scooter skates

josh marshall: there is a conceivable argument — a very poor one but a conceivable one — for pardoning scooter libby, presumably on the argument that the entire prosecution was political and thus illegitimate. but what conceivable argument does the president have for micromanaging the sentence? to decide that the conviction is appropriate, that probation is appropriate, that a substantial fine is appropriate — just no prison sentence. this is being treated in the press as splitting the difference, an elegant compromise. but it is the least justifiable approach. the president has decided that the sentencing guidelines and the opinion of judge don't cut it. the only basis for this decision is that libby is the vice president's friend, the vice president rules the president and this was the minimum necessary to keep the man silent.

no bail? no-brainer!

(art © mike luckovich)

tpmmuckraker: it sounds like it wasn't even close. the decision by the court was unanimous, the ap reports, while reuters says "the appeals court rejected libby's request in a one-paragraph order, ruling he has not shown that his appeal 'raises a substantial question.'"

do not pass "go"

(art © mike luckovich)

AP: a federal judge said thursday he will not delay a 2½-year prison sentence for i. lewis "scooter" libby in the cia leak case, a ruling that could send the former white house aide to prison within weeks. ... no date was set for libby to report to prison but it's expected to be within six to eight weeks. that will be left up to the u.s. bureau of prisons, which will also select a facility. "unless the court of appeals overturns my ruling, he will have to report," walton said.

time bomb

perhaps it's just because i'm descended from a crude and simple folk, but am i the only one to get the impression that cheney's smirk conveys embarrassment and that the "cloud" hanging above him could be methane?

no wonder bush loves having him around. after all, who would be the "butt" of all dubya's — and time's — fart jokes?

he loves to cuss, gets a jolly when a mountain biker wipes out trying to keep up with him, and now we're learning that the first frat boy loves flatulence jokes. a top insider let that slip when explaining why president bush is paranoid around women, always worried about his behavior. but he's still a funny, earthy guy who, for example, can't get enough of fart jokes. he's also known to cut a few for laughs, especially when greeting new young aides, but forget about getting people to gas about that.

they make quite a pair, dick and dubya. stinking up the white house — in every sense of the term.

where's rove?

good question:

collins: ... i will say that there was a tremendous amount of sympathy for mr. libby on the jury. it was said a number of times: "what are we doing with this guy here? where's rove? where's ... y'know, where're these other guys?" we're not saying we didn't think mr. libby was guilty of the things we found him guilty of, but that it seemed like he was, to put it the way [defense counsel] mr. wells put it, he was the fall guy. he was — now, he made bad judgments, and he — q: was he the fall guy for vice president cheney? was that the belief of the jury? collins: the belief of the jury was this, that he was, he was tasked by the vice president to go and talk to reporters. we never made any, y'know, came to any conclusions or — we never even discussed whether cheney would have told him what exactly to say.

while all the noise surrounding rove's increasingly desperate five appearances before fitzgerald's grand jury certainly gave the impression that bush's brain was the star of the show, in the end it appears that turdblossom was just a rodeo clown.

the plot against wilson, the world now knows, clearly originated on cheney's desk, and he made its execution his deputy's responsibility. however, libby was not first and foremost a smear merchant — but he certainly knew someone down the hall who was, someone who might be willing to lend a hand on a juicy project, and best of all, someone who employed his dubious talents with gusto:

l.a. times: prosecutors investigating whether white house officials illegally leaked the identity of wilson's wife, a cia officer who had worked undercover, have been told that bush's top political strategist, karl rove, and i. lewis libby, chief of staff for vice president dick cheney, were especially intent on undercutting wilson's credibility, according to a person familiar with the inquiry. while lower-level white house staff members typically handle most contacts with the media, rove and libby began personally communicating with reporters about wilson, prosecutors were told. a source directly familiar with information provided to prosecutors said rove's interest was so strong that it prompted questions in the white house. when asked at one point why he was pursuing the diplomat so aggressively, rove responded: "he's a democrat." rove then cited wilson's campaign donations, which leaned toward democrats, the person familiar with the case said.

