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Bush commutes Scooter's prison termFollow

#27 Jul 03 2007 at 6:56 AM Rating: Decent
So when are they charging Armitage?
#28 Jul 03 2007 at 7:15 AM Rating: Excellent
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Abadd wrote:
So when are they charging Armitage?
Never and for the same reason as they won't charge Rove -- even if you assume there was a crime committed, there's not enough evidence to build a case that there was a knowing and deliberate effort to out an undercover operative. It wouldn't get through the grand jury so no one is going to waste the effort.
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#29 Jul 03 2007 at 8:17 AM Rating: Decent
Well, I don't follow politics as a rule but I did see this today. I dunno, between the President doing this and people freaking out over some pseudo wanna be celebrity and the subsequent result of that mess, I really have to question what the hell goes on in the minds of some of the elected officials sometimes. I won't for one minute attempt to debate this cause I don't know all the facts but it certainly seems to be more than a little uncalled for from what I've seen so far.
#30 Jul 03 2007 at 11:38 AM Rating: Good
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Red said
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I think the real reason he was pardonned is that Bush was afraid that Libby would make some revelations that would implicate Cheney, and would therefor be much more damaging than the current case.


I would love to have heard the conversation where Libby told the prez, that if he spent evn one single day having his **** reamed out in a stinking jail cell how he was gonna write a book about how he took the fall for Cheneys and Roves misdeeds.

Sure, it was never going to come to that unfortunately. And while I do think that Libby took the fall, because it had to be seen that someone did. I think its a rotton shame that that is all thats going to happen. The blatant dishonesty, manipulation of intelligence by the administration and the complicity of the media, in this whole filthy business that has led to the situation the US now finds itself in needs to....I was going to say 'be bought out into the open', but thats the mad thing, It already is out in the open!

The sad fact is that Paris Hiltons DUI case got more coverage than this sordid episode. Why? Because this farcical War on Terrror has been going on for so long now, and so many lies have been told and repeated again and again, that the attention span of the average Joe has been exhausted.

Seven Gi's have been killed in the last 2 days, as well as about 150 Iraqis (the ones reported that is). Who gives a shit? No-one?

Meanwhile the same paranoid ***** who were in charge of getting you guys into this mess are busy getting ready to bomb Iran.

They sussed it out long ago that if they just carried on regardless, people would lose interest and they could do as they please. Invade Iraq? no problem. Iran? Why not?

As long as there is some percieved threat (real or not, usually not) the people will be clamouring to be led to safety.

Libbys trial, his commuted sentence, and his eventual pardon are just one dirty little episode amongst a litany of lies, deceptions and actions driven by the greed and paranoia and belief of their own infallability of a comparatively small number of individuals, who managed to subvert the relatively good reputation of the USA.

Libby being let off (for that is what has happened) is yet another sad day, in a very long line of sad days for the reputation and good name of the US.


If theres a bunch of speeling misteaks in here, tuff. If I cant preview my posts in a proper fashion, then they are coming out as is.
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#31 Jul 03 2007 at 12:17 PM Rating: Decent
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Joph? Just an observation. You do realize that the link you quoted essentially supports exactly what I was saying, right?

Libby was convicted of one crime, but *punished* as though he'd committed another. Even though there was *zero* evidence that he was involved in any way with the actual leak of Plame's identity. Even though the prosecution knew this before even proceeding with the case. Even though both of the "lies" he told were shown to be irrelevant to the investigation via testimony by the two reporters.


The crime he committed was that he said one thing about those conversations when he spoke to the FBI, and then said something different about those conversations when he spoke to the special prosecutor. Since both statements were made under oath, this amounts to perjury. However, both reporters in their testimony at the trial stated that in the conversations that Libby had with them, he did not reveal Plames identity to them.

So. He lied. But not about the case at hand. His lie didn't conceal anything. His lie was simply that his two statements made 8 months apart differed. That's such a minor offense that it *should* have been dropped to litterally nothing. The only reason he got any jail time at all (and a significant amount) was because somehow the prosecutor managed to tie his perjury into the leak. Even though there was *no* connection at all other then the fact that Fitzgerald happened to uncover the two differing statements while investigating that leak.


