Libby's Last Stand

"It's the Golem of Prague! The legendary defender of the Jewish people. Like Alan Dershowitz, but with a conscience."
- Krusty the Clown

They really see him as a hero for defending his boss, Cheney--it's appalling.

They see him as the perfeect underling.

Linking to Marcy is always a good idea.

The behavior of the Libby defense team has been decidedly bizarre. Every tactic seems to have been designed to piss Walton off--from lying about their plans to put Cheney and Libby on the stand* to their arrogant presentation at the sentencing hearing to this partisan collection of second-guessing law professors.

Their grounds for appeal are so absurd--the rejection of the testimony of a memory expert (for which Walton wrote a 23 page analysis) and the idea that Fitzgerald was some kind of loose cannon--that it seems very unlikely that Walton would delay jail time. And, as FDL front pagers have pointed out, Walton sends people to jail all the time with much less consideration. Every step of the way they've asserted some kind of special privileged ability to violate the law for important well-connected, rich people like Libby.

I think the footnote summarizes just how effective this strategy has been.

------------------
*The Cheney testimony was cited as a reason to ask jurors questions that determined whether they were biased against the administration. The Libby testimony was cited as a reason to introduce material about how busy he was. Both of these advanced the defense's attempt at jury nullification.

As a good friend remarked about Judge Walton's comment, "It restores my faith."

jayackroyd - any sane member of the human race should be biased against this gang of criminals referred to as the Bush Administration.

Dershowitz has become a clown, buffoon, a big joke.

Ever since he did the OJ case, it's all been downhill for him.

Yeah, Billy, but they couldn't have found the ones who were vulnerable to jury nullification unless they had some test for, as you say, sanity.

I hadn't read Marcy's note on the Bork thing before I posted re: Fitzgerald's status. Apparently it's not absurd.

To those who would like to end the war in Iraq, call GOP contributor and war contractor General Electric Corporation at 203 373 2211 and ask for the public relations department. Tell the person in public relations that you will no longer buy any General Electric products such as light bulbs, televisions, refrigerators, ovens, stoves, dishwashers, radios, telephones, VCRs, DVD players, telephones UNTIL the CEO of General Electric gets George W Bush to end the war in Iraq and then resign along with Cheney.

My esteem for Judge Reggie just bounced sky high.
Ya! Let's see these luminaries come to bat for Citizen X way down in Podunkville when his fanny has been wrongfully prosecuted on less than sufficient evidence.

Frankly, my dear, I much prefer Professor Turley's assessment to any of the twelve disciples of injustice, most especially Bork. Goodness, why doesn't he just go away forever? He could take Dershowitz with him as well. I used to think that guy had a modicum of integrity, but no more!

Glenn Greenwald has a posting this morning that says something I said here a long while ago.

http://www.salon.com/opinion/greenwald/index.html

"One of the points I attempted to emphasize this morning as part of the presentation I made was that as much as we think we know about the range of controversial Bush policies, it is almost certainly the case that what we do not know, what remains concealed, vastly outweighs what we know."

As I recall, I said something along these lines: With Nixon, Bush I, and Reagan, we didn't discover the full depth of their mischief until years after they had left office, and I suspect the same will hold true with Bush Jr.
******
Ana, please tell Karen that we wish her well.

Now, are you and the High Sheriffs gonna let us recommend some future guest bloggers?

So how crazy does the Insider Beltway crowd go when Libby gets tossed into the clink? Cuz I'm getting out the popcorn.

ama--

Well, I was trying to think of conservatives. But I was kinda hard-pressed. Neo-cons are so dominant in the media at the moment, and they simply don't make sense.

Richard Posner? Mankiw? The realists wouldn't lower themselves. Warren Rudman?

Ana - Really good post. That is one of the best legal smackdowns since the Dover Intelligent Design decision or the Terri Schiavo decision.

Off-topic: Is there a chance that you could respond to the reader reaction to Dick Armey's weeklong spewing of GOP talking points and disengenuous insults against the DemocratIC Party? It really seems like he did more harm than good.

"So how crazy does the Insider Beltway crowd go when Libby gets tossed into the clink?"

I dunno. Atrios points out that Libby is very much an insider. If he can go, any of them could go--if they also broke the law. Is Toesning worried about a perjury rap? Doubt it. Bradley Schlozman is apparently going to revise his testimony to Congress, so he may be a little concerned.

The real question is whether the firewall will hold. Is there no other path to Cheney?

