DAR
An extended excerpt (about half) from a small town Op-ed:
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THE WAY IT IS: Typewriters hurled over Scooter Libby fiasco
By Steve Thomas
Saturday, July 7, 2007
"Now Bush has commuted the jail sentence of former aide Scooter Libby. After being convicted by a jury and sentenced by a judge to 30 months for obstruction of justice, Bush pulled the plug on incarceration after a higher court ruled that Scooter had to start doing time while his appeals progressed through the system. Bush exercised his Constitutional authority and kept Scooter out of jail, saying the sentence was excessive.
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Libby should have gone to jail, period. He was found guilty, sentenced by a judge and his bid to put off his jail time during appeals was rejected by a panel of judges. I think the man who prosecuted the Libby case, Patrick Fitzgerald, put it well in his statement after the commutation:
“We fully recognize that the Constitution provides that commutation decisions are a matter of presidential prerogative and we do not comment on the exercise of that prerogative.
“We comment only on the statement in which the President termed the sentence imposed by the judge as ‘excessive.’ The sentence in this case was imposed pursuant to the laws governing sentencings which occur every day throughout this country. In this case, an experienced federal judge considered extensive argument from the parties and then imposed a sentence consistent with the applicable laws. It is fundamental to the rule of law that all citizens stand before the bar of justice as equals. That principle guided the judge during both the trial and the sentencing.
“Although the President’s decision eliminates Mr. Libby’s sentence of imprisonment, Mr. Libby remains convicted by a jury of serious felonies, and we will continue to seek to preserve those convictions through the appeals process.”
At least one sentence of that statement is worth repeating: “It is fundamental to the rule of law that all citizens stand before the bar of justice as equals.”
It reminds me of another quote, but this one from a fictional character, attorney Atticus Finch in Harper Lee’s classic, “To Kill A Mockingbird:”
"Now gentlemen, in this country our courts are the great levelers, and in our courts all men are created equal. I'm no idealist to believe firmly in the integrity of our courts and of our jury system. That's no ideal to me. That is a living, working reality.”
The president’s action in the Libby case has made this living, working reality into a debased, sad fantasy. Unless all men are equal before the bar of justice, no man is equal before the bar of justice. The commutation of Libby’s sentence undermines the faith of the American people in the system of justice, underscoring a growing perception that this nation is increasingly unequal, that there is not one American dream but instead many American nightmares, that we are no longer a nation where competition and compassion can coexist in a unique if sometimes uncomfortable fashion.
Instead we are faced with some ugly questions and answers:
-Among the American military, who is dying in Iraq and Afghanistan? For the most part, people who found their best economic opportunities in the armed services, though love of country has always outweighed dollar signs among soldiers I have known.
-Who has been left to sink into despair in the wake of Hurricane Katrina? The poor, who had little to lose, but lost it all anyway.
-Whose jobs are disappearing overseas as the result of trade policies? The working poor and the lower middle class who are finding fewer and fewer opportunities for work.
-Who is having the hardest time finding health care coverage? The people who can least afford it.
-Who is most likely to go to jail? Anyone who isn’t Scooter Libby, a guy with a lot of dirty secrets about the man who had the power to commute his sentence and who, with a stroke of a pen, did just that.
America has never been a perfect, fair, country motivated only by unconditional love. It has never been a paradise or without its great flaws. However, no matter how big the flaws, there have always been even greater strengths to light the way into the future.
Now, George Bush and his cronies are showing America in the worst possible light. They are illuminating the chasm between the weak and the powerful, the rich and the poor, the connected and the disconnected. They are doing all they can to find a death row cell for the American Dream and when crunch time comes, giving none of us hope for a commutation of that sentence.
I guess it’s no surprise. This administration has found comfort in secret courts, domestic spying, defying Congressional subpoenas, smudging the protective line between church and state, developing policies behind closed doors, ignoring corruption and treating compromise with contempt. When it comes to the big things, they have learned all the wrong lessons from the past. When it comes to getting away with things, they have learned how to succeed on a grand scale.
It’s unlikely this Congress will ever impeach George Bush because his people - some of who were close at hand during Watergate - didn’t make any Watergate-like tactical errors: no tapes, no smoking gun, no hard evidence of deliberate wrongdoing. That doesn’t make them any less guilty of what Theodore H. White described as the underlying deed that undid Nixon:
“The true crime of Richard Nixon was simple: he destroyed the myth that binds America together, and for this he was driven from power.
“The myth he broke was critical - that somewhere in American life there is at least one man who stands for the law, the President . . . That faith holds that all men are equal before the law and protected by it; and that no matter how the faith may be betrayed elsewhere, at one particular point - the Presidency - justice will done beyond prejudice, beyond rancor, beyond the possibility of a fix.”
Cops will continue to do their duty, prosecutors will continue to do theirs and judges will do likewise, but guilty men everywhere will find comfort in knowing that the justice system can be treated like a whore, if you have enough money or clout or both. Mob bosses will admire Bush’s loyalty to a closed-mouth soldier and petty criminals may well want to do better than small crime because they’ll realize that big crime pays big dividends.
Pass a bad check and go to jail. Attempt to subvert the justice system and never see the inside of a cell. Thanks a lot, George Bush.
Yet a small part of me won’t give up on our country. I think it can be brought into a better future with a healthy application of more democracy via the ballot box. I don’t know who will get my vote in the future, but I won’t surrender to the anger and cynicism that grip me right now."
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