If there is a basis for showing mercy, for indulging in an act of "constitutional grace," for Scooter Libby, it is because of the public service he's rendered during his career — not for reasons particular to this prosecution. Critics see it as cronyism, but in fact, no one is better qualified to judge the value of Libby's public service than President Bush. Huge, huge portions of what Scooter Libby did as a key inside figure in implementing the Administration's response to 9/11 and global terrorism is still highly classified. But the President knows on a first-hand basis what the man contributed, what its value has been, and under what critical and pressure-filled circumstances he served. And as it happens, George W. Bush is the one person in whom the Constitution entrusts the power to weigh that public service against the serious crimes of which Libby stands convicted. And he clearly thinks "this particular convicted felon" is deserving, even though there will be a political price to pay.

And...

Some politicians ought to be glad that God does not, in fact, smite politicians who tell colossal lies with bolts of lightning:

House Judiciary Committee Chairman John Conyers, Jr. (D-Mi.) released a statement saying that "until now, it appeared that the President merely turned a blind eye to a high ranking administration official leaking classified information. The President's action today makes it clear that he condones such activity. This decision is inconsistent with the rule of law and sends a horrible signal to the American people and our intelligence operatives who place their lives at risk everyday."

This is phony on so many levels that it leaves me dizzy. Perhaps Rep. Conyers would like the nation's chief executive to start routinely speaking out on all pending federal prosecutions — starting with U.S. Rep. William Jefferson's (D-LA) pending bribery case — so no one will think he's "turning a blind eye" to government corruption? Shall we just have the president phone up the jurors during the trial to tell them how to vote? It's not that I expect the Dems to give Dubya any credit for not issuing an outright pardon. I just expect them to tell more nuanced, sophisticated lies than this.

Rather than "mak[ing] it clear that he condones such activity," the commutation, as opposed to an outright pardon, makes it clear to anyone with the honest eyes to see it that President Bush is indeed committed to the rule of law, and that that is precisely why he's allowing the appeals process to continue (and, potentially, the fine, probation, and felony disabilities to stand). This is an act of limited presidential mercy. Only a demagogue can transform that into "condoning." Or maybe Rep. Conyers would like to be "condoned" himself by the destruction of his career, a felony conviction, two years of probation, and a quarter-million dollar fine (not to mention what's probably a seven-figure legal bill)?