BTW, in a video interview with Mike Stark, Broder said that the reason he is opposed to impeachment is that unlike in Clinton's case, where Gore could have assumed the presidency effectively, Cheney would be a disaster. Weird, huh?

jayackroyd,
Warren Rudman! IIRC, he co-authored a report with Gary Hartman on anticipated castrophes the USA would probably face within the next X years.
This came out just as the Bush Regime came to power, but they either didn't read it or ignored it. I want to think (and that is getting harder and harder for me) that one of the anticipated events was a hurricane, such as Katrina, that would have horrible consequences, and another event was an attack by terrorists, such as 9/11.

It would be most interesting to have him as a guest to see what he thinks about the Bush Administration having IGNORED the report. The report was an attempt to warn us and to help us prepare so that we could alleviate to the best of our ability some of the horrible anticipated damage.

Well, if the guest must be a Conservative or a Neocon, then I would like to see the High Sheriffs give us someone like DeLay or some of the batsh*t crazies from The Corner, so we could have a wee bit of fun. ;)

However, I would much prefer someone like Krugman to be the naxt guest.

"Ana, please tell Karen that we wish her well."

Is there something I don't know? Is Karen ill? I hadn't heard.

And who said snark only exists on the internets?

Maybe theyre thinking that they can help the appeal process by adversely affecting the Judge's emotional state. The wording of them footnote suggests that they pushed him EXACTLY not far enough to accomplish their aims.

Personally, I would think the Insider Beltway crowd would've come to terms with the idea of a winger getting sent to prison. After all, G. Gordon Liddy has his own Beltway radio show. The Reagan administration had what? Something like 200 officials sent to prison.

We've already seen a number of members of Dubya's administration get time, most recently last week when another official at Interior copped a guilty plea. Heck, maybe that's why they named this magazine Time. Because that's what so many wingers end up serving.

Hey, Cox,

Ya know who might be a fun guest blogger (assuming you are required to field a conservative slate)?

Joe Scarborough. He's clean, and articulate, and most importantly, he isn't terribly thin-skinned and defensive in his positions. I saw him on The Colbert Report and he was terrific.

Or Margaret Spellings. She's clean and articulate too. Great sense of humor. We can talk about education.

Please! Someone with a sense of humor. And clean. Not oily and pecksniffian, like Mr. Armey.

by James, Los Angeles
June 9, 2007

"Ana, please tell Karen that we wish her well."

Is there something I don't know? Is Karen ill? I hadn't heard.
********
James,
Jay indicated Karen was going on a long vacation.
Ana then indicated she hoped Karen would get well soon, maybe that was on the Democratic debate thread last Sunday.

That's the last peep we've heard about Karen from the Swampland Bloggers.

MIS,Philadelphia recommended Jack Danforth as a possible guest blogger on the last Armey thread. I agree with her suggestion.

Regarding Scarborough as a possibility, for the most part I think he tries to be honest, but he does have some blind spots, as most of us do. I think he would read the comments and possibly even respond. BUT for goodness sakes, please don't let Pat Buchanan tag along with Joe. I have been calling Scarborough Country, the Joe and Pat Show because MSNBC apparently thinks that Pat Buchanan has to hold Joe's hand. As soon as Pat shows up on Scarborough, I HAVE TO change channels.

GEEZ! I just realized I typed "Gary Hartman"!

Should be, of course, Gary HART. Time to turn off the computer. ;p

maybe Roger Simon is available? or Tweety?

"... he is “[s]trong, clear, gives good soundbite, and has shoulders you could land a 737 on.” Simon has previously described Romney as having “chiseled-out-of-granite features, a full, dark head of hair going a distinguished gray at the temples, and a barrel chest.” ..." -- http://thinkprogress.org/2007/06/08/politicos-simon-finds-new-romney-body-part-to-praise/

Their mancrushes and sublimated homosexuality are always good for laughs, and if we're not going to get information or knowledge, as we saw with Armey, we might as well get gossip and entertainment.

or hey, Richard Perle's not busy these days. There are plenty of insane people to choose from who need the rehab Time would provide--they're all with a criminal and bloodthirsty lack of all ethics and morality and common sense.

Too bad the Time-CNN-Turner "news" paid bloggers don't apply their oh so clearly objective analysis skills to the lies under oath of both Wilson and Plame.

Oh well.

HILLARY HAPPENS.

Wow! Good catch!

Really, why all the sudden interest and "drop everything" attention to the case? Couldn't be that law professors are playing politics and currying favor?

Naaahhh... they have robes, too.