The sentence was grossly out of line with the offense he actually committed.
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#32 Jul 03 2007 at 12:21 PM Rating: Good
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gbaji wrote:
Joph? Just an observation. You do realize that the link you quoted essentially supports exactly what I was saying, right?
It supports part of it, namely that sentencing in perjury cases goes deeper than the simple charge of perjury. However...
Quote:
The sentence was grossly out of line with the offense he actually committed.
...was dead wrong per the article. The sentence was within the "explicit instructions of the U.S. Sentencing Guideline[s]" for the charges.

Which was my entire point.

Edit: One "u" in perjury

Edited, Jul 3rd 2007 3:24pm by Jophiel
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#33 Jul 03 2007 at 12:24 PM Rating: Good
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Jophiel wrote:
Abadd wrote:
So when are they charging Armitage?
Never and for the same reason as they won't charge Rove -- even if you assume there was a crime committed, there's not enough evidence to build a case that there was a knowing and deliberate effort to out an undercover operative. It wouldn't get through the grand jury so no one is going to waste the effort.


You do see the disconnect between this statement and the sentencing "adjustments" you support up above, right?

There's not enough evidence to convict the guy who admitted to leaking her identity of the crime of leaking her identity, but there's plenty enough evidence to adjust the sentence of someone who had absolutely nothing to do with the leak, but the bad fortune to make some contradictory statements under oath...

It was a miscarriage of justice. Plain and simple.

Ok. Red?

Quote:
Still, it makes a complete mockery of teh justice system, and of the protection of the intelligence service, which in this age of ****, should be considered relatively important.



Kinda like these?

Look. It's a component of our legal system that the chief executive can commute and pardon. Blaming someone when they use that power is kinda silly...
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#34 Jul 03 2007 at 12:31 PM Rating: Excellent
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Even Bush didn't say he believes Libby is innocent of the charges on which he was duly convicted.

In fact, he pretty much stated that he believes Libby is guilty, but will be sufficiently punished by the fines and the public humiliation.

Those of us who anticipate seeing Libby in a cushy job before the year is out tend to view that latter statement with a jaundiced eye.
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#35 Jul 03 2007 at 12:33 PM Rating: Good
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gbaji wrote:
You do see the disconnect between this statement and the sentencing "adjustments" you support up above, right?
No, but you're always good for a laugh when you try to prove folks wrong so, shoot...
Quote:
There's not enough evidence to convict the guy who admitted to leaking her identity of the crime of leaking her identity, but there's plenty enough evidence to adjust the sentence of someone who had absolutely nothing to do with the leak, but the bad fortune to make some contradictory statements under oath...

It was a miscarriage of justice. Plain and simple.
Well... umm... no?

There are specific things which must be met for the crime of outing an agent. Namely that it must be deliberate and it must be proven that the person knew that the agent was covert and chose to out them anyway. Armitage admits to having mentioned Plame which is not remotely the same as admitting to deliberately outing someone he knows is a covert operative. As I said before, the same applies to Rove. Novak admits that Rove was a source. However, there's not enough evidence that Rove deliberately outted someone he knew was a covert agent to build a case. Assuming that Rove did know those things.

Libby, on the other hand, provably lied to the FBI and the Fitzgerald, knowing that he was lying during the course of a federal investigation regarding the outting of Plame. You can say all you want that he didn't, but a couple of judges (including Bush appointees) and two grand juries found, unanimously, that he did indeed commit those crimes. So you'll have to excuse me if I'm not swayed by our token Bush apologist swearing up and down that Libby was innocent.
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#36 Jul 03 2007 at 12:44 PM Rating: Good
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Look. It's a component of our legal system that the chief executive can commute and pardon. Blaming someone when they use that power is kinda silly...



