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Mon 19 Jun, 2006 05:08 pm
Pardon talk for Libby begins
BY TOM BRUNE
Newsday Washington Bureau
June 17, 2006, 10:48 PM EDT
WASHINGTON -- Now that top White House aide Karl Rove is off the hook in the CIA leak probe, President George W. Bush must weigh whether to pardon former vice presidential aide I. Lewis "Scooter" Libby, the only one indicted in the three-year investigation.
Speculation about a pardon began in late October, soon after Special Counsel Patrick Fitzgerald unsealed the perjury indictment of Libby, and it continued last week after Fitzgerald chose not to charge Rove.
"I think ultimately, of course, there are going to be pardons," said Joseph diGenova, a former prosecutor and an old Washington hand who shares that view with many pundits.
"These are the kinds of cases in which historically presidents have given pardons," said the veteran Republican attorney.
The White House remains mum on the president's intentions. Spokeswoman Dana Perino declined to comment Friday.
Bush has powerful incentives to pardon Libby, however. They range from rewarding past loyalty to ending the awkward revelations emerging from pretrial motions, a flow that could worsen in his trial next year.
Libby was indicted for lying in Fitzgerald's probe into who in the administration leaked the identity of covert CIA officer Valerie Plame to reporters in 2003, apparently to undercut her husband's attack on Bush's war-justifying claim that Iraq sought uranium in Niger.
By demanding sensitive, sometimes embarrassing materials, some say, Libby appears to be goading the White House into issuing a pardon. Libby's spokeswoman did not respond to questions about a pardon.
One attorney familiar with the Plame case said Bush might find that it is in his interest to pardon Libby sooner rather than later.
A pardon before the trial could could cut off the disclosures and spare Vice President Dick Cheney from testifying as Fitzgerald's witness about Libby, his former chief of staff.
But the timing of a pardon, the attorney suggested, likely would depend on the outcome of the midterm elections.
If Republicans retain control of Congress, Bush could act swiftly. But if Democrats win control of the House or Senate, Bush might wait, and use Libby's trial as an excuse not to cooperate with any congressional investigations into the leak.
The counterargument to a pardon this year or next, however, is that it would be a political bombshell and distract from Bush's agenda.
DiGenova predicted that Bush, like other presidents, would issue controversial pardons on his last day in office.
As president, Bush has constitutional power to issue a pardon at any time -- even before a crime is charged. And presidents of both parties have pardoned political friends.
In 1974, for example, President Gerald Ford pardoned ex-President Richard Nixon for any crimes he might have committed. In 2001, President Bill Clinton pardoned convicted political friends as he left office.
A few weeks before leaving office in January 1993, President George H.W. Bush granted Christmas Eve pardons to six Reagan-Bush officials charged in the Iran-Contra scandal, including two whose trials were about to start.
To justify the controversial pardons, the elder Bush blamed "the criminalization of policy differences." That "troubling development," he said, was created by an independent counsel probe of how the executive branch evaded a congressional ban on funding Nicaraguan Contras by selling arms to Iran and sending proceeds to Contras.
DiGenova said that similarly, Fitzgerald's prosecution of Libby "is the epitome of the criminalization of the political process." Fitzgerald, he said, has found no evidence of the underlying offense -- the knowing revelation of a covert agent's protected identity.
In filings, Fitzgerald argues Libby's lies obstructed him.
But a pardon for Libby at any time also carries political risk.
Ford lost the 1976 election, for example, and the elder Bush and Clinton were tainted in the controversies over their pardons.
Democrats have already indicated they will go on the attack. Last fall, their congressional leaders wrote Bush urging him to pledge not to pardon Libby. Sen. Charles Schumer (D-N.Y.) said Bush did not respond.
"I think it would be very wrong to pardon Scooter Libby, and I doubt the president would do it," Schumer said Friday. "It would cause him real damage."
hehe good old Chuck Schumer.
Bush had better not pardon Libby, he might not get reelected.
Clinton's pardons in January 2001 follow. He had pardoned over 100 people previously, at least 3 for lying under oath. Too bad that impeachment thing didn't work out, or we could have found out if pardoning your own self is possible.