Make QUESTION HILLARY or one of his many sockpuppets the next guest blogger. It'll be the launch of a fabulous comedy career and Time can take credit.

Lies, Sighs and Politics -- http://welcome-to-pottersville.blogspot.com/2007/06/paul-krugman-lies-sighs-and-politics.html

Bravo Judge Walton !

That is one of the most heartwarming smackdowns I have ever read.

"The Pecking Order Brief"

Did everyone catch this one earlier?

http://www.huffingtonpost.com/huff-wires/20070607/bork-lawsuit/

I guess my point about conservative guests is that if Swampland wants to have them, they should find people who can make a coherent argument that has some basis in reality. I know such people have to exist. There are members of my extended family that fit this description. I may not agree with what they say, but at least it hangs together logically, and doesn't deny basic facts.

For example, on health care, someone has pointed out that when both sides are making sense, conservatives fear moral hazard--that if you give people health care when they need it, they'll behave irresponsibly and consume more than they should. Liberals, on the other hand, fear adverse selection--that the only participants in private schemes would be those who thought they would need health care. Now if you frame it this way, it's possible to have a discussion with some clash, and some recognition of why the points of view have some fundamental differences.

The previous paragraph would have poor Dick Armey too confused to continue. It would be better to have guest posters who have some grasp of a coherent conceptual framework and command of basic facts about the issue under discussion.

And I still can't believe that that guy was Majority Leader.

So: Judge Walton Borks Bork and Friends. Dershowitz : a disappointment. The group as a whole: a bunch of pretentious lawyers who thought Judhe Walton would value their opinion. The out down in a footnote: brilliant. That's where they belong: in a footnote!

Snark and satire are feeble weapons, the only ones the powerless can afford.

This administration has weakened all the Americans except its bushlickers.

A sidebar question: Could Bork have been tipsy when he took a tumble at the Yale Club, and subsequently filed a personal injury lawsuit against them? 'Cause I think he was tipsy when he signed on to the amicus brief. . .

"And I still can't believe that that guy was Majority Leader."

Hum. Take a look at the catastrophe that the conservative "movement" is when exposed to the light of day, and particularly in the past 15 years of House Republican rule, and nobody, but nobody should be surprised at how profoundly boneheaded Armey, Gingrich, DeLay, Hastert and the rest of their "movement," are.

Of course, the bankruptcy of their "ideas" has been apparent since the "Contract with America." Bragging about being its "architect" is like bragging about being the "architect" of the Iraq War. Only the truly deluded, or profoundly retarded, would think that's a good thing.

what would be fun would be to see walton drag each of these jokers in front of the court to examine their knowledge of this issue....

I would suggest that it was actually written by a member of Libby's legal team after Libby's conviction in preparation for their plea to the Appeals Court for cert -- and when Walton said "sorry, but your client is going jail pending appeal, because I see no cause that justifies overturning the verdict" they added a few lines about the "closeness" of the issue, and then went lawyer shopping to find people to sign on to it.

That was easy, because even if these lawyers believe that the Special Prosecutor's office WAS legal, all they were actually arguing is that it is "arguable" -- and lawyers make their money arguing the most absurd propositions imaginable as long as someone is willing to pay for them. To a lawyer, everything is arguable, if the price is right.

As to who should be guest blogger next week.... if Time Inc hasn't gotten on their hands and knees and begged Michael Moore and Al Gore to show up, they aren't doing their jobs. Moore is promoting a movie about the topic that Armey obsessed about-- health care. Gore is promoting a book about a topic that Swampland commenters obsess about -- the pathetic state of journalism and the damage it causes to our nation.

So here are two people looking for as wide an audience as possible at this very minute that would probably be willing to blog here... and if they haven't been asked, WE need to ask WHY NOT?

Sometimes it really is all in the footnotes. The judge just stood up for every one of us right there. I hope the dirty dozen of Libby supporters will actually heed the judge's advice. But... they won't.

So I hope in all future cases the judge has those folks contacted and that he makes note of when they take an interest and when they don't.

Good night, Dick. You had the guts to blog here at Time, but not guts enough to answer even one criticism leveled at you by the commenters. I'd say your time here was pretty pathetic. Why speak to the people if you won't engage them? You're not above question, though you seem to think you are. Next time you blog, try to remember that part of the point of blogging is that you interact with your readers. You wrote a lot about freedom and individualism. But when individuals challenged you, you ignored them. You exposed yourself as a hypocrite over the last week. If you have any guts at all, and if you actually believe in what you wrote, you'll offer one last post, addressing at least some of the issues that your readers brought up. If you don't do that, and I suspect that you won't and I suspect that you won't even read what I'm writing here, you'll just prove that you really think you're better than the people that you spent years "representing."

