What is Libby's Defense/Exit Strategy? [3 questions]

[Noctolator]

Libby’s crime is alleged and for the sake of this thread I don’t care what he’s done wrong. I have 3 questions about the legal strategy he will employ and other aftermath issues.

That bastion of fine reporting, CNN, has words from Joseph Tate, Libby’s attorney:

Libby, who resigned immediately, was operating amid “the hectic rush of issues and events at a busy time for our government,” according to a statement released by his attorney, Joseph Tate.

“We are quite distressed the special counsel [Patrick Fitzgerald] has now sought to pursue alleged inconsistencies in Mr. Libby’s recollection and those of others and to charge such inconsistencies as false statements,” Tate continued.

“As lawyers, we recognize that a person’s recollection and memory of events will not always match those of other people, particularly when they are asked to testify months after the events occurred.”

So it seems Libby will claim he forgets stuff. Since he cannot distinguish between his boss the VP and Tim Russert, at least he’s not doing important official work anymore.

Consider now that it’s been nearly a sesquicentennial since a senior White House staffer has been indicted. The three questions:

1 – Do folks think this defense will hold up?

2 – Will Fitz make Libby flip on his colleagues? Will he cop a plea? Consider Libby’s age and the fact that he cannot expect a promising future or a long life after prison. Note also Fitz’ marvelous work with Hollinger this summer. David Radler, the flipper there, he’s only 8 years older than Scooter.

3 – Will President Bush pardon everyone this touches to stop the damage from spreading? It’s what Ford did so there may be a precedent for that…

[crowmanyclouds]

@Noctolator

1 – Do folks think this defense will hold up?

2 – Will Fitz make Libby flip on his colleagues? Will he cop a plea? Consider Libby’s age and the fact that he cannot expect a promising future or a long life after prison. Note also Fitz’ marvelous work with Hollinger this summer. David Radler, the flipper there, he’s only 8 years older than Scooter.

3 – Will President Bush pardon everyone this touches to stop the damage from spreading? It’s what Ford did so there may be a precedent for that…

1-- No

2–I hope so

3–Won’t that be fun (if he does)

[kniz]

@OP

**3 – Will President Bush pardon everyone this touches to stop the damage from spreading? It’s what Ford did so there may be a precedent for that…
**

This is a very poor comparison and no precedent applies. Watergate had spread to many people who were sent to jail and disgraced. Ford was not involved and wanted his administration to have a fresh start. If Nixon had pardoned someone like John Dean then your comparison would be on target.

Bush would be a damn fool to pardon Scooter and for the record I voted for McGovern.

[Noctolator]

@kniz

This is a very poor comparison and no precedent applies. Watergate had spread to many people who were sent to jail and disgraced. Ford was not involved and wanted his administration to have a fresh start. If Nixon had pardoned someone like John Dean then your comparison would be on target.

Bush would be a damn fool to pardon Scooter and for the record I voted for McGovern.

Pardon my flop. Replace it with Bush 1 pardoning Caspar Weinberger if you like. Does that hold up a bit better? Nixon was probably in even less of a position than G.W.B is to pardon anyone, and while Ford’s party line may have been to clear the way for a time of national healing following the scandal, you cannot rule out the possibility that people weren’t only let off the hook for that reason.

[kniz]

@Noctolator

Replace it with Bush 1 pardoning Caspar Weinberger if you like. Does that hold up a bit better?

Much better, except Bush I was pardoning the Secretary of Defense that served under Reagan, which is still not the same as Bush II pardoning someone serving in his administration.

[MMI]

@kniz

Much better, except Bush I was pardoning the Secretary of Defense that served under Reagan, which is still not the same as Bush II pardoning someone serving in his administration.

However, Bush Sr. was pardoning someone who conceivably could testify to his participation of or at least knowledge of the Iran-Contra activities. So the parallel of pardoning someone in preemptive self-defense is there. Sort of.