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Sunsnail
Global Moderator



Registered: Sep 2004
Location:

He wasn't pardoned, but he did escape his jail-time.

Old Post Jul-03-2007 03:03 
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pkcRAISTLIN
arbiter's chief minion



Registered: Jul 2002
Location:

mate, i dont care about the legal pedantries we are dealing with. the guy got sentenced to prison and the administration has let him off. pardon or not, he aint getting the sentence he was given by the court. that's all i care about. letting lackey's go free is completely unethical imo, especially given the nature of the case, and (again) im surprised at your one-eyed position on it. you'd think ol george hadn't made a single mistake from reading your posts.


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Old Post Jul-03-2007 03:05  Australia
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Q5echo
asymetrical scepticism



Registered: Feb 2004
Location: Dallas

quote:
Originally posted by MisterOpus1
Because he simply had the power to do so


yes.

even if Libby was pardoned, in the spirit of the law, yes.

Old Post Jul-03-2007 03:11  United States
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Q5echo
asymetrical scepticism



Registered: Feb 2004
Location: Dallas

quote:
Originally posted by pkcRAISTLIN
mate, i dont care about the legal pedantries we are dealing with.


then don't be shocked at my suprise regarding your one-eyed position on it.

if you admit that you are not fully aware of the details of this case and in addition to that, fully accept the Executive's powers of pardon then you'll have to excuse me for not taking some of your criticisms of Libby too seriously.

Old Post Jul-03-2007 03:20  United States
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pkcRAISTLIN
arbiter's chief minion



Registered: Jul 2002
Location:

quote:
Originally posted by Q5echo
then don't be shocked at my suprise regarding your one-eyed position on it.

if you admit that you are not fully aware of the details of this case and in addition to that, fully accept the Executive's powers of pardon then you'll have to excuse me for not taking some of your criticisms of Libby too seriously.


i dont have one-eyed positions on anything, except trance and gaming. the details of the case are: he was found guilty and sentenced to time in prison. bush has let him roam free. im debating whether he SHOULD have done that, not whether he COULD.


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Old Post Jul-03-2007 03:27  Australia
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MisterOpus1
Grumpy Old Fart



Registered: Dec 2001
Location: Kansas City

quote:
Originally posted by Q5echo
you want to talk about irrelavent?

SAYS WHO? who ultimately has the right to say who is "rightfully punished"? i'll give you a hint.


Who? The idiot in the Oval Office? He has no "ultimate" right on who is "rightfully" punished. Having the power to communate or pardon does not give the president any ultimate right. It merely gives him the power to overturn convicted felons. I seem to remember quite a few rants by your Republican bretheren about Clinton's pardons. Again, is your righteous anger of such power only when a Democrat is President?


quote:
i don't care about the Donks. no one does but you here.


You really don't know just how far out on an island you truly are, do you?

Then again, that certain level of dementia is truly the crux of our modern day neoconservatives running the Republican Party and country.


quote:
you do not understand. any culpable obstruction would have resulted in further investigation in regards to the violation of the Espionage act, which happened, for years. after which no one was found in violation of any law prior to Libby's trial. not because Libby had prevented that from happening, but because no law was maliciously broken in the first place.


Again, how does one come to that conclusion given Fitzgerald's statement?:

quote:
(Libby's lies) ""made impossible an accurate evaluation of the role that Mr. Libby and those with whom he worked played in the disclosure of information regarding Ms. Wilson's CIA employment and about the motivations for their actions."

http://www.tranceaddict.com/forums/...640&forumid=66&


You cannot twist the wording of that or the rationale of his conviction any other way, sorry.



quote:
thats just it. he didn't know there were hard-driven copies because he was caught stealing and destroying multiple hard copies of the same thing thinking that was the end of the copies. don't defend that bastard.