QUESTION: Would the twelve luminaries RUSH to the assistance of one of the "mutt people" that Joe
Bageant writes about?

http://www.joebageant.com/joe/2006/01/revenge_of_the_.html

Revenge of the Mutt People
Bred for meanness

“There are some things so disgusting that only a white man would be willing to do them.”
-- Walter Wildshoe, Coeur d’Alene Indian

By Joe Bageant

[...]
The problem is this: pit bulls always escalate the fight and keep at it until the last dog is dead, leaving the gentler breeds to clean up the blood spilled. We mutt people, the pit bulls, have always been your own, whether you claim us or not. And until you accept that you are your brother’s keeper, and help deliver us from ignorance, you will continue to have on your hands some of every drop of blood spilled -- from the sands of Iraq to the streets of East L.A. All the socially responsible stock portfolios, little hybrid cars and post-modernist deconstruction in the world will not wash it off.

It occurs to me that there shouldn't be much sympathy for Scooter Libby. When you think about it, he has the Bush cabal by the shorthairs, and they have no choice but to cater to his every whim. It is no accident that he was the beneficiary of a high-priced world class legal team, and that the Amici boys stepped up and filed an extensive brief on his behalf with Judge Walton.

He served as Cheney's Chief of Staff; thus he was at the center of the administration's nerve center and has intimate first-hand knowledge of all the extra-legal shenanigans that went down beginning in 2000. What Scooter Libby knows would no doubt horrify the nation if he ever decided to spill the beans and tell all. If he ever cracked and exposed the innermost workings of the Bush administration, a lot of very prominent people would go to jail.

The wingnuts tend to get all mushy and tearful when they think about the prospect of Dear Scooter behind bars. But I think their sentiments are misplaced. He will serve out a short sentence in a country club prison, and when he emerges he will find no shortage of lucrative job prospects, and high-paying speaking and teaching gigs on the wingnut welfare circuit. He will be deified and enshrined ala Gordon Liddy.

By virtue of the secret knowledge he holds, Scooter Libby will be one of the most powerful people in America.

Linda --
Did everyone catch this one earlier?

http://www.huffingtonpost.com/huff-wires/20070607/bork-lawsuit/

The thing that amuses me most about Bork's lawsuit is that he was such a crusader for "tort reform" as part of the GOP machine. Just as when Rick Santorum sued for malpractice when his wife had a miscarriage, guess it all depends on who has a tort.

Judges (not counting most of the Supremes) have been pretty much the only officials willing to smack down the excesses and clear and varied crimes of this Administration. The media never does, nor has Congress. Judges have clearly and forcefully told Bush to stop all sorts of things, and no one else has.

Remember it the next time you hear the tired and false things from the GOP about "activist Judges" and stuff. And remember that even if you're not thrilled with whoever is the Democratic choice in 08, appointing Judges is a giant power that needs to be handled more wisely than Bush has.

We need more people like this judge in the government. What an amazing guy.

MIS: May long memories and Google eventually overturn the likes of bios like Armey's and others, along with their verbiage.

This week another fairly ignored story of international intrigue. Seems the Prince's 'accounts will be audited and investigated' by a bro in high places:

http://www.guardian.co.uk/baefiles/story/0,,2098271,00.html

a little tongue, in cheek that is:

http://www.whitehouse.org/ask/bandar.asp

Although, I can't link it, I seem to recall a MSM mouth saying that basically this was 'just how business was done'.

Now, I heard that were some 'rumors' of price fixing of oil prices before the 04 elections along with a very long 'history' of doing business diplomatically amidst international intrigue. Most of these can be Googled: Prince Bandar.

http://news.bbc.co.uk/2/hi/middle_east/4635383.stm

and

http://www.newsmax.com/archives/ic/2007/6/7/215324.shtml

Probably should move on, because there is nothing here. But it sounds much more 'rich and famous' than Paris.