He hasn't exercised that right very much tho has he? Until yesterday, that is.
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#37 Jul 03 2007 at 12:51 PM Rating: Good
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paulsol the Righteous wrote:
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Look. It's a component of our legal system that the chief executive can commute and pardon. Blaming someone when they use that power is kinda silly...
He hasn't exercised that right very much tho has he? Until yesterday, that is.
Actually, GW has issued 90+ pardons so far. Usually the floodgates don't open up until the final days of your term so you can flip off the public and say "Whatcha gonna do? Impeach me? Hahahahahah!!!!"
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#38 Jul 03 2007 at 12:53 PM Rating: Good
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Under the Guidelines, the offense severity for someone convicted of perjury or obstruction is the greater of either the severity rating for generic perjury/obstruction, or the severity rating of the offense being lied about or covered up. In essence, the Guidelines treat someone guilty of perjury or obstruction as an accessory after the fact to the offense underlying the lies and obstruction.


Um... Given that the investigator already knew who leaked her identity at the time he charged Libby, this is a somewhat bogus argument, don't you think?

The problem here is that in order to assume that he's covering up a larger crime, we must make assumptions that simply aren't supported by any evidence at all. We know that Armitage leaked the information to Novak, who then wrote his article which outted her. There is zero evidence that Armitage obtained this information from the VPs office (where Libby worked). In fact, he presumably knew this from the DoD and their direct connection with the trip to Niger (information Fitzgerald presumably knew about before even pursuing Libby).

We can guess that there was a second "source" of the leak occuring at the exact same time. We can guess that if Armitage hadn't leaked the information to Novak that resulted in Plame's outting, that maybe Libby's converstations with Miller and other reporters might have resulted in the same information becoming public. But that's *not* what happened. We can't play "what if" games here. We have to act on what actually happened.


The underlying crime was the leak that occurred, not another leak that might have happened if that one hadn't happened. Sentencing Libby for covering up a leak that he didn't cause is somewhat silly...
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#39 Jul 03 2007 at 12:53 PM Rating: Decent
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gbaji wrote:
It was a miscarriage of justice. Plain and simple.
Well over here we called it a 'Presidential Election', but what the hey.

He lied under oath. Bush acknowledged it because it was even obvious to him.

gbaji - looking like a cUnt since 1998.
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#40 Jul 03 2007 at 12:58 PM Rating: Decent
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Bush has been more sparing in his exercise of the constitutional pardon power than any president in the last 100 years, including his father. He has pardoned only 113 people in more than six years in office and denied more than 1,000 pardon applications. He has granted only three of more than 5,000 requests for sentence reduction from federal prisoners. Many hundreds of applications remain to be acted on.
Link

Quote:
By contrast, six years into his presidency, President Reagan had pardoned more than 300 people and commuted 13 sentences — and that was at a time when federal prisoners could still hope for parole. Going further back, President Nixon issued 863 pardons and 60 commutations; President Ford issued 382 pardons and 22 commutations; President Carter issued 534 pardons and 29 commutations.
Bush's pardons have not only been few in number, but they have been remarkably unremarkable. Not one of his grants has been even remotely controversial, an amazing accomplishment at a time when every presidential action is subject to intense scrutiny and may be used as fodder for partisan advantage.



Still say he's lookin after his own interests.


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#41 Jul 03 2007 at 1:04 PM Rating: Decent
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gbaji wrote:
The problem here is that in order to assume that he's covering up a larger crime, we must make assumptions that simply aren't supported by any evidence at all.
[...]
The underlying crime was the leak that occurred, not another leak that might have happened if that one hadn't happened. Sentencing Libby for covering up a leak that he didn't cause is somewhat silly...
Our friend Edward Lazarus wrote:
Is it really fair, after all, to up Libby's punishment for obstructing an investigation in which there was no underlying crime charged (or perhaps even committed)? (Readers may object that a crime must have been committed, since no one can dispute that Valerie Plame's identity was, in fact, revealed. However, it is possible, for example, that the person who released the information lacked the state of mind necessary for criminal punishment.)

In his sentencing memorandum, Special Counsel Fitzgerald asserted that under the Guidelines, it does not matter whether the investigation ripened into an actual criminal charge against the defendant or anyone else. On this point, it looks like Fitzgerald has a pretty good legal argument, based on the text of the Guidelines and the accompanying materials.

