Pardon for Scooter Libby?

This blog features a series of regularly updated, brief essays regarding the possible presidential pardon of "Scooter" Libby with an emphasis on history, law and empirical research. The creator is ProfessorP.S. Ruckman, Jr., author of the forthcoming book, Pardon Me, Mr. President: Adventures in Crime, Politics and Mercy .

Sunday, November 11, 2007

Armitage: Foolish, But Not Illegal

Former Deputy Secretary of State Richard Armitage is now going about saying that he was "foolish" to have revealed Valerie Plame's CIA identity (Example here). Scooter Libby, on the other hand, was convicted as a result of an investigation related to the leak. Armitage was never charged with anything and, despite his confession, never will be. But the highlight of Dick Armitage's new desire to confess and be seen is that he is also careful to note that he had no "ill intent" in leaking Plame's name to media. This is no small thing because such intent would have been the basis of any serious criminal prosecution led by Patrick Fitzgerald. Likewise, Armintage is careful to insist that he did not believe Plame was "covert" (see comment here). In sum, Armitage is not confessing his poor judgment so much as he is defending what counts for illegal behavior if your last name is "Libby."

Recall, no one was ever prosecuted for violating any law related to the leaking of Plame's identity - and with good reason. Armitage can confess away because he knows there is no basis upon which to convict him (or anyone else) of anything. Libby, on the other hand, will have to continue to suffer because ... well, I guess because he was not as critical of the War as Armitage.

I think I am a starting to agree with Barack Obama. The "era of Scooter Libby justice" should end. Armitage might have a different view of it though.