I find Clinton's pardon of Joe Yasek especially important:
ALLEN, Verla Jean Everton, Arkansas False statements to agency of United States
ALTIERE, Nicholas M. Las Vegas, Nevada Importation of cocaine
ALTSCHUL, Bernice Ruth Sherman Village, California Conspiracy to commit money laundering
ANDERSON, Joe, Jr. Grove Hill, Alabama Income tax evasion
ANDERSON, William Sterling Spartanburg, South Carolina Conspiracy to defraud a federally insured financial institution, false statements to a federally insured financial institution, wire fraud
AZIZKHANI, Mansour T. Huntsville, Alabama Conspiracy and making false statements in bank loan applications
BABIN, Cleveland Victor, Jr. Oklahoma City, Oklahoma Conspiracy to commit offense against the United States by utilizing the U.S. mail in furtherance of a scheme to defraud
BAGLEY, Chris Harmon Harrah, Oklahoma Conspiracy to possess with intent to distribute cocaine
BANE, Scott Lynn Mahomet, Illinois Unlawful distribution of marijuana
BARBER, Thomas Cleveland Hampton, Florida Issuing worthless checks
BARGON, Peggy Ann Monticello, Illinois Violation of the Lacey Act, violation of the Bald Eagle Protection Act
BHATKA, Tansukhlal Income tax evasion
BLAMPIED, David Roscoe Ketchum, Idaho Conspiracy to distribute cocaine
BORDERS, William Arthur, Jr. Washington, D.C. Conspiracy to corruptly solicit and accept money in return for influencing the official acts of a federal district court judge (Alcee L. Hastings), and to defraud the United States in connection with the performance of lawful government functions; corruptly influencing, obstructing, impeding and endeavoring to influence, obstruct and impede the due administration of justice, and aiding and abetting therein; traveling interstate with intent to commit bribery
BOREL, Arthur David Little Rock, Arkansas Odometer rollback
BOREL, Douglas Charles Conway, Arkansas Odometer rollback
BRABHAM, George Thomas Austin, Texas Making a false statement or report to a federally insured bank
BRASWELL, Almon Glenn Doravilla, Georgia Conspiracy to defraud government with respect to claims; perjury
BROWDER, Leonard Aiken, South Carolina Illegal dispensing of controlled substance and Medicaid fraud
BROWN, David Steven New York, New York Securities fraud and mail fraud
BURLESON, Delores Caroylene, aka Delores Cox Burleson Hanna, Oklahoma Possession of marijuana
BUSTAMANTE, John H. Cleveland, Ohio Wire fraud
CAMPBELL, Mary Louise Ruleville, Mississippi Aiding and abetting the unauthorized use and transfer of food stamps
CANDELARIA, Eloida False information in registering to vote
CAPILI, Dennis Sobrevinas Glendale, California Filing false statements in alien registration
CHAMBERS, Donna Denise Memphis, Tennessee Conspiracy to possess with intent to distribute and to distribute cocaine, possession with intent to distribute cocaine, use of a telephone to facilitate cocaine conspiracy
CHAPMAN, Douglas Eugene Scott, Arkansas Bank fraud
CHAPMAN, Ronald Keith Scott, Arkansas Bank fraud
CHAVEZ, Francisco Larios Santa Ana, California Aiding and abetting illegal entry of aliens
CISNEROS, Henry G.
CLINTON, Roger
COHN, Stuart Harris New Haven, Connecticut 1. Illegal sale of gold options
2. Illegal sale of silver options
COOPER, David Marc Wapakoneta, Ohio Conspiracy to defraud the government
COX, Ernest Harley, Jr. Pine Bluff, Arkansas Conspiracy to defraud a federally insured savings and loan, misapplication of bank funds, false statements
CROSS, John F., Jr. Little Rock, Arkansas Embezzlement by a bank employee
CUNNINGHAM, Rickey Lee Amarillo, Texas Possession with intent to distribute marijuana
DE LABIO, Richard Anthony Baltimore, Maryland Mail fraud, aiding and abetting
DEUTCH, John Described in January 19, 2001 information
DOUGLAS, Richard False statements
DOWNE, Edward Reynolds Conspiracy to commit wire fraud and tax evasion; securities fraud
DUDLEY, Marvin Dean Omaha, Nebraska False statements
DUNCAN, Larry Lee Branson, Missouri Altering an automobile odometer
FAIN, Robert Clinton Aiding and assisting in the preparation of a false corporate tax return
FERNANDEZ, Marcos Arcenio Miami, Florida Conspiracy to possess with intent to distribute marijuana
FERROUILLET, Alvarez
Interstate transport of stolen property, money laundering, false statements