so for rove the pursuit of wilson was just another fishing expedition for his favorite prey rather than a mission to protect a colleague. his investment simply wasn't as high as libby's, and when things turned sour, rove was the first to start cashing in his markers, which pleased the conspirator-in-chief none too well:

abc news: the note from cheney, which the defense discussed during the opening day of the trial, was submitted into evidence and reads in full: [stamp: the vice president has seen] [ people have made too much of the reference in how i described karl and libby ] i've talked to libby. i said it was rediculous [sic] about karl and it is rediculous [sic] about libby libby was not the source of the novak story. and he did not leak classified information. [sidenote: tenet wilson memo] has to happen today call out to key press saying same thing about scooter as karl not going to protect one staffer and sacrifice the guy this pres. asked to stick his head in the meat grinder because of the incompetence of others. cheney's note was to direct the white house press secretary to offer the same assurances about libby that mcclellan had made earlier about rove: libby was not the source of the novak column.

fitzgerald apparently picked up on the dynamic between libby and his fair-weather friend, determined that rove was mainly along for the ride, and sweated him publicly and repeatedly, like some two-bit cop show snitch, knowing that rove wasn't about to play the fall guy for cheney. after all, cheney already had one.

and fallen on his master's sword libby has, though his sacrifice appears to have been offered in vain, since by their clumsy intrigues, everything they sought to hide has been revealed, and the persecutors have now become the prosecuted:

king: we have an e-mail question from hugo in arcadia, florida: "now that "scooter" libby has been found guilty in this criminal trial, will you and/or your wife bring suit against him and/or the vice president in civil court?" wilson: we have filed a civil suit and we've named in the civil suit the vice president, mr. libby, mr. rove and mr. armitage, and john does, i think, one through nine now, in anticipation of learning more information through this trial.

chairman henry a. waxman announced a hearing on whether white house officials followed appropriate procedures for safeguarding the identity of cia agent valerie plame wilson. at the hearing, the committee will receive testimony from ms. wilson and other experts regarding the disclosure and internal white house security procedures for protecting her identity from disclosure and responding to the leak after it occurred. the hearing is scheduled for friday, march 16. in addition, the committee today sent a letter to special prosecutor patrick fitzgerald commending him for his investigation and requesting a meeting to discuss testimony by mr. fitzgerald before the committee. the oversight committee will webcast the hearing live at www.oversight.house.gov.

the verdict

(with apologies to garry trudeau)

dead man's hand

the arguments have all been made. all the cards are on the table.

in special prosecutor patrick fitzgerald's hand:

robert grenier, cia iraq mission manager, who testified that he told libby about ex-ambassador joe wilson's wife's employment at the cia.

cathy martin, cheney's public affairs officer, who testified that she relayed to libby from cia director of public affairs bill harlow his confirmation of grenier's information about wilson's wife.

marc grossman, former number three at the state department, who testified that he also told libby about wilson's wife.

craig schmall, cia briefer, whom libby and cheney together asked, after the novak article, about the repercussions of leaking the name of a cia officer. he replied that there was a "very grave danger."

david addington, cheney counsel, now chief of staff, whom libby asked about the president's authority to declassify material.

judith miller, former new york times reporter, who testified to three conversations with libby during which wilson and his wife were mentioned.

ari fleisher, former white house press secretary, who testified that libby told him about wilson's wife, that it was "hush-hush and on the q.t."

tim russert, nbc washington bureau chief and host of meet the press, from whom libby had told the fbi and the grand jury he first learned about wilson's wife. russert flatly denied ever speaking with libby about wilson's wife, destroying his principal alibi.

libby was depending on russert and miller and the other reporters who received the leak to win their court battles to keep the leakers secret.

but one by one the libby's cards were burned. from the beginning he'd been threatening to see fitzgerald's bet, by calling rove, by calling cheney, by taking the stand himself. but in the end it was all a tantalizing bluff. he folded without a word in his own defense.

all that's left now in libby's hand are his lawyers' assertions that libby doesn't remember anything — because it wasn't important enough. and nobody else remembers what really happened either. and the one thing libby does remember is russert telling him about wilson's wife.