And it's not hard to see why. The mere fact that the underlying investigation did not result in criminal charges can't be the difference-maker. If it were, then a really successful cover-up would result in more lenient sentencing for a perjury/obstruction defendant, than would a less successful one - that is, one which led to criminal charges. That makes no sense, as it rewards talented and effective deception, the most dangerous kind.
(Bolding mine)

As much fun as it is to watch you play Junior Law Man because you listened to the radio today, you're just wrong. Sorry.
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#42 Jul 03 2007 at 1:56 PM Rating: Good
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Palpitus wrote:
And he'll likely pardon him fully right before he leaves office.

I do think the sentence is a bit harsh based on the above passage, don't see why underlying crimes should relate to punishment of other crimes. But it wasn't outside the bounds enough to warrant a change via Presidential action.

Personally I think the pardon/commuting prerogative for Presidents is unfair, violates separation of powers, and shouldn't exist.


So that whole "accessory after the fact" thing just whooshed right past you, then?



No, the quoted article wasn't actually supported by any passages from any guidelines, despite the authors mentioning that such guidelines were "explicit". The argument of the prosecutor seemed more a generic argument than one supported explicitly and hence I choose to disagree with its merits. If the author of the above passage would like to actually cite these "explicit" passages and not rely on what seems a series of subjective interpretations, I'd certainly reform my opinion.
#43 Jul 03 2007 at 2:02 PM Rating: Good
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Palpitus wrote:
If the author of the above passage would like to actually cite these "explicit" passages and not rely on what seems a series of subjective interpretations, I'd certainly reform my opinion.
Feel free to send him an e-mail expressing your displeasure.
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#44 Jul 03 2007 at 2:04 PM Rating: Good
A couple questions related to this:

On CNN and other news sources they claim/ed that Bush was under "great pressure" to pardon Libby. I've been confused as to where this pressure is coming from; liberals certainly not, the public no, and even the republican debate indicated that not all conservatives think he should be pardoned. So what is this great pressure? Karl Rove?

Anyone else think Valerie Plame is totally hot?
#45 Jul 03 2007 at 2:06 PM Rating: Excellent
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Palpitus wrote:
A couple questions related to this:

On CNN and other news sources they claim/ed that Bush was under "great pressure" to pardon Libby. I've been confused as to where this pressure is coming from; liberals certainly not, the public no, and even the republican debate indicated that not all conservatives think he should be pardoned. So what is this great pressure? Karl Rove?



I'd have to guess Richard "I Shot the Sheriff" Cheney.
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#46 Jul 03 2007 at 2:08 PM Rating: Default
Jophiel wrote:
Feel free to send him an e-mail expressing your displeasure.


Well, if I cared more about politics at this point I'd research the actual guidelines themselves to form my opinion. But if all we're citing in this matter are this guy's somewhat arbitrary and contradictory claims, yeah I'll be skeptical without direct reference.
#47 Jul 03 2007 at 2:13 PM Rating: Excellent
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Palpitus wrote:
Well, if I cared more about politics at this point I'd research the actual guidelines themselves to form my opinion.
Actually, I just looked. It says what he claims. Have at it and check for yourself.

§2J1.2. Obstruction of Justice
(a) Base Offense Level: 14
(b) Specific Offense Characteristics
[...]
(c) Cross Reference
(1) If the offense involved obstructing the investigation or prosecution of a
criminal offense, apply §2X3.1 (Accessory After the Fact) in respect to
that criminal offense, if the resulting offense level is greater than that
determined above.


Later, it adds...

Background: This section applies to perjury, subornation of perjury, and witness bribery, generally prosecuted under the referenced statutes. The guidelines provide a higher penalty for perjury than the pre-guidelines practice estimate of ten months imprisonment. The Commission believes that perjury should be treated similarly to obstruction of justice. Therefore, the same considerations for enhancing a sentence are applied in the specific offense characteristics, and an alternative reference to the guideline for accessory after the fact is made.
Quote:
But if all we're citing in this matter are this guy's somewhat arbitrary and contradictory claims
Are you just throwing random words in there? Smiley: confused

Edited to add passage

Edited, Jul 3rd 2007 5:21pm by Jophiel
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#48 Jul 03 2007 at 4:18 PM Rating: Default
Jophiel wrote:
Palpitus wrote:
Well, if I cared more about politics at this point I'd research the actual guidelines themselves to form my opinion.
Actually, I just looked. It says what he claims. Have at it and check for yourself.