I'm not up to defending his actions, but I'll play your game and submit that there was no evidence you can obtain of his motive of trying to steal the real documents versus the copies that any trial has come up with, so he stands up to the mere fact that the only thing he stole were copies of docs. And again, that pales in comparison to lying to the FBI and Grand Jury and being convicted on 3 counts. You understand why he was given an "obstruction" of justice charge, right? It's kinda implied in the phrase itself.


quote:
i don't know. i just find it telling and odd, some of the misplaced rage around here.


I think I supported my outrage with Bush by demonstrating his hypocrisy by wanting mandatory minimum sentence laws and being stated not more than a month ago that he would not interfere. PLUS he also circumvented normal DOJ gu idelines on Commutations:

quote:
Section 1-2.113 Standards for Considering Commutation Petitions

A commutation of sentence reduces the period of incarceration; it does not imply forgiveness of the underlying offense, but simply remits a portion of the punishment. It has no effect upon the underlying conviction and does not necessarily reflect upon the fairness of the sentence originally imposed. Requests for commutation generally are not accepted unless and until a person has begun serving that sentence. Nor are commutation requests generally accepted from persons who are presently challenging their convictions or sentences through appeal or other court proceeding.
http://www.usdoj.gov/pardon/petitions.htm


Damn, it's clear he doesn't respect the Legislative. Apparently he doesn't seem to give much of a shit about his own branch either.

quote:
i suppose after their job is done after the jurors reach a verdict. duh.


The jurors didn't have a say on the verdict for this, did they? If I recall, that was up to the judge, wasn't it? If I'm wrong, then I'm wrong.

quote:
i was just letting people know how one of the Jurors felt about Waltons sentence.

it's called perspective. life should not be viewed completely from your fever swamp.


Okay, how about letting us know how the rest of the jurors felt then?


quote:
no, but some of the more mentally challenged here that are not familiar with the American Justice System may need a refresher.


I wouldn't say they're mentally challenged – it's just a lack of knowledge about another country. No biggie.



quote:
what you are claiming with what Perino said and has said since is out of context as usual.


Hmmm, let's take a gander:

quote:
Q Does the President think at some point it would be appropriate just to speak out about this? The guy has been sentenced. I mean, is he going to run out the clock and wait for all the appeals to be done before the President of the United States speaks about a pretty important matter that was perpetrated by a member of his staff?
MS. PERINO: What I can tell you is how the President reacted today, which is to say that he does feel terrible for them, he thinks they're going through a lot right now, they've been through a lot. But given the fact that the judge has set up a process for appeal and given the way that the President has handled this for the past year or so, he's not going to intervene.


So it depends on what your definition of "is" is?

quote:
thats for Federal level violent crime and narcotic jackass.


Oh, so the philosophy is somehow inconsistent then, and therefore only applies on the federal level and/or with narcotics? Seems rather consistent in context:

quote:
WASHINGTON -- The Bush administration is trying to roll back a Supreme Court decision by pushing legislation that would require prison time for nearly all criminals.

The Justice Department is offering the plan as an opening salvo in a larger debate about whether sentences for crack cocaine are unfairly harsh and racially discriminatory.

Republicans are seizing the administration's crackdown, packaged in legislation to combat violent crime, as a campaign issue for 2008.
In a speech June 1 to announce the bill, Attorney General Alberto Gonzales urged Congress to reimpose mandatory minimum prison sentences against federal convicts -- and not let judges consider such penalties "merely a suggestion."

Such an overhaul, in part, "will strengthen our hand in fighting criminals who threaten the safety and security of all Americans," Gonzales said in the speech, delivered three days before the FBI announced a slight national uptick in violent crime during 2006.
Judges, however, were livid over the proposal to limit their power. "This would require one-size-fits-all justice," said US District Judge Paul G. Cassell, chairman of the Criminal Law committee of the Judicial Conference, the judicial branch's policy-making body.


But IOIYAR, right?

