Friday, July 6, 2007

One of these things ...

... is not like the other.

The Bush administration is attempting to divert attention from it's egregious commutation of Scooter's sentence by screaming as loudly as it can "hey, Clinton did it too", a claim which, of course, has at least two problems with it:

1. Even if the Clinton administration had done the exact same thing, two wrongs don't make a right as the saying go. One is tempted to ask Tony Snow, or whatever administration mouthpiece is available, "Well, if Clinton had jumped off a roof would President Bush do the same?".

2. Clinton did not actually "do it too".

Now, it's indisputable Clinton issued a number of pardons, including a large set as he was leaving office. There really isn't anything unusual about this, as prior out-going Presidents have done the same thing. The vast majority of these pardons are largely symbolic, being issued for deceased individuals. For those not yet deceased, the vast majority have served their time and the primary practical effect of the pardon is to restore the individuals' voting rights.

I am not aware of any Clinton pardon which rewarded a Clinton administration official for stonewalling an investigation into the Clinton administration. Not to put it too bluntly, that's almost a textbook description of "corruption", and it's what the Bush administration just engaged in.

Among Clinton's pardons, perhaps the case which most closely parallels Scooter's (closest I could find anyway) was that of Susan McDougal, who was convicted of contempt of court for refusing to answer questions concerning Whitewater in front of Kenneth Starr's grand jury panel, and who Clinton pardoned on his last day in office. However, prior to being pardoned McDougal had served her entire 18-month sentence. The pardon did not save her a single day of incarceration.

Scooter, needless to say, won't spend a single day inside a jail cell. He is not out a penny of the $250,000 fine he just paid, that will come from the same donors who contributed over $5 million to his defense fund. He won't suffer for being unable to practice law, as he will easily command $25,000 or more per appearance on the speaking circuit for some time, and after can find a safe home in some right-wing think tank, waiting out time until President Bush can pardon him on Bush's last day in office.

No, Scooter won't suffer. Scooter knows that, the President knows that and, most importantly, every other member (and former member) of the current administration also knows that.

Why would any current or former member of the administration hesitate to perjure themselves or, at least, refuse to answer questions, even in the face of contempt charges, after it has just been clearly demonstrated that, ultimately, they will suffer no serious consequences for their actions? The clear implication is "good soldiers" will "be taken care of", and far better than our actual soldiers are once they return home.

In providing amnesty for Scooter, El Jefe said he did it because the sentence was "excessive". as has been well documented, there was nothing at all excessive about Scooter's sentence. Even some conservatives admit the only thing extraordinary about the case was not the degree of punishment but, rather, who was involved.

Only the course of events will let us know if the message Bush sent to future witnesses will turn out to be the most "extraordinary" part of the entire affair.

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