§2J1.2. Obstruction of Justice
(a) Base Offense Level: 14
(b) Specific Offense Characteristics
[...]
(c) Cross Reference
(1) If the offense involved obstructing the investigation or prosecution of a
criminal offense, apply §2X3.1 (Accessory After the Fact) in respect to
that criminal offense, if the resulting offense level is greater than that
determined above.


Later, it adds...

Background: This section applies to perjury, subornation of perjury, and witness bribery, generally prosecuted under the referenced statutes. The guidelines provide a higher penalty for perjury than the pre-guidelines practice estimate of ten months imprisonment. The Commission believes that perjury should be treated similarly to obstruction of justice. Therefore, the same considerations for enhancing a sentence are applied in the specific offense characteristics, and an alternative reference to the guideline for accessory after the fact is made.


Thanks, looks like the sentencing decision was valid.

Quote:
Quote:
But if all we're citing in this matter are this guy's somewhat arbitrary and contradictory claims
Are you just throwing random words in there? Smiley: confused


Contradictory:
Quote:
First, the severity of the offense the defendant was proven to have committed(...)
vs.
Quote:
(...)the offense severity for someone convicted of perjury or obstruction is the greater of either the severity rating for generic perjury/obstruction, or the severity rating of the offense being lied about or covered up.


Libby was convicted of perjury and obstruction, not perjury relating to X and obstruction related to X. If the latter portion of the above quote is true, the first portion is not, or is lacking in depth. The first portion has no asterixes or footnotes attached, implying that it's true of itself, or that it did and the author chose to later explain them without fully disclosing the text. This can be explained by the qualifier "main" in "main factors", but I qualified "arbitrary and contradictory" with "somewhat" so I'm simply saying without the full text of the guidelines, it can seem that this is contradictory. Too, the guideline text itself may be semantically contradictory, legal verbiage certainly isn't beyond that.

Arbitrary: IMO anyone who claims something is "explicit"/ly stated but doesn't provide a full source text can be seen as arbitrarily selecting from such text and/or paraphrasing to suit his agenda. Just look at arguments surrounding the Geneva Convention--such arguments without citing the actual text are not much more than opinion of what the text means. Even someone citing a certain section of its text as a basis for argument may be arbitrary in his selection, if he ignores another section that would more properly define the issue or further explain it, or even seem to contradict it. Without reading the entire cited text, one can't be sure the selection used by an arguer is the whole story.

Also, he didn't provide a counterargument to defend against, or what the defense attorney had argued. He provided what the prosecutor argued, so it makes me skeptical that he ignored a defense that would also use the guidelines as a reference. But I'm too lazy to follow the link, maybe he did elsewhere.

Basically I just found it a bit lacking in detail and suspicious in the author's choice of paraphrase(opinion?), use of "explicit" with no text, felt he may be in error and the prosecutor's argument wasn't specifically mentioned in the guidelines despite his assertions (and in contradiction to the first "main factor"). Felt it could be his interpretation rather than a dry explanation of the guidelines. And got a woosh comment. Whatever.

Libby sucks, Bush sucks, I hate the administration, but I'm not going to accept something that seems odd just because accepting it would make my detest more valid.

