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On Libby, Cheney failed to get his way
Published February 19, 2009 at 12:05 a.m.
Contrary to myth, former President George W. Bush knew how to say no to his powerful vice president, Dick Cheney. And the president did it most recently on a cause dear to the vice president's heart - a full pardon for his former top aide, I. Lewis "Scooter" Libby.
Libby was convicted of four counts of perjury, obstruction of justice and lying to investigators in connection with the federal probe into who leaked the name of CIA operative Valerie Plame.
Bush commuted Libby's 30-month prison sentence just before he was to begin serving it, but he let the convictions stand, which means that as a felon Libby cannot practice law or vote. It was widely assumed that Bush might pardon him just before leaving the White House, but he didn't.
Cheney fiercely lobbied the president, repeatedly bringing up the matter. Finally, according to Tom DeFrank of the New York Daily News, "After repeatedly telling Cheney his mind was made up, Bush became so exasperated with Cheney's persistence he told aides he didn't want to discuss the matter any further." Associates say the vice president was left outraged and disappointed, and after leaving office he offered what for him was rare and harsh criticism of Bush, telling The Weekly Standard that Libby was "a victim of a serious miscarriage of justice, and I strongly believe that he deserved a presidential pardon. Obviously, I disagree with President Bush's decision."
But granting the pardon would have been hypocritical of Bush. Going back to his years as Texas governor, he had always been stingy with his powers of clemency. In his eight years as president, Bush issued only 189 pardons, less than half the 396 granted by President Bill Clinton and the 393 by President Ronald Reagan in their two terms each.
And Bush was surely cognizant that a last- minute pardon for Libby would invite comparisons with Clinton's notorious midnight pardons at the end of his presidency. Bush did on the last full days in office commute the sentences of two Border Patrol agents convicted of shooting a Mexican drug smuggler, but those actions were for the most part greeted with joy, not outrage.
If Libby is to be pardoned, it will have to be by President Barack Obama.
It's worth a try, although Cheney might be the wrong person to ask him.
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