after handing down libby's indictment fitzgerald explained:

when someone charges obstruction of justice, the umpire gets sand thrown in his eyes. he's trying to figure what happened and somebody blocked their view.

in his summation he reiterated his predicament:

there is a cloud over the vice president. he wrote those columns, he had those meetings, he sent libby off to the meeting with judy, where plame was discussed. that cloud remains because the defendant obstructed justice. that cloud was there. that cloud is something that we just can't pretend isn't there.

in other words: dick cheney, you're next.

time to ante up.

jim morin © 2007

still on the hook

in light of karl rove's apparent public relations victory this month, for the sake of all the depressives on the "karl rove indictment watch", it's very important to clarify one important truth. in fact it is the only truth we know for certain. everything else is simply speculation, spin and rumor.

karl rove is not off the hook. if karl rove were off the hook, the man dangling rove at the end of his line, special prosecutor patrick fitzgerald, would have said so himself. to this day he has not.

despite all the noise of the past month, only one rove-related development concerning the plame cia leak investigation actually occurred in that time: the june 13 announcement, by karl rove's attorney robert luskin, that fitzgerald "formally notified" him that "absent any unexpected developments, he does not anticipate seeking any criminal charges against rove".

that's it.

luskin did not announce "my client will not be charged" or "my client is in the clear" or "my client is no longer being investigated". he announced that his client does not anticipate any criminal charges. big difference. especially when you're a lawyer.

regarding that announcement, there was no public statement from the prosecutor's office. no confirmation. no denial. nada. zero. zilch.

so luskin's statement to this day dangles without corroboration from the only person who could definitively confirm it.

as rove's attorney, luskin is of course in business to present his client in the best light possible. if fitzgerald had let rove "off the hook", luskin would have unequivocably said so. and probably with greater fanfare, if that were possible. but in fact, to this date, luskin has not offered any documentary evidence or any transcript of any communication from fitzgerald that his client is "off the hook".

so all this talk of karl rove being "off the hook" and "in the clear" is still wholly premature, until fitzgerald himself says so. the rest is just spin.

as i had earlier posted in "still waiting", what we're all waiting for is an announcement from patrick fitzgerald himself. his is the only statement worth anything. and as i had posted in "the waiting game", it was an uncorroborated statement by rove's attorney, that "they expect that a decision will come sometime in the next two weeks", that originally set the waiting game in motion.

so what, if anything, may have happened to precipitate this latest spin from the rove team? clearly fitzgerald wants something from rove. fitzgerald already has libby. it appears fitzgerald has rove, otherwise, he'd have nothing to pressure him with, and more importantly, he'd simply let rove off the hook. so, in a pattern already established with his prosecutions in chicago, fitzgerald's looking up the food chain for much bigger fish.

that of course would be rove's boss, george bush, and/or libby's boss, dick cheney.

i think fitzgerald got what he wanted from rove. especially after turdblossom's five trips to the grand jury.

but fitzgerald will not cut him loose until rove's testimony pans out, which might not be determined until the end of the libby trial sometime in 2007.

so rove's still on that hook.

and he'll wriggle there, like the worm that he is, until fitzgerald himself says so.

it doesn't get any better than this

or in other words, it can only get worse.

and it will.

josh marshall: bright side for the white house: it can only get worse. [emphasis his] ... when you think about this coming election, and the stakes for the white house, you need to figure that that's all come about without any independent, let alone antagonistic or hostile, investigations into the key issues that have led to this souring view of the president. would the president look better after a new look at the iraq intel bamboozlement that wasn't controlled by sen. roberts? how about an investigation into the executive branch side of the abramoff scandal? what about a look into the plame affair? what about the folks in rumsfeld's office who knew about duke's corruption but looked the other way? [emphases mine]

the predicament faced by the white house is really quite amazing from a purely clinical aspect, though, like a cancer diagnosis, what it reveals at the same time is thoroughly horrifying.