Now, I heard that were some 'rumors' of price fixing of oil prices before the 04 elections along with a very long 'history' of doing business diplomatically amidst international intrigue. Most of these can be Googled: Prince Bandar.

http://news.bbc.co.uk/2/hi/middle_east/4635383.stm

and

http://www.newsmax.com/archives/ic/2007/6/7/215324.shtml

Probably should move on, because there is nothing here. But it sounds much more 'rich and famous' than Paris.

ama: loved the 'mutt' people. :)

sorry for the double post.

digby: "...
Perhaps the long term friendships, shared legal history and blind partisan loyalties among these people will not be relevant in this case. But let's just say I wouldn't be shocked if we get a surprising appellate decision based upon a novel, intellectually inconsistent theory set forth by a bunch of powerful wingnut legal enforcers. It happens." -- http://digbysblog.blogspot.com/2007/06/uncured-bork-by-digby-reading.html

It may be the way of the world, but being thin-skinned is not a quality you want in a judge (or anyone else for that matter).

Whoops, posted my comment in the wrong thread. Sorry all.

Buckley too: "National Review’s William F. Buckley, the “godfather of modern conservatism,” acknowledges today that the “evidence appears to have been overwhelming that [Scooter Libby] lied to the FBI, and that in so doing he hindered the execution of justice.” But this offense, he says, is a mere “triviality,” -- http://thinkprogress.org/2007/06/09/buckley-yes-free-libby/

I bet we'll be seeing Klein call for no sentence either.

amberglow -- your link sent me over to read the whole column by Digby. OMG!!

Time to have a drink.

Two good things happened here.With Dershowitz handling the appeal Libby's rights will be protected and Judge Walton made the case that many indigent who come before him do not have their rights as protected.In times such as these when political emotions run high it is doubly important to protect the system we have used successfully for 200+ years.It is important that people you disagree with you politically are given every protection the system can afford because someday its your guy.

The whole Bandar thing is filthy. We took our troops out of Saudi Arabia (which both Osama and the Saudi dictators wanted. for different reasons), and paid them too???? They funded 9/11 and provide a steady stream of terrorists for the whole world--they need more money? for what?

great post at Sideshow about Libby and lawlessness: http://sideshow.me.uk/sjun07.htm#06081328 -- "... The Washington Post even had a front page story the other day which spoke of possible political consequences for Bush if he should take such a step, but put little effort into discussing the damage such behavior does to the rule of law. Even talking about pardoning Libby should be treated as outrageous - he clearly broke the law and should be held responsible. The GOP argument that no one was prosecuted for an underlying crime is ridiculous, since there is every reason to think that Libby was lying to cover up that crime, and that his lying was effective in doing so. It is not unreasonable to assume that if Libby had told the truth, both Karl Rove and Dick Cheney might have ended up in the dock.

(This is very different, by the way, from Clinton allegedly lying about his relationship with Monica Lewinsky, since he was charged with sexually harassing Paula Jones. There is not the slightest shred of evidence that he did sexually harass Jones, let alone lie about it. Clinton did not lie to conceal an underlying crime.) ..."

Amberglow: Loved how the Iran-Contra--Ollie North (note that Prince Bandar could be the swimming in the same water) came up in this discussion.

To which I might add Ollie and his Faux News gig, now in the Phillipines documenting the training of 'terrorist' fighters. Duh, a bait and switch script from the Pentagon Propaganda Rapid Response Team???

Oh, and the ole great Darth of the Dark paranoid (or is it much to hide) side claims his 'visitor list' is 'executive privilege'. Geez, NSA surveilance might bring some really 'fun' stuff to light. I would think that just a list of all the 'travels' to the ME of all these big boyz for the last 30 years and who they met with would be extremely revealing or at least challenging for Snowjob to explain.

Guess, I'm just stuck on the 'underlying crime'. I would also like to applaud this JUDGE.

Oh, and if Karen is checking in here: Hi. No details needed, but give us a head's up. Please.

on Bork and Ana's link to next hurrah: "... emptywheel is also playing on Bork’s history: The Saturday Night Massacre. Before Nixon was impeached, he ordered his then Attorney General, Elliot Richardson, to fire the Special Prosecutor investigating him, Archibald Cox. Richardson, an honorable Republican—Yes, children, they existed in those days, although today everyone who remains a Republican knows the score or is in denial—refused and resigned. Nixon then ordered Deputy Attorney General William Ruckelshaus to fire Cox. Ruckelshaus—unbelievably, a second honorable Republican—refused and was fired. Nixon then turned to Robert Bork, who, like the good authoritarian he was, did the dirty deed at his leader’s bidding. And that, children, is why the Republicans wanted Bork on the Supreme Court!" -- http://www.correntewire.com/scooter_pardon_campaign_just_a_warmup_for_a_fight_against_impeaching_bush

"Oh, and the ole great Darth of the Dark paranoid (or is it much to hide) side claims his 'visitor list' is 'executive privilege'."

