-Caveat Lector-


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From: [EMAIL PROTECTED]
Date: March 8, 2007 12:12:30 PM PST
To: [EMAIL PROTECTED]
Cc: [EMAIL PROTECTED], [EMAIL PROTECTED], [EMAIL PROTECTED]
Subject: "Republican Principles" -- an Oxymoron


An example of the Republican Party's ideological contempt for the LAW --whether criminal or Constitutional-- except when enforced venally, in self-interest, or expediently, as a political tool, and their ideological opposition to JUSTICE, defined as an objective, fair, nonpartisan principle.

A Crime Is Not a Crime
If Republicans Commit It

Jon Ponder | Mar. 8, 2007, 8:50 am
http://www.pensitoreview.com/2007/03/08/perjury-is-not-a-crime-when- republicans-do-it/ Conservatives are outraged about the guilty verdicts in the Scooter Libby case. The fact that Libby was convicted on four counts of lying to a Grand Jury and to FBI agents is, they say, a trifling matter for which there should be no jail time. In fact, Libby should be pardoned and receive no punishment at all.

On “Hardball,” on the day the verdicts were announced, Ed Rogers, the soul of soul-less rightwing authoritarianism, was so upset about the verdict he started to cry. “I am mad about this!” he yelped. The fact that 10 years ago these very same conservatives drove the U.S. government, in all its majesty, into the impeachment of Pres. Bill Clinton over something a trifling and tawdry as a sex lie makes no difference now. The difference in the two cases is stark and clear to the rightwing wannabe-oligarchs:

Libby was lying to protect the vice president and, thus, America.

Pres. Clinton is, you know — a Democrat.

Republicans who once railed about “the rule of law” and moaned “What will we tell the children?” are now tap-dancing as hard and fast as they can around legal technicalities and the fact that there was “no underlying crime” (because there is no specifically worded criminal sanction for taking the country to war by selling it a package of lies).

Sen. Lindsey Graham, (R-South Carolina) who was one of the House members who prosecuted the Clinton impeachment, summed up the Republican point of view on the Libby verdict:

“When it came to the grand jury, he gave false testimony allegedly about his interaction. But the underlying charge that started this investigation never materialized. So you have to put it in that perspective…It’s a bad story but it’s a different story than the way it started.”

Sen. Kay Baily Hutchinson (R-Texas), who, during the Clinton impeachment said,”Something needs to be said that is a clear message that our rule of law is intact and the standards for perjury and obstruction of justice are not gray,” has changed her tune. On “Meet the Press” last Sunday she said:

“I certainly hope that, if there is going to be an indictment that says something happened, that it is an indictment on a crime and not some perjury technicality where they couldn’t indict on the crime and so they go to something just to show that their two years of investigation was not a waste of time and taxpayer dollars.”

Yesterday, on the same show, Kate O’Bierne, the right’s Mother Superior on all things, said, with a straight face, that she thought the jury was simply wrong — that Libby had forgotten, the remembered, then forgotten, then remembered that he learned the covert identity of the CIA agent from Vice Pres. Dick Cheney, not NBC’s Tim Russert.

The rightwing press is in lockstep calling on Pres. Bush to pardon Libby because, despite his having been tried in a court of law by a jury of his peers, they say justice was not done.

If more proof were needed that Republicans simply do not believe the rules apply to them, we certainly have it now.



Update: Behold! The conservative mind in its full fantastical flower. Here’s a logic-torturing screed written last September by Mark Levin, a girly-voiced troglodyte who made a name for himself as a frequent and fervent pro-impeachment talking head during the Clinton wars, in which he attempts to excuse conservatives’ hypocrisy on Libby’s perjury versus Clinton’s:


Unlike Libby, Clinton was not indicted despite overwhelming evidence of his actionable lies and obstructions. Indeed, Clinton’s offenses went so far as lying under oath during a deposition overseen by a federal judge, who later held him in contempt of court. Clinton never challenged the judge’s holding. During the course of that sworn deposition, he also knowingly lied to his attorney and knowingly allowed his lawyer to submit an affidavit at the deposition he knew to be false and, in fact, helped to concoct.

Clinton’s lies had nothing to do with issues of recollection or confusion, but were both overt and conspiratorial — including suborning perjury. Clinton led the cover-up and Clinton sought to fix the sexual harrassment lawsuit filed against him.

Unlike Libby, Clinton was the subject of the investigation. Libby was a bit player. Clinton had every reason to lie and cover-up his conduct as both the Paula Jones and Monica Lewinsky matters would be politically devastating and expose him to civil liability. Libby had no reason to conceal anything about his discussions with reporters as those discussions were not criminal and, as we now know for certain, he was not part of some White House cabal to destroy Valerie Plame, as critics have long (and falsely) asserted.

So, I don’t buy the contention that if you argued that Clinton should have been indicted that there is some logical and moral equivalency between the cases. I don’t see it. Indeed, in the end, in a deal with the Independent Counsel, Clinton admitted that he “testified falsely” before the grand jury, he paid $25,000 to the federal court that held him in contempt for his lies in the civil case, he settled the Jones sexual-harassment suit for $850,000, and was disbarred for five years from practicing law in Arkansas and lost his bar membership before the U.S. Supreme Court.

As for impeachment, it is well understood that impeachment is a political process which should be and has been triggered in rare circumstances. The House concluded, among other things, that Clinton’s testimony before the grand jury was, in fact, false. (It rejected a count relating to Clinton’s perjury at the Jones deposition, for which he was eventually held in contempt, thanks to Lindsey Graham’s insistence that it was the weakest allegation when, in truth, it was the strongest.) Indeed, Clinton’s grand jury testimony in several respects was so absurd as to be embarrassing. Clinton’s considerable hands-on efforts to obstruct the investigation and use his office to protect himself as the subject of the investigation resulted in his impeachment. He abused his office even to the point of inventing phony privileges to withhold information from investigators. Of course, Libby didn’t serve in a constitutional office. Even if he had, Libby’s recollections about what he said to which reporters is on a completely different scale than Clinton spear-heading affirmative and significant acts of obstruction.

In any event, I don’t see how the arguments for Clinton’s impeachment are arguments for Libby’s indictment. I don’t see how those who argued against the indictment of Clinton can now argue for Libby’s indictment. And I do see why those who argue against Libby’s indictment would have argued for indicting Clinton.




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