FUGAZY, William Denis Harrison, New York Perjury in a bankruptcy proceeding
GEORGE, Lloyd Reid Mail fraud
GOLDSTEIN, Louis Las Vegas, Nevada Possession of goods stolen from interstate shipment
GORDON, Rubye Lee Tampa, Florida Forgery of U.S. Treasury checks
GREEN, Pincus Switzerland
HAMNER, Robert Ivey Searcy, Arkansas Conspiracy to distribute marijuana, possession of marijuana with intent to distribute
HANDLEY, Samuel Price Hodgenville, Kentucky Conspiracy to steal government property
HANDLEY, Woodie Randolph Hodgenville, Kentucky Conspiracy to steal government property
HARMON, Jay Houston Jonesboro, Arkansas 1. Conspiracy to import marijuana, conspiracy to possess marijuana with intent to distribute, importation of marijuana, possession of marijuana with intent to distribute
2. Conspiracy to import cocaine
HEMMINGSON, John Interstate transport of stolen property, money laundering
HERDLINGER, David S. St. Simons Island, Georgia Mail fraud
HUCKLEBERRY, Debi Rae Ogden, Utah Distribution of methamphetamine
JAMES, Donald Ray Fairfield Bay, Arkansas Mail fraud, wire fraud, and false statement to a bank to influence credit approval
JOBE, Stanley Pruet El Paso, Texas Conspiracy to commit bank fraud, and bank fraud
JOHNSON, Ruben H. Austin, Texas Theft and misapplication of bank funds by a bank officer or director
JONES, Linda Conspiracy to commit bank fraud and other offenses against the United States
LAKE, James Howard Illegal corporate campaign contributions, wire fraud
LEWIS, June Louise Lowellville, Ohio Embezzlement by a bank employee
LEWIS, Salim Bonnor Short Hills, New Jersey Securities fraud, record keeping violations, margin violations
LODWICK, John Leighton Excelsior Springs, Missouri Income tax evasion
LOPEZ, Hildebrando San Isidro, Texas Distribution of cocaine
LUACES, Jose Julio Ft. Lauderdale, Florida Possession of an unregistered firearm
MANESS, James Timothy Conspiracy to distribute a controlled substance
MANNING, James Lowell Little Rock, Arkansas Aiding and assisting in the preparation of a false corporate tax return
MARTIN, John Robert Gulf Breeze, Florida Income tax evasion
MARTINEZ, Frank Ayala Elgin, Texas Conspiracy to supply false documents to the Immigration and Naturalization Service
MARTINEZ, Silvia Leticia Beltran Elgin, Texas Conspiracy to supply false documents to the Immigration and Naturalization Service
McCORMICK, John Francis Dedham, Massachusetts Racketeering conspiracy, racketeering, and violation of the Hobbs act
McDOUGAL, Susan H.
MECHANIC, Howard Lawrence 1. Violating the Civil Disobedience Act of 1968
2. Failure to appear
3. Making false statement in acquiring a passport
MITCHELL, Brook K., Sr. Conspiracy to illegally obtain USDA subsidy payments, false statements to USDA, and false entries on USDA forms
MORGAN, Charles Wilfred, III Little Rock, Arkansas Conspiracy to distribute cocaine
MORISON, Samuel Loring Crofton, Maryland Willful transmission of defense information, unauthorized possession and retention of defense information, theft of government property
NAZZARO, Richard Anthony Winchester, Massachusetts Perjury and conspiracy to commit mail fraud
NOSENKO, Charlene Ann Phoenix, Arizona Conspiracy to defraud the United States, and influencing or injuring an officer or juror generally
OBERMEIER, Vernon Raymond Belleville, Illinois Conspiracy to distribute cocaine, distribution of cocaine, and using a communications facility to facilitate distribution of cocaine
OGALDE, Miguelina Glendale, California Conspiracy to import cocaine
OWEN, David C. Olathe, Kansas Filing a false tax return
PALMER, Robert W. Little Rock, Arkansas Conspiracy to make false statements
PERHOSKY, Kelli Anne Bridgeville, Pennsylvania Conspiracy to commit mail fraud
PEZZOPANE, Richard H. Palo Heights, Illinois Conspiracy to commit racketeering, and mail fraud
PHILLIPS, Orville Rex Waco, Texas Unlawful structure of a financial transaction
POLING, Vinson Stewart, Jr. Baldwin, Maryland Making a false bank entry, and aiding and abetting
PROUSE, Norman Lyle Conyers, Georgia Operating or directing the operation of a common carrier while under the influence of alcohol
PRUITT, Willie H. H., Jr. Port Richey, Florida Absent without official leave
PURSLEY, Danny Martin, Sr. Goodlettsville, Tennessee Aiding and abetting the conduct of an illegal gambling business, and obstruction of state laws to facilitate illegal gambling