That not one of our TV news or print news organizations even asks what Cheney does every day, or who he meets, or where he goes, or anything, is totally disgusting. He's the most powerful VP in history and operates in total secrecy. It's up to CREW and the ACLU and other non-profits to sue for information, while we pay Cheney's salary and he is supposed to be our employee.

Heads up. Somebody was kind enough to post the Big Dog's commencement address at Harvard on YouTube in three parts. Funny, serious, insightful, some great anecdotes, talks about his relationship with Poppy Bush, "I love the guy", his tsunami work, Rush Limbaugh, Martin Luther King, Bono. Remember what it was like to have a President who could deliver paragraphs of rational thought eloquently without notes, to normal people unscreened by SS thugs?

http://www.youtube.com/watch?v=XX2QkWUsVgU
Thanks to Andrew Sullivan.

On a similar note, via TPM:

~~
From the president's press conference this morning in Rome with Italian Prime Minister Prodi:

Q: And the deadline for the Kosovo independence --

BUSH: What? Say that again?

Q Deadline for the Kosovo independence?

BUSH: A decline?

Q Deadline, deadline.

BUSH: Deadline. Beg your pardon. My English isn't very good.

~~
posted without comment
http://www.talkingpointsmemo.com/archives/014549.php

It's pitiful--was that the hangover day when he skipped the morning things?

More on Bandar, and the implications for US: "What's stunning about these reports that Bandar was funnelled $2 billion in bribes from an $80 billion UK-Saudi arms deal is that no one - not Tony Blair, who shut down the UK Serious Fraud Office investigation, not Bandar, not BAE -- is really denying it....
Blair just openly said, we're shutting this investigation down because official exposure of the truth will hurt British national security interests. No effort to deny that the truth is really ugly, and shows the British government at the highest levels going back to Thatcher authorizing open bribery. That BAE's lawyers will spin it so that it can still buy US defense firms and not get targeted by the US Foreign Corrupt Practices Act is another certainty, and one the US government seems certain to permit. ..." -- http://www.warandpiece.com/blogdirs/006235.html

Can someone explain why wasn't this amicus couldn't have been filed earlier? It's "question" appears to be on the table from the day Fitz was appointed.

They probably thought he would get off, like they usually do. They poured money into his legal defense, and he had the weight of the Govt. behind him. They probably also thought Fitzgerald was more corrupt and pliable than he actually was.

Don't forget--originally this all was an internal investigation, no?

So Bill Clinton likes George Herbert Hoover Bush, I did not support GHH Bush's economic policies whatsoever.

I considered Bush 41 a failure and either out of touch or possibly deliberately not going to go against his corporate masters.

"I would much prefer someone like Krugman to be the naxt guest."

Yes, Please! Krugman might even read this blog. Didn't he quote Klein from one of Joe's posts here a couple months ago (saying the Nancy Pelosi reporting was "abysmal").

He'd make a good economist to balance out Armey. (Somehow, though, I get the feeling that Stengle would dismiss him as a D. F. H. ...)

I gotta admit - I only read this blog for the comments - they're so much better than the "professional" pundit opinions.

My reaction to Dick Armey? Just like my reaction to most of MSM over the past 15 years: Are you out of your effing mind?!?!?!?

It would be good to get Krugman out from the NYT firewall, but I bet he's under an exclusive contract for them.

Breaking news: USA Today is reporting that apparently Fred Thompson was a registered lobbyist for 18 years. Who'd a thunk it? I guess USA Today was willing to go that extra mile by spending 5 minutes googling 'Fred Thompson'. I guess Time's crack investigative team was busy on something else more worthwhile.

http://www.usatoday.com/printedition/news/20070607/a_thompson07.art.htm

"Can someone explain why wasn't this amicus couldn't have been filed earlier? It's "question" appears to be on the table from the day Fitz was appointed."

the actual issue for the brief is whether the question is "close" enough (i.e. if there is a serious chance his conviction will be reverse on appeal) to justify keeping Libby out of jail pending his appeal. The sentence was not handed down, and Walton's decision to not grant bail pending the resolution of the appeals process, did not happen until Tuesday. (Basically, this is a question of whether Libby should get bail or not -- which wasn't an issue until Tuesday.)

