There has been speculation that Libby is unqualified for a pardon because he has not confessed contrition for what he has done. This invites profound moral thought on what is appropriate behavior for someone convicted of a formalistic breach of the law.
Obviously Libby is sorry that he ran afoul of the law. Obviously he is sorry that he didn't find some means to put off the FBI this side of lying to FBI agents. But contrition of that sort is not going to satisfy the Hang Libby crowd. Because what these folks want is to damage the Bush administration. If Libby goes to jail, they will have the satisfaction that a former chief of staff of the vice president is behind bars. If he is pardoned, they will have the satisfaction of claiming that the chief executive is declaring that any crime done in the service of the president will be protected by the exercise of a presidential pardon.
The reason to give thought to the triviality of Libby's offense is precisely to unburden Bush of any sense of collaboration with true crime if he uses his pardoning power. No one, in the perspective of history, believes the first President Bush to have been a furtive advocate of crime when he pardoned Caspar Weinberger or Robert McFarlane for involvement in the Iran-Contra mess. We are not talking about a Mark Rich, an ongoing criminal pardoned by Bill Clinton for indefensible reasons.
Mr. Bush will have to exhibit the courage for which he is loved and hated, by doing the right thing, and letting Mr. Libby get on with life.
William F. Buckley, Jr. is editor-at-large of National Review, the prolific author of Miles Gone By: A Literary Autobiography.
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