RAVENEL, Charles D. Charleston, South Carolina Conspiracy to defraud the United States
RAY, William Clyde Altus, Oklahoma Fraud using a telephone
REGALADO, Alfredo Luna Pharr, Texas Failure to report the transportation of currency in excess of $10,000 into the United States
RICAFORT, Ildefonso Reynes Houston, Texas Submission of false claims to Veterans Administration
RICH, Marc Switzerland
RIDDLE, Howard Winfield Mt. Crested Butte, Colorado Violation of the Lacey Act (receipt of illegally imported animal skins)
RILEY, Richard Wilson, Jr. Possession of cocaine with intent to distribute
ROBBINS, Samuel Lee Cedar Park, Texas Misprision of a felony
RODRIGUEZ, Joel Gonzales Houston, Texas Theft of mail by a postal employee
ROGERS, Michael James McAllen, Texas Conspiracy to possess with intent to distribute marijuana
ROSS, Anna Louise Lubbock, Texas Distribution of cocaine
RUST, Gerald Glen Avery, Texas False declarations before grand jury
RUST, Jerri Ann Avery, Texas False declarations before grand jury
RUTHERFORD, Bettye June Albuquerque, New Mexico Possession of marijuana with intent to distribute
SANDS, Gregory Lee Sioux Falls, South Dakota Conspiracy to distribute cocaine
SCHWIMMER, Adolph Conspiracy to commit an offense against the United States, conspiracy to export arms and ammunition to a foreign country and related charges
SERETTI, Albert A., Jr. McKees Rocks, Pennyslvania Conspiracy and wire fraud
SHAW, Patricia Campbell Hearst Wilton, Connecticut Armed bank robbery and using a firearm during a felony
SMITH, Dennis Joseph Redby, Minnesota 1. Unauthorized absence
2. Failure to obey off-limits instructions
3. Unauthorized absence
SMITH, Gerald Owen Florence, Mississippi Armed bank robbery
SMITH, Stephen A.
SPEAKE, Jimmie Lee Breckenridge, Texas Conspiracy to possess and utter counterfeit $20 Federal Reserve notes
STEWART, Charles Bernard Sparta, Georgia Illegally destroying U.S. Mail
STEWART-ROLLINS, Marlena Francisca Euclid, Ohio Conspiracy to distribute cocaine
SYMINGTON, John Fife, III
TANNEHILL, Richard Lee Reno, Nevada Conspiracy and restraint of trade
TENAGLIA, Nicholas C. Lafayette Hill, Pennsylvania Receipt of illegal payments under the Medicare program
THOMAS, Gary Allen Lancaster, Texas Theft of mail by postal employee
TODD, Larry Weldon Gardendale, Texas Conspiracy to commit an offense against the U.S. in violation of the Lacey Act and the Airborne Hunting Act
TREVINO, Olga C. Converse, Texas Misapplication by a bank employee
VAMVOUKLIS, Ignatious Exeter, New Hampshire Possession of cocaine
VAN DE WEERD, Patricia A. Tomahawk, Wisconsin Theft by a U.S. Postal employee
WADE, Christopher V.
WARMATH, Bill Wayne Walls, Mississippi Obstruction of correspondence
WATSON, Jack Kenneth Oakridge, Oregon Making false statements of material facts to the U.S. Forest Service
WEBB, Donna Lynn Panama City, Florida False entry in savings and loan record by employee
WELLS, Donald William Phenix City, Alabama Possession of an unregistered firearm
WENDT, Robert H. Kirkwood, Missouri Conspiracy to effectuate the escape of a federal prisoner
WILLIAMS, Jack L. Making false statements to federal agents
WILLIAMS, Kevin Arthur Omaha, Nebraska Conspiracy to distribute and possess with intent to distribute crack cocaine
WILLIAMS, Robert Michael Davison, Michigan Conspiracy to transport in foreign commerce securities obtained by fraud
WILSON, Jimmie Lee Helena, Arkansas Converting property mortgaged or pledged to a farm credit agency, and converting public money to personal use
WINGATE, Thelma Louise Sale City, Georgia Mail fraud
WOOD, Mitchell Couey Sherwood, Arkansas Conspiracy to possess and to distribute cocaine
WOOD, Warren Stannard Las Vegas, Nevada Conspiracy to defraud the United States by filing a false document with the Securities and Exchange Commission
WORTHEY, Dewey Conway, Arkansas Medicaid fraud
YALE, Rick Allen Belleville, Illinois Bank fraud
YASAK, Joseph A. Chicago, Illinois Knowingly making under oath a false declaration regarding a material fact before a grand jury
YINGLING, William Stanley Interstate transportation of stolen vehicle
YOUNG, Phillip David Little Rock, Arkansas Interstate transportation and sale of fish and wildlife
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