The thing is, even if the courts find that Fitz's role was Unconstitutionally designed, it might not constitute reversible error insofar as there is no evidence of misconduct on Fitz's part. Fitz could have been assigned the case without the "special prosecutor" designation, and would have pursued the case in the exact same way. Fitz's status as special prosecutor in no way impigned upon Libby's rights, nor is there any reason to suspect that decision of the jury would have been different.

Pace wrote a letter for Libby too-- http://www.taylormarsh.com/archives_view.php?id=25716

Steve Clemons has a *very* interesting take on the firing of Peter Pace:

~~
Pace had responsibilities to oversee the national security needs of an entire nation -- for Democrats and Republicans -- and in our tradition, the senior echelons of the U.S. military are supposed to be non-political while still in uniform. Pace went over a big red line in his letter of support in Libby's case -- and all of his enemies in and out of the uniformed services have pulled their knives out.

In a similar political spat, Pete Pace was brown-nosing the President (he thought) in his condemnation of homosexuals as immoral. Again, this is another political issue he should have remained out of -- but given his responsibilities in managing the military's "don't ask, don't tell" policy, there is reason why he might have commented to some degree.

...

It's good to have Peter Pace out. The military is powerful enough in this country without inappropriate political posturing by its top commander in matters dealing with complex social issues like gay rights or weighing in on the degree of sentence deserved by a senior White House official convicted of a serious federal crime.

It's time to move on to Admiral Mike Mullen -- who is an outstanding leader, first rate. . .and someone I will write more about shortly.
~~

http://www.thewashingtonnote.com/

"The military is powerful enough in this country without inappropriate political posturing by its top commander in matters dealing with complex social issues like gay rights or weighing in on the degree of sentence deserved by a senior White House official convicted of a serious federal crime."

Except that lately we hear about that all the time, whether it's Generals calling Iraq a "crusade" and part of some Christian plan for the US, or on many many other issues--all political and social. I don't think you get moved up the ranks, or become a General during peacetime, unless you have the right social stands for whatever administration or political appointee above you is in power at the time.

look at all the stuff like this that has come out--they're not punished for it:

"Inquiry Sought Over Evangelical Video
Defense Department Asked to Examine Officers' Acts Supporting Christian Group : In the video, much of which was filmed inside the Pentagon, four generals and three colonels praise the Christian Embassy, a group that evangelizes among military leaders, politicians and diplomats in Washington. Some of the officers describe their efforts to spread their faith within the military." -- http://www.washingtonpost.com/wp-dyn/content/article/2006/12/10/AR2006121000883.html

AF Academy: "...The academy's superintendent, Lt. Gen. John Rosa, told the school's civilian oversight board last month that those yielded complaints of 55 instances of religious bias in the past five years, including proselytizing by Christians, use of Bible quotes in official e-mail and an ad promoting Jesus in the base newspaper, signed by 200 academy leaders. ..." -- http://www.usatoday.com/news/nation/2005-05-03-academy-usat_x.htm

There's tons and tons of this stuff, which is all condoned and participated in by bigshots in the forces.

and of course: "Faith-based intolerance: Gen. Boykin's talk of God the Bigger reflects Bush's own thinking - Column - William Boykin, Pentagon intelligence officer's views on Islam and war on terrorism -- ... the general, an evangelical Christian toiling at the Pentagon as the deputy undersecretary for intelligence, unintelligently told a Florida audience that a Muslim Somali warlord was captured because "I know my God is bigger than his. I knew that my God was a real God and his was an idol. "To an Oregon audience, the general-theologian said that belligerent Islamists hate the United States "because we're a Christian nation and the enemy is a guy named Satan." Presumably a bad guy. ... Neither Commander-in-Chief Bush nor Secretary of Defense Donald Rumsfeld ordered Boykin to be demoted, much less fired. ..." -- http://findarticles.com/p/articles/mi_m1141/is_4_40/ai_110808642

He was allowed to continue serving until his retirement a few years later. Most are not punished for any of this, even if some small policy rules are changed.

related (and ugh!) -- Libby as "fallen soldier": http://pandagon.net/2007/06/09/a-league-of-their-own/

I wonder if Libby's defenders realize that many have worked in large organizations or have been asked to justify their actions.

If a matter was so important to my boss that he spent over a week deciding my actions and goals, I would remember my actions three years later.

If the actions and goals were so questionable that a colleague resigned because he believed he was committing treason (Fleischer), I would remember my actions and understand why I believed they were legal and honorable.

If I was innocent, I would testify at my trial.

If my subordinate was on trial for actions I asked him to do, and I believed those actions were both legal and honorable, I would testify in his defense. And if he was convicted through a miscarriage of justice, I would stand up and tell the world why I believed the actions were both legal and honorable.

