ARC's 1st Law: As a "progressive" online discussion grows longer, the probability of a nefarious reference to Karl Rove approaches one

Thursday, June 14, 2007

Libby to Jail. Sort of...

Tom Maguire over at Just One Minute has a synopsis of the bond hearing today. Personally I think this was a forgone conclusion today. From the transcript of the trial and the transcript and from the sentencing hearing its obvious that Judge Reggie Walton wants Libby in jail.

At every turn, Judge Walton has sought to save the prosecutions case. One aspect of today's hearing is highlighted by Tom.

MORE FOR THE LAUGHTRACK: Walton's explanation of his Mitchell ruling is comedy gold (punchline emphasized):

Walton: Problem was asking the jury to draw inference upon inference upon inference that would have, in my view, been rank speculation absent evidence. She would have testified her statement on Imus was off the wall and she would disavow it, and then she would have been impeached. Then your client wanted to say jury shold conclude maybe she’s not being truthful, maybe she did know about Plame. If she did, it’s conceivable she would have told Russert. Therefore Russert could have heard as your client supposed. If that’s the chain of inferences then we may as well throw out rules of evidence. That cannot be the law. If the government had tried to make this kind of case it clearly would be reversible.

Hint to judges everywhere - the American system of jurisprudence is not predicated on the notion that defendants and prosecutors get absolutely equal treatment. This is a trial that might send a man to prison, not a basketball game; defendants routinely get treatment that would not be allowed a prosecutor, starting with "innocent until proven guilty", running past "the right to confront witnesses", and including the right to imply the prosecution witnesses are hiding something even if the incurious prosecutor has not bestirred himself to examine that possibility.

All emphasis mine.

Meanwhile David Schuster of MSNBC is breathlessly announcing every time they give him some camera time, that this is the absolute worse news for Cheney and Bush, and that perhaps Libby will spill his guts to avoid going to jail.

The rest of the media is wondering when or if the pardon will be forthcoming from Bush. But that's oversimplifying things. As Tom points out in his post, Libby still has avenues to appeal the bond motion, which do not require a high standard to meet for someone that is not a flight risk or a risk to harm others. And as pointed out at National Review the President has more arrows in his quiver than a pardon.

Much to the chagrin of the moonbats at DU and elsewhere, Libby will very likely never have to set foot inside a jail cell.

On a personal note, I want this case to go to the appellate court. Without review, the methods utilized by this prosecutor will be used in future issues involving oversight of the executive. Without clear guidelines, we'll be left to the press as sole supervision of a prosecutors actions.

Your Co-Conspirator,
ARC: Brian