this administration, chiefly characterized by its pathological stubbornness, has lashed itself to the wheel. bush is resolved to "stay the course", not only in iraq, but in all his policies and programs, none of which actually work for the majority of the electorate, if anyone besides halliburton and exxon. his predicament is that any attempt to change gears, in any meaningful sense, one that is not purely cosmetic and one that will benefit the country, also brings with it the greater risk of exposure of his malfeasance and maladministration, which leads to probes and trials, and we can't have any of that now, can we?

so things won't get any better than this. the country's problems will inevitably grow worse. and the worse those problems become, the worse dear leader looks. but so long as bush has his way, he will not change course. so he's screwed. and he's criminally lashed us to the wheel right with him, on his good ship titanic.

washington post: a variety of bush advisers suggested that the president is not interested in altering his major decisions or philosophy, but that he recognizes he needs to do a better job communicating in washington and beyond. "the president's message and vision are firmly in place and are not going to change," mckinnon said. "but it still helps to have a new messenger. it helps to wipe the slate clean."

the logic is inescapable: things will continue to get worse before they can possibly get better. as long as this administration remains in place, things will never get better.

endgame

the bush presidency, to borrow a phrase from its dour deputy, is in its last throes.

32 years ago it was a "second-rate burglary" that brought down the highest office in the land. today it appears, at first glance, far less — mere snippets of "almost gossip", delivered, we are told, in an "offhand, casual manner" — that now threaten again to collapse an office already on its knees beneath a debilitating barrage of ceaseless scandal.

bush's folly can be traced from his team's opening moves, when the texas governor, taking advantage of the climate lingering after clinton's impeachment, made a campaign mantra out of a sacred and solemn promise to usher in an age of honor:

august 11, 2000: i will swear to uphold the laws of the land. but i will also swear to uphold the honor and the integrity of the office to which i have been elected, so help me god. august 13, 2000: americans want to be assured that the next administration will bring honor and dignity to the white house. september 15, 2000: americans are tired of investigations and scandal, and the best way to get rid of them is to elect a new president who will bring a new administration, who will restore honor and dignity to the white house. october 17, 2000: should i be fortunate enough to become your president, when i put my hand on the bible, i will swear to not only uphold the laws of the land, but i will also swear to uphold the honor and the dignity of the office to which i have been elected, so help me god. november 3, 2000: i want to conclude by telling you i understand the awesome responsibilities of this job. i understand the serious undertaking. i understand that when i put my hand on the bible, i will swear to not only uphold the laws of this land, but to answer the calls of the mothers and dads who i see all the time around america, who come to my rallies and hold a picture of their child and look me in the eye and say, "governor, i'm here to say, never let us down again," to hear those calls. i will also swear to uphold the honor and the integrity of the office to which i have been elected, so help me god.

it was a promise he would not forget to reiterate as he swore in his staff:

january 22, 2001: we must remember the high standards that come with high office. this begins with careful adherence to the rules. i expect every member of this administration to stay well within the boundaries that define legal and ethical conduct. this means avoiding even the appearance of problems. this means checking and, if need be, double-checking that the rules have been obeyed. this means never compromising those rules. no one in the white house should be afraid to confront the people they work for, for ethical concerns, and no one should hesitate to confront me as well. we are all accountable to one another. and above all, we are all accountable to the law and to the american people.

but my, what a difference 1900 days make!

even without such stultifying failures as the iraq occupation, the stillborn response to hurricane katrina and the dubious dubai port deal, the grinding investigation into the july 2003 outing of cia agent valerie plame seemed destined to erode the one asset that pundits continue to insist the president still commands:

blitzer: here's what you write in the book. you write: "candidates have to look closely at george w. bush and realize that they cannot win by running away from the leader of their party. rather, they have to identify the single greatest strength the president embodies and put it front and center in their campaigns." "that greatest strength," you write, "is, in fact, trustworthiness." now, we looked at our most recent cnn/"usa today"/gallup poll. in february 2004, two years ago, 55 percent thought bush was honest and trustworthy. that has gone down now, in february 2006, to 47 percent, not even a majority. hewitt: yes. but that's still much better than most of his other numbers on performance. it's his strongest calling card. — the situation room, cnn, march 31, 2006

just as nixon had at the beginning of watergate, bush, speaking through press secretary scott mcclellan, denied all involvement and knowledge in the scandal. he even declared the leak a firing offense ...

september 29, 2003: the president has set high standards, the highest of standards for people in his administration. he's made it very clear to people in his administration that he expects them to adhere to the highest standards of conduct. if anyone in this administration was involved in it, they would no longer be in this administration.