Who would do otherwise?

amberglow, thanks for all those links reminding us of the extremist fundamentalism infecting our military. I'm curious to see if it gets toned down under Gates.

Michael Bérubé did a masterful job ridiculing that asinine WSJ op-ed. (I am so happy to see that he isn't wholly absent from the blogos.) A full dose of the ridicule it richly deserves.

Anonymous Liberal has some choice bits in an update to his Free Scooter post:
~~

Libby isn't a fallen soldier. He's a convicted felon. There's an enormous difference.

UPDATE II: Comment of the day, from Mike:

The Fitzgerald investigation was 100% a perjury trap. It put Libby into a position where the only alternative to perjury was to violate one of his boss's fundamental principles by telling the truth.
~~
There's more:
http://www.anonymousliberal.com/2007/06/no-amnesty-unless-its-for-scooter.html

wow...you people are a hateful bunch. Calling for Krugmans head because he breaks from your lock-step, one mind group mentality. I quess it worked for Hitler so good luck with that.

wade, who called for Krugman's head?

And was who at Time was part of the whole Libby case? Did anyone testify? Was anyone here one of the useful idiots who was fed Plame's identity?

hey...who gave up Valerie plames name anyway?

was it scooter? no..i think it was someone else.
scooter did the same thing President Clinton did..lied under oath..

sorry..i ment Klein not Krugman...but i hear they may be related.

Breaking News......

Reliable sources tell me that Mr. Cheney is behind Paris Hilton's recent return to the slammer. Apparently she has some info. about the Scooter libby deal.
Theses people will stop at nothing!!!!!

Scooter's old boss had a busy week, inbetween drinking all that innocent Iraqi blood he needs to thrive, of course: "...We learned that the vindictive Veep had blocked the promotion of Justice Department official Patrick Philbin for having the temerity to oppose the administration's warrantless eavesdropping program. We learned that he had given yet another speech, this time to high schoolers, in which he linked the invasion of Iraq to 9/11 ..." -- http://www.huffingtonpost.com/arianna-huffington/sunday-roundup_b_51462.html

Wasn't it many people in Cheney's office and the WH who gave out Plame's name? Didn't the reporters testifying say they all got calls about it from different WH people?

I love the smell of Godwin's Law this early in the morning!

Pretty well established:

Cheney ===>

Libby, Rove, Fleischer ===>

Miller, Cooper, Novak, Pincus, Sanger ===>

Carney, V. Novak, the World

Armitage is a red herring. Pul-lease! (big eye-roll)

OMG! Wade is so .... HATEFUL! Comparing my mentality to ... to ... HITLER! Boo hoo! Now that really hurts! I feel so wounded and dirty!

Nobody gets to squeal "hateful!" in the same post as they invoke Godwin's law. Them's the rules, Hitler-boy. Larn 'em, and larn 'em good.

"was it scooter? no..i think it was someone else."

actually it was scooter -- he told Miller and Cooper.

That being said, IMHO Armitage (and Woodward) should have been idicted for obstruction (if Woodward is to be believed--a very big IF). According to Woodward, on a couple of occassions he went to Armitage and asked to be able to disclose the fact that Armitage had told Woodward about VPW even before he'd told Novak, and Armitage said "no". That, to me, is the essence of a conspiracy to obstruct justice, and both those SOB's should have been hauled off to jail.

Meanwhile, Broder needs to be committed: "Broder on Libby: ‘This whole controversy is a sideshow.’" -- http://thinkprogress.org/2007/06/10/broder-on-libby-this-whole-controversy-is-a-sideshow/

He honestly makes insane people like Limbaugh and O'Reilly seem rational compared to him.

I had a little problem with my gag response as I read the footnote.

Your dry wit on this one is Ivinesque. I hope you'll keep Molly sitting on your shoulder as you continue your work.

The judge is, of course, right!

All of you are avoiding my Cheney/Paris connection..i thnk i may be on to something....

amazing how many retards hold law degrees. or maybe they are just plain criminal like the rest of the administration.. personally, i think those are one in the same.

one day people will realize that, even though loyalty to criminals may pay off in the present, it WILL catch up to you and cost you much more than the price the people you stepped on paid.

evil NEVER learns its lesson.. EVER.

For God's sake, whose idea was it to put the whole point of the article in an image using flyspeck text at a resolution ideal for 640x480???

The whole world isn't using your 486 Windows 95 box!

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