EDIT: i suck at quotes and italics

Edited, Jul 3rd 2007 8:20pm by Palpitus
#49 Jul 03 2007 at 5:18 PM Rating: Decent
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Jophiel wrote:
gbaji wrote:
The problem here is that in order to assume that he's covering up a larger crime, we must make assumptions that simply aren't supported by any evidence at all.
[...]
The underlying crime was the leak that occurred, not another leak that might have happened if that one hadn't happened. Sentencing Libby for covering up a leak that he didn't cause is somewhat silly...
Our friend Edward Lazarus wrote:
Is it really fair, after all, to up Libby's punishment for obstructing an investigation in which there was no underlying crime charged (or perhaps even committed)? (Readers may object that a crime must have been committed, since no one can dispute that Valerie Plame's identity was, in fact, revealed. However, it is possible, for example, that the person who released the information lacked the state of mind necessary for criminal punishment.)

In his sentencing memorandum, Special Counsel Fitzgerald asserted that under the Guidelines, it does not matter whether the investigation ripened into an actual criminal charge against the defendant or anyone else. On this point, it looks like Fitzgerald has a pretty good legal argument, based on the text of the Guidelines and the accompanying materials.

And it's not hard to see why. The mere fact that the underlying investigation did not result in criminal charges can't be the difference-maker. If it were, then a really successful cover-up would result in more lenient sentencing for a perjury/obstruction defendant, than would a less successful one - that is, one which led to criminal charges. That makes no sense, as it rewards talented and effective deception, the most dangerous kind.
(Bolding mine)

As much fun as it is to watch you play Junior Law Man because you listened to the radio today, you're just wrong. Sorry.


There's a huge gaping flaw in that approach though.

The reason the underlying charge need not be made in the case of perjury or obstruction charges is specifically based on the assumption that had the person not lied and obstructed the investigation, a charge *would* have been filed (or at least filable). That clearly is not the case here though since it is absolutely known without *any* doubt that the conversations that Libby had with Miller did not result in the outing of Plame and was *not* the leak that occured and for which the investigation was created.


It's not the General Guidelines I'm questioning. It's the application of those guidelines. It's *really* clear that this special case is intended for situations where someone lies and effectively covers something up, you know he's lying, you know he's covering it up, and because of that you can't figure out who did whatever thing you are investigating. That's absolutely not the case here. Fitzgerald knew who the source of the leak was long before he ever questioned Libby. It was bad enough that he choose to continue his investigation to effectively go on a fishing trip to see if he could nail a senior white house official, but to then try to stick him effectively with the crime that he knows Libby didn't commit is absurd.
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#50 Jul 03 2007 at 5:33 PM Rating: Decent
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Just before someone pulls out the " Fitzgerald chased down Libby in a case thats purely political' card,.....

Bush political appointee James Comey named Bush political appointee and career prosecutor Patrick Fitzgerald to investigate the Plame leak. Bush political appointee and career prosecutor Fitzgerald filed an indictment and went to trial before Bush political appointee Reggie Walton. A jury convicted Libby, and Bush political appointee Walton sentenced him. At sentencing, Bush political appointee Judge Walton described the evidence against Libby as “overwhelming” and concluded that a 30-month sentence was appropriate.
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#51 Jul 03 2007 at 6:06 PM Rating: Excellent
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gbaji wrote:
It's *really* clear that this special case is intended for situations where someone lies and effectively covers something up, you know he's lying, you know he's covering it up, and because of that you can't figure out who did whatever thing you are investigating.
*Shrug* You're wrong. The document says you're wrong, Fitzgerald says you're wrong, Judge Walton says you're wrong, the federal prosecuter from FindLaw says you're wrong... all people who know infinitely more about this stuff than you.

Sorry. I hope you have a better argument to display your knowledge of how perjury sentencing is carried out than "'Cause I say so"
Paulsol wrote:
Bush political appointee James Comey named Bush political appointee and career prosecutor Patrick Fitzgerald to investigate the Plame leak. Bush political appointee and career prosecutor Fitzgerald filed an indictment and went to trial before Bush political appointee Reggie Walton. A jury convicted Libby, and Bush political appointee Walton sentenced him. At sentencing, Bush political appointee Judge Walton described the evidence against Libby as “overwhelming” and concluded that a 30-month sentence was appropriate.
I'll add to that again that two grand juries unanimously found the charges against him to be valid (one jury for the indictments and another to find him guilty).

Edited, Jul 3rd 2007 9:17pm by Jophiel
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