I've recognized this pattern of argument from you for some time now. The petty name calling is almost ineviteable, usually right around the time you make your usual exit. Rather than stoop down to your silly level, I'll allow a mod to make the judgement on your continual violation of Rule #2. I'd hope that despite our differences we finally started moving past those old habits. Guess I was wrong.

Finally, I couldn't agree more with this NYTimes op-ed:

quote:
Soft on Crime
Published: July 3, 2007
When he was running for president, George W. Bush loved to contrast his law-abiding morality with that of President Clinton, who was charged with perjury and acquitted. For Mr. Bush, the candidate, “politics, after a time of tarnished ideals, can be higher and better.”

Not so for Mr. Bush, the president. Judging from his decision yesterday to commute the 30-month sentence of I. Lewis Libby Jr. — who was charged with perjury and convicted — untarnished ideals are less of a priority than protecting the secrets of his inner circle and mollifying the tiny slice of right-wing Americans left in his political base.

Mr. Libby was convicted of lying to federal agents investigating the leak of the name of a covert C.I.A. operative, Valerie Wilson. Mrs. Wilson’s husband, Joseph Wilson, was asked to investigate a central claim in Mr. Bush’s drive to war with Iraq — whether Iraq tried to purchase uranium from Africa. Mr. Wilson concluded that Iraq had not done that and had the temerity to share those conclusions with the American public.

It seems clear from the record that Vice President Dick Cheney organized a campaign to discredit Mr. Wilson. And Mr. Libby, who was Mr. Cheney’s chief of staff, was willing to lie to protect his boss.
That made Mr. Libby the darling of the right, which demanded that Mr. Bush pardon him. Those same Republicans have been rebelling against Mr. Bush, most recently on immigration reform, while Democrats in Congress have pursued an investigation into whether Mr. Bush and Mr. Cheney lied about Iraq’s weapons programs.

All of this put immense pressure on the president to do something before Mr. Libby went to jail. But none of it was justification for the baldly political act of commuting his sentence.

Mr. Bush’s assertion that he respected the verdict but considered the sentence excessive only underscored the way this president is tough on crime when it’s committed by common folk. As governor of Texas, he was infamous for joking about the impending execution of Karla Faye Tucker, a killer who became a born-again Christian on death row. As president, he has repeatedly put himself and those on his team, especially Mr. Cheney, above the law.

Within minutes of the Libby announcement, the same Republican commentators who fulminated when Paris Hilton got a few days knocked off her time in a county lockup were parroting Mr. Bush’s contention that a fine, probation and reputation damage were “harsh punishment” enough for Mr. Libby.

Presidents have the power to grant clemency and pardons. But in this case, Mr. Bush did not sound like a leader making tough decisions about justice. He sounded like a man worried about what a former loyalist might say when actually staring into a prison cell.
http://www.nytimes.com/2007/07/03/o...dpc&oref=slogin


___________________
Whence September dusk grows crisper still,
with leaves all crimson conquered,
I yearn to shout,
and dance about,
and stick pickles in my honker...

Old Post Jul-03-2007 03:29  United States
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Q5echo
asymetrical scepticism



Registered: Feb 2004
Location: Dallas

quote:
Originally posted by pkcRAISTLIN
the details of the case are: he was found guilty and sentenced to time in prison. bush has let him roam free.


wrong. the details involving the call to pardon (or commute in this case) involve ALL aspects of not just the case in question, not just the law in question, but the defendant in question as well.

quote:
im debating whether he SHOULD have done that, not whether he COULD.


i understand that. that is why it confounds me as to why you would claim to be so fair in your judgement when what little you consider was not even at issue with Libby's verdict, much less the sentence.

Old Post Jul-03-2007 03:52  United States
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MisterOpus1
Grumpy Old Fart



Registered: Dec 2001
Location: Kansas City

quote:
Originally posted by Q5echo
wrong. the details involving the call to pardon (or commute in this case) involve ALL aspects of not just the case in question, not just the law in question, but the defendant in question as well.