... and speaking on his own, hinted suspiciously, that despite his sincerest efforts, the leaker might never be found:

september 30, 2003: there’s just too many leaks, and if there is a leak out of my administration, i want to know who it is. october 7, 2003: i want to know the truth. … i have no idea whether we’ll find out who the leaker is, partially because, in all due respect to your profession, you do a very good job of protecting the leakers. october 28, 2003: i’d like to know if somebody in my white house did leak sensitive information.

the press, however, failed the president, despite his sincerest hints. unwilling to suffer jail for contempt, time magazine reporter matthew cooper revealed that both karl rove and scooter libby were his sources on the plame story, forcing bush the next day to refine his position:

july 18, 2005: it's best people wait until the investigation is complete before you jump to conclusions. i don't know all the facts. i want to know all the facts. i would like this to end as quickly as possible. if someone committed a crime, they will no longer work in my administration.

but cooper's revelation had dealt bush's credibility a solid blow; an abc news poll found that only 25% believed that the white house was fully cooperating with fitzgerald's investigation and that 75% thought that rove should be fired if he leaked classified information.

by the time fitzgerald finally handed down his indictment of scooter libby on charges of obstruction and perjury, scott mcclellan informed the press that the white house had decided that the best defense was now no defense at all:

october 28, 2005 : because of the ongoing investigation and legal proceedings, at the direction of the white house counsel's office, all white house officials, including myself, are not going to be able to respond to questions or discuss the factual circumstances of the matter, except as requested by the special counsel, or in consultation with the white house counsel's office.

bush himself issued only his regrets at libby's resignation. a week later came the announcement of an eight-part refresher course on ethics for the staff, no doubt to the collective rolling of eyes from coast to coast.

but as embarrassing as the scandal grew, as tight as the noose became, the president himself remained unimplicated in the leak.

this, of course, would soon change.

explosively.

ironically, it would be libby himself (considered by many the "firewall" between the prosecutor and his employers) who secured the knot, as revealed in fitzgerald's bombshell april filing in response to libby's request for documents for his own defense:

april 6, 2006: mr. libby is said to have testified that "at first" he rebuffed mr. cheney's suggestion to release the information because the estimate was classified. however, according to the vice presidential aide, mr. cheney subsequently said he got permission for the release directly from mr. bush. "defendant testified that the vice president later advised him that the president had authorized defendant to disclose the relevant portions of the [national intelligence estimate]," the prosecution filing said.

after several days of silence, bush would admit, in a cheneyesque display of sophistry, that while he had indeed authorized the leak, not only was the intel no longer classified, but his authorization meant that the leak wasn't really a leak at all:

april 10, 2006: i decided to declassify the nie for a reason. i wanted people to see what some of those statements were based on, so i wanted people to see the truth.

such noble sentiment. nonetheless, bush's noose is threatening to become a gibbet, as the fitzgerald filing also bluntly revealed a basis for conspiracy charges all around:

april 7, 2006: [libby] wants the materials because he thinks they will show that his misstatements were innocent and did not stem from an orchestrated administration campaign to discredit wilson, according to his court filings. fitzgerald's brief uses unusually strong language to rebut this claim. in light of the grand jury testimony, the prosecutor said, "it is hard to conceive of what evidence there could be that would disprove the existence of white house efforts to 'punish' wilson."

