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Editor Barks at McCain: 'Rewrite Your Propaganda!'

Why does the Times even run campaign-staff-written propaganda pieces from the candidates in the first place?

Arrogance heaped on arrogance. New York Times op-ed editor David Shipley nixes John McCain's rebuttal opinion piece — Drudge broke this news and notes that the paper ran Barack Obama's op-ed piece, "My Plan for Iraq," less than a week ago.

OK, first of all, these aren't written by the candidates. They're written by the campaign staffs.

Second, why let the candidates spar this way instead of devoting your precious space to interpretation of their propaganda.

And giving dwindling news-hole space — don't kid yourself, editors, op-ed space is news-hole space — for propaganda purposes is ludicrous. Pravda used to do the same thing back in the Soviet daze, allowing various party officials to exhort the masses about various five-year tractor-factory plans. Community papers all over the U.S. (those that still survive) do this crap all the time, letting various county commissioners or mayors plug their own projects.

Op-eds can be useful. Greg Mitchell at E&P pointed out on July 6 that it was Valerie Plame hubby Joe Wilson's Times op-ed five years ago, "What I Didn't Find in Africa" that kicked off Plamegate.

But Joe Wilson wasn't a pol, let alone a presidential candidate.

In any case, Timesman Shipley was so gentle with McCain's staff, e-mailing them, as Drudge wrote: "I'm not going to be able to accept this piece as currently written."

What Shipley meant was: 'Rewrite this piece of shit because we at the Times set the rules on the Iraq debate.'

Goodnight Moon and Goodnight Bush

Not just for kids: a parody of the self-parody administration

Cheney-goodnight-moon395.jpg

Little, Brown (tip of the hat to Michelle Aielli)

Fight off your recession and read this requiem for a lightweight: Goodnight Bush, a parody to end all self-parody presidencies.

It's almost time to say "good night" to George W. Bush, and Erich Origen and Gan Golan pronounce the laugh rites over the administration.

Bush's favorite kiddie book in times of crisis may be The Pet Goat, but mine is now Origen and Golan's Goodnight Bush, which sends the regime up to the moon in the same way that Ralph Kramden was always threatening to do to wife Alice.

This is a very funny book, even if it may induce nightmares instead of sweet dreams. Cute illustrations abound: a refinery plume, piggy war profiteers, a spilt glass of water with Katrina victims floating in it.

The text is warm and fuzzy — not as fuzzy as Bush's brain but warmer than Cheney's heart:

"Goodnight toy world
And the flight costume

Goodnight ballot box
Goodnight FOX"

See Dick run. See Dick run away. See Dick run away finally.

And see the book's website here.

Durham Bull

Spare us the comparisons between John Durham — the newly named special prosecutor of Interrogate, the CIA tapes scandal — and Plamegate prosecutor Patrick Fitzgerald.

The Washington Post succumbs to this typical piece of journalist b.s., noting this morning:

Several courtroom adversaries compared Durham, a Roman Catholic reared in the Northeast, to Patrick J. Fitzgerald, the staid U.S. attorney in Chicago who served as special prosecutor in the investigation of the leaked identity of a CIA officer. "He's Fitzgerald with a sense of humor," said Hugh O'Keefe, a Connecticut criminal defense lawyer who has known Durham for 20 years.

That's the easiest trick in political journalism: Get a quote from someone who shares the small, local stage with Durham — and who doesn't know whether Durham can handle the big stage — and run with it, instead of doing some serious checking to see whether Durham has any frame of reference in dealing with national and international crimes, criminals, and cases. The Post does at least add that caveat:

But Durham has had little experience with national security issues and with cases involving executive authority that appear to be less than black-and-white. His probe may require calling lawyers and aides to Bush, Vice President Cheney, Secretary of State Condoleezza Rice and the CIA before a grand jury to testify about their knowledge of the tapes' destruction.

Durham made his bones by prosecuting GOP Connecticut governor John Rowland for sleazy business dealings. Rowland wound up exiting Hartford and entering prison for a short bid.

Fitzgerald, on the other hand, had vast experience in national and international cases before he tried to hound Scooter Libby. He prosecuted the plotters of the 1993 World Trade Center bombing.

The new attorney general, Mike Mukasey, knows the difference. He presided over that WTC case. But as Bill Kunstler pointed out at the time (read my earlier item here), Mukasey should have recused himself (because he's a fundamentalist Jew) from presiding over the case, which, after all, was against fundamentalist Muslims.

Unfortunately, Durham comes with the recommendation of Kevin O'Connor. Who he? Again from the Post:

Two former prosecutors and a Justice Department official said that Durham, 57, was recommended for his assignment by his former boss, Kevin J. O'Connor, who was the U.S. attorney in Connecticut until he became an assistant to Attorney General Alberto R. Gonzales shortly before Gonzales resigned last year. O'Connor is awaiting confirmation as an associate attorney general.

Durham is supposedly a guy who's tough on violent criminals. That really sets him apart from other prosecutors. Dealing with White House schmucks is another matter altogether. And this is a monumental chore that requires some nuanced pressuring of true heavyweight schnooks. As this morning's New York Times story says:

The announcement is the first indication that investigators have concluded on a preliminary basis that C.I.A. officers, possibly along with other government officials, may have committed criminal acts in their handling of the tapes, which recorded the interrogations in 2002 of two operatives with Al Qaeda and were destroyed in 2005.

C.I.A. officials have for years feared becoming entangled in a criminal investigation involving alleged improprieties in secret counterterrorism programs. Now, the investigation and a probable grand jury inquiry will scrutinize the actions of some of the highest-ranking current and former officials at the agency.

The tapes were never provided to the courts or to the Sept. 11 commission, which had requested all C.I.A. documents related to Qaeda prisoners. The question of whether to destroy the tapes was for nearly three years the subject of deliberations among lawyers at the highest levels of the Bush administration.

Don't expect much, and don't expect it soon.

Open Secret: Corruption in Iraq

Still secret: Corruption in the White House.

Over at Secrecy News, the indefatigable Steven Aftergood has posted a heretofore secret study of Iraqi government corruption.

Even though the Nation's David Corn already wrote about the study, I can't say it would be much of a surprise anyway: The investigating agency, the U.S. