As I am a "blogger" and not a "journalist" I will dispense with any summary of the relevant facts and go straight into the commentary. Adequate coverage of the Scooter Libby trial that began today can be found here.
While the schadenfreude I readily admit to entertaining in seeing pretty much any high government official indicted for pretty much anything would seem to dictate my stance on the matter, I actually find myself sympathetic to Mr. Libby's position.
For starters, he is not being charged for the crime that took place, but with lying to investigators about it. Lying to the cops shouldn't be a crime, if for no other reason than such charges only seem to be applied in high-profile cases where the feds aren't likely to convict on the actual crime being investigated. Which is to say, this is a convenient way to take a weak case to trial. (Astute readers will recall that this is exactly what happened to Martha Stewart.)
In the face of such dubious charges, attorneys for the defense are expected to claim that Mr. Libby did not, in fact, "lie" when questioned, but rather "misremembered".
If you think about it, this is entirely plausible. Memory, after all, is quite fallible. I misremember things nearly every day...especially the particulars of conversations. (Just ask my wife. She, on the other hand, has trouble remembering whether she's seen a movie or not. I'm sure this is instructive.)
The beauty of this defense is that it is impossible to prove one way or another. Short of a recording of Mr. Libby on the phone immediately after the interview in question saying, "hey, the FBI was just here and I lied my ass off to them about the Plame thing," I don't really see how anyone besides Libby can ever really know whether he "lied" or "misremembered".
The point being, the defense just has to convince the jury that it's possible.
And suppose for a moment that it's actually true. I'd hate to think I could be facing up to 30 years in prison for something that happens to me almost every day.
Especially since I probably wouldn't be able to count on a presidential pardon.
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3 comments:
I think that a conviction actually would bring a December 2008 pardon. It's just everyone is currently ignoring the problem hoping it will go away quietly. Not 100% likely considering the media coverage of such a non-issue but I have yet to see one person bring it up outside NPR, the evening news and typical internet punditry. Seriously, who gives a shit? I wouldn't give a damn if he fucked an elephant as long as there was footage on youtube.
scooter libby was the lawyer who negotiated/delivered the cash for the mark rich pardon.
birds of a feather.
i care not what happens to him
C is the same way.
How can you forget you saw a movie???
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