it appears that the game the white house has been playing over the last five years is drawing to a desperate close. it was a game in which honor and dignity were nothing more than chips and tokens; morals and ethics just a strategem. it is an old gambit, to be sure, and if there remains anyone left at all surprised by the endgame, it is probably only bush and his once-swaggering team. but now the entire board itself is in near total ruin, with his pawns being stripped, one by one, while the king himself stands naked:

pew research center: until now, the most frequently offered word to describe the president was "honest," but this comes up far less often today than in the past. other positive traits such as "integrity" are also cited less, and virtually no respondent used superlatives such as "excellent" or "great", terms that came up fairly often in previous surveys. the single word most frequently associated with george w. bush today is "incompetent," and close behind are two other increasingly mentioned descriptors: "idiot" and "liar." all three are mentioned far more often today than a year ago. newsweek's johnathan alter: there are not a lot of people who expect him to move very much in the polls. and once you're tagged as an incompetent, that's pretty hard to recover from. gop pollster tony fabrizio : these numbers are scary. we’ve lost every advantage we’ve ever had.

checkmate.

karl rove: super-genius

(cross-posted at daily kos)

i've noticed commenters throughout the blogosphere claim that portgate is actually another brilliant behind-the-scenes rovian masterstroke designed to help the republicans distance themselves from the white house in time for the midterm elections and move cheney's embarrasing shooting cover-up off the front page.

curiously, during the media storm following the shooting i also noticed commenters claim that the cover-up was another brilliant behind-the-scenes rovian masterstroke designed to help the republicans distance themselves from the white house and move the wiretapping hearings off the front page ... and who also had previously claimed that those hearings were arranged to move the abramoff mess off the front page, which in turn was arranged to move the libby/delay indictments off the front page ... ad nauseum.

buried within this "karl rove: super-genius" meme lies a not-very-subtle scandal fatigue, a defeatism and resignation to the idea that rove in his god-like omniscience will always be just one step ahead of us dullards, that the latest counterfeit-scandal is really just a trap, artfully designed to make his gullible attackers look foolish, having taken their eyes off the ball, while ever-boosting the mojo of the republicans. what rot.

juan cole: "i think they get up in the morning and they face a set of situations in iraq and they try to develop policies to deal with those situations, and they get up the next day and there's a new set of situations and they develop policies to deal with those. i think it's reactive. i think it's ad hoc. i don't think there's a big picture. i think they're hoping that they can ultimately muddle through, that things will settle down enough so that they can get out of it with some dignity. i think it's probably a forlorn hope."

portgate and its handling was no more or better planned than was the shooting cover-up or its handling. once again they got caught with their pants down and their bloody red hands in the cookie jar full of cash for their cronies. since a number of our port affairs are already handled by foreigners, they obviously did not expect the public to suddenly notice or care, and are again not prepared to deal with the blowback from such attention — blowback they set themselves up for after five years of stoking their supporters' jingoism and xenophobia.

after having twice delivered the white house to the unlikely george bush, i can see why some would call him a genius. there's no doubt that he's a very sleazy smart operator when it comes to running election campaigns. so sleazy smart in fact that he got himself booted off george sr.'s campaign team.

but genius in one area does not translate to genius in another, and it is of course possible for otherwise apparently smart people to make horrifically bad decisions. nor are they immune to bad luck. while bushCo™ seems to have a talent for electioneering, they display none whatsoever for governing. it could even be argued that they have no real interest in governing, as opposed to ruling — with a big stick, a short leash and piles of treasure to shower on the court cronies and toadies.

just look at bushCo™'s poll numbers: <snark>you'd think a super-genius could keep the sheeple happy while ruthlessly fleecing them.</snark> clinton's numbers remained in the 60s throughout the worst of his pummeling. (presiding over a boom and a surplus obviously helps.) bushCo™ has been reeling from a different new crisis every week and has been badly hemorrhaging supporters since fallujah.

i find it impossible to believe that rove (or any other supposed intelligent being, for that matter) would think that any strategery that would worsen the administration's deathly poll numbers and inflame not just his congressional opponents, but also his apologists and the last of his die-hard public supporters could possibly be a good one. what kind of genuis tries to put out a fire in one room of his house by repeatedly setting new fires in another? a super-genius, no doubt.