tag:blogger.com,1999:blog-19984927.post6845118274567582063..comments2023-06-29T07:14:09.415-04:00Comments on Notes from the Reserve: Statement of Special CounselTim Ebyhttp://www.blogger.com/profile/02718545428234041773noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-19984927.post-61187818588485034482007-07-06T22:52:00.000-04:002007-07-06T22:52:00.000-04:00The question that should be asked is, "What was th...The question that should be asked is, <B>"What was the reason for Scooter lying to begin with?</B>Tim Ebyhttps://www.blogger.com/profile/02718545428234041773noreply@blogger.comtag:blogger.com,1999:blog-19984927.post-23502156745548022992007-07-03T16:46:00.000-04:002007-07-03T16:46:00.000-04:00This begs some perspective: First, let's dismiss J...This begs some perspective: <BR/><BR/>First, let's dismiss Jesse Jackson Jr's absurd call for impeachment of the president based on his specious claims of "very serious crimes against the constitution of the United States" (love the small "C", by the way). <BR/><BR/>Article II of the Constitution gives the president broad and unreviewable power to grant "Reprieves and Pardons" for all offenses against the United States. The Supreme Court has ruled that the pardon power is granted "[t]o the [president] . . ., and it is granted without limit" (United States v. Klein). <BR/><BR/>You incorrectly conflate US Code with presidential powers conferred by the Constitution. Sec. 1.3 does not apply to the president--only to the petitioner and those filing on his behalf.<BR/><BR/>Let’s now look at Libby’s outrageous prosecution itself:<BR/><BR/>A Special Prosecutor is granted enormous powers, and with them immunities--well beyond those of US Attorneys, State Attorneys General and (local) prosecutors. So special is the position and so great are their prosecutory powers that the statute that created the position must be renewed by Congress in regular intervals. In summary, Fitzgerald's conduct would have resulted in filings of entrapment and other misconduct if he were not a SP.<BR/>What Fitzgerald did to Libby was not much different than what Mike Nifong did to the Duke lacrosse players. Just as Nifong suppressed exculpatory evidence, Fitzgerald found out not long after his investigation began that it was Richard Armitage--outspoken Bush detractor in the State Department--and not Libby--who had told Richard Novak about Valerie Plame. It was Armitage who divulged her identity to Novak and supplied and supplied him with the information that was included in the infamous "leak" story. <BR/><BR/>But…not only did Fitzgerald know that Libby was not the source of the so-called leak, but he also knew that the leak was not a criminal offense. <BR/><BR/>Fitzgerald never prosecuted Armitage for divulging her covert status because he knew neither she, nor the CIA, no longer maintained her covert status (Aldrich Ames blew her cover in the late 90’s when he identified her to his Russian handlers). In order for the divulgence of a CIA agent's identity to be a criminal offense, not only must the CIA have actively maintained cover, but the offender must have known of said agent's covert status. Libby, Armitage, and everyone in the State Department who worked with her knew she was no longer a covert agent. <BR/><BR/>Further, just months before the “leak” Plame allowed herself to be featured in a “Who’s Who” list in Washingtonian magazine, and she made political contributions to the Gore-Lieberman campaign under her own name and by listing her former front company as her employer. <BR/><BR/>Libby was exculpated from criminal wrongdoing the second prosecutor Fitzgerald discovered that he was not the source of the "leak". Yet he continued to investigate him for a crime he did not commit. This same conduct will eventually put Mike Nifong in jail.<BR/><BR/>The president did the right thing.mikejhttps://www.blogger.com/profile/14603725474689309528noreply@blogger.com