That changes nothing in regards to Libby being convicted on 3 felony counts of obstruction and purjury. You simply cannot escape it. What's also inescapable is Bush's record of commuting, or sincere lackthereof:

quote:
I find Bush's action very troubling because of the obvious special treatment Libby received. President Bush has set a remarkable record in the last 6+ years for essentially never exercising his powers to commute sentences or pardon those in jail. His handful of pardons have been almost all symbolic gestures involving cases decades old, sometimes for people who are long dead. Come to think of it, I don't know if Bush has ever actually used his powers to get one single person out of jail even one day early. If there are such cases, they are certainly few and far between. So Libby's treatment was very special indeed.

http://volokh.com/archives/archive_...html#1183422066


That's Orrin Kerr, a REPUBLICAN law professor at GW University.

What we haven't seen from you or Bush so far is a true logical rationale for why Libby was a "very special" case of treatment, so much so that Bush circumvented a decision by a jury of Libby's peers, a prosecution by an appointee from his Administration, and a sentencing from a judge from his own Republican party. We already knew that Fitz' time of sentencing was appropriate, and even if you felt it wasn't in lines with the recommendations of the probation office saying 15-22 months, Bush felt the need to hop skip right over that recommended time as well. He also skipped right over the DOJ guidelines, and went back on his word reported by Perino not to get involved, let alone pushing for mandatory sentences for "real" crooks (i.e. everyone else in the world who doesn't work for him, I guess).



quote:
i understand that. that is why it confounds me as to why you would claim to be so fair in your judgement when what little you consider was not even at issue with Libby's verdict, much less the sentence.


Well considering that Bush has essentially blocked (i.e. obstructed) the ability for Congress to have a true hearing on the matter and thus allow Libby to plea the 5th and avoid the risk of being cited for contempt throughout his entire appeal process (which will likely take us right out of Bush's presidency), that's a bit difficult to see how we could know anything else outside of Libby's deliberate obstruction of justice now. Kinda neat how that works for Cheney, doesn't it?


___________________
Whence September dusk grows crisper still,
with leaves all crimson conquered,
I yearn to shout,
and dance about,
and stick pickles in my honker...

Old Post Jul-03-2007 05:20  United States
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Q5echo
asymetrical scepticism



Registered: Feb 2004
Location: Dallas

quote:
Originally posted by MisterOpus1
Who? The idiot in the Oval Office? He has no "ultimate" right on who is "rightfully" punished. It merely gives him the power to overturn convicted felons.


he does. the Executive's power of pardon can go way beyond just "overturning convicted felons"

the President can pardon anyone at anytime whether convicted or even standing trial awaiting conviction or aqquital, whether they want to be pardoned or not for U.S. crime.

i think William Jefferson Clinton will be better equipped at explaining what those powers are and where they are derived from:

quote:
First, I want to make some general comments about pardons and commutations of sentences. Article II of the Constitution gives the president broad and unreviewable power to grant "Reprieves and Pardons" for all offenses against the United States. The Supreme Court has ruled that the pardon power is granted "[t]o the [president] . . ., and it is granted without limit" (United States v. Klein). Justice Oliver Wendell Holmes declared that "[a] pardon . . . is . . . the determination of the ultimate authority that the public welfare will be better served by [the pardon] . . ." (Biddle v. Perovich). A president may conclude a pardon or commutation is warranted for several reasons: the desire to restore full citizenship rights, including voting, to people who have served their sentences and lived within the law since; a belief that a sentence was excessive or unjust; personal circumstances that warrant compassion; or other unique circumstances.




quote:
I seem to remember quite a few rants by your Republican bretheren about Clinton's pardons


Clinton pardoned convicted terrorist! with sentences ranging from 35 to 105 years! i mean wtf do you expect?


quote:
Again, is your righteous anger of such power only when a Democrat is President?


i don't know, is it?

my righteous anger is directed at people like you, not Presidents.


quote:
You really don't know just how far out on an island you truly are, do you?

Then again, that certain level of dementia is truly the crux of our modern day neoconservatives running the Republican Party and country.


whatever. it's a big island. this is not about politics.


quote:
Again, how does one come to that conclusion given Fitzgerald's statement?:

You cannot twist the wording of that or the rationale of his conviction any other way, sorry.


just because Fitzgerald said it in his sentencing brief does not make it so. he didn't prove anyone was covert and he didn't even attempt to. there was nothing malicious he found in the investigation.

if anything Fitzgerald statement about Libby's obstruction was static in nature which led to him further investigating the subject in which he found nothing.


quote:
I'm not up to defending his actions, but I'll play your game and submit that there was no evidence you can obtain of his motive of trying to steal the real documents versus the copies that any trial has come up with


there was no trial. he pleaded to avoid a trial. in fact he gave up his BAR credentials this year to avoid cross-examination in another trial regarding his theft of classified documents in a Senate investigation into his role in the events leading up to 9/11.

quote:
that pales in comparison to lying to the FBI and Grand Jury and being convicted on 3 counts.


does it?

what are sentencing guidlines for that say if he had plead not guilty? i'm sure you'd be all over those numbers in a heartbeat wouldn't ya?


quote:
I think I supported my outrage with Bush by demonstrating his hypocrisy by wanting mandatory minimum sentence laws and being stated not more than a month ago that he would not interfere. PLUS he also circumvented normal DOJ gu idelines on Commutations:


he didn't circumvent anything. his powers are greater than Section 1-2.113 Standards for Considering Commutation Petitions.

now if someone else wants to ask for a commuted sentence that is another story entirely and Section 1-2.113 Standards for Considering Commutation Petitions will generally apply.

this is nothing new. Presidents have done this sort of thing several hundreds of times before.


quote:
The jurors didn't have a say on the verdict for this, did they? If I recall, that was up to the judge, wasn't it? If I'm wrong, then I'm wrong.


the jurors determine the verdict or in which case they can't, the Judge can determine a mistrial.

the Judge in this case determines the sentence.

i don't know what you are getting at.


quote:
Oh, so the philosophy is somehow inconsistent then, and therefore only applies on the federal level and/or with narcotics? Seems rather consistent in context:


i don't care what whoever wrote that article thinks! the President's reccomendations for Federal mandatory minimum guidelines applies to VIOLENT CRIMINALS AND NARCOTICS!!!!!!!!!!!!!

MAKE A F**KING DISTINCTION THAT DOESN"T EVEN BEGIN TO SUPPORT YOUR ARGUMENT FFS!!!!!!!!!

Last edited by Q5echo on Jul-03-2007 at 11:13

Old Post Jul-03-2007 06:04  United States
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Q5echo
asymetrical scepticism



Registered: Feb 2004
Location: Dallas

quote:
Originally posted by MisterOpus1
That changes nothing in regards to Libby being convicted on 3 felony counts of obstruction and purjury. You simply cannot escape it. What's also inescapable is Bush's record of commuting, or sincere lackthereof:


this is between me and him.

Old Post Jul-03-2007 06:05  United States
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Q5echo
asymetrical scepticism



Registered: Feb 2004
Location: Dallas

quote:
Originally posted by MisterOpus1
Well considering that Bush has essentially blocked (i.e. obstructed) the ability for Congress to have a true hearing on the matter and thus allow Libby to plea the 5th and avoid the risk of being cited for contempt throughout his entire appeal process (which will likely take us right out of Bush's presidency), that's a bit difficult to see how we could know anything else outside of Libby's deliberate obstruction of justice now. Kinda neat how that works for Cheney, doesn't it?


shut up.

Old Post Jul-03-2007 06:11  United States
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occrider
Traveladdict



Registered: Oct 2000
Location: New York

quote:
Originally posted by Q5echo
this is between me and him.
.
.
.

shut up.


You been drinking tonight? It shows.


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Retro ...

Old Post Jul-03-2007 06:16  United States
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