The US Constitution gives the President the unbridled power to
pardon people. Article II, Section 2: [The President] shall have
power to grant reprieves and pardons for offenses against the
United States, except in cases of impeachment.
Presidents, in modern times, have typically issued a list of
pardons on their last day in office so there is no political
outfall. Presidents need not give any reason for a pardon. They
just sign a paper and it's done.
Bill Clinton understood this in his bones. On January 20, 2001 he
pardoned about 7,233 people including people with names like Mark
Rich and Roger Clinton.
The trial of Lewis "Scooter" Libby on five counts of obstruction
of justice, making false statements and perjury began yesterday
with jury selection.
President George W. Bush should use Article II, Section 2 to
pardon Lewis "Scooter" Libby. He should do it today. He should
sign whatever paper he has to sign and stop this foolishness.
Libby, you may remember, is the only person ever to be charged in
the phony scandal regarding Joe Wilson and his wife Valerie Plame.
Plame, to briefly review the bidding, had been a covert officer in
the CIA. Robert Novak revealed Ms. Plame's name in a column and
wrote that two members of the Bush Administration had told him she
worked at the CIA.
It is illegal to reveal the identity of a covert officer in the
CIA unless that person is no longer a covert officer in the CIA
and the CIA actually took steps to protect the covert officer's
identity and a couple of other things.
Absolutely none of the elements which would have made revealing
Valerie Plame's name a crime existed. None.
The other night on MSNBC's Hardball, Chris Matthews was so
flummoxed by the whole thing that he couldn't remember whether the
special prosecutor's name was Fitzgerald or Fitzpatrick.
The answer is both: His name is Patrick J. Fitzgerald.
It turns out that the first guy to mention Valerie Plame's name to
columnist Bob Novak was not Scooter Libby, or Karl Rove. It was
the then Deputy Secretary of State Richard Armitage.
Armitage, according to published reports, 'fessed up to the fact
he was the leaker but, according to Armitage, US Attorney Gerald
Fitzpatrick or Patrick Fitzgerald or whatever his name really is
"asked me not to discuss this, and I honored his request."
Whoa! Check please! Fitzgerald was hired to find out who had
leaked Valerie Plame's name to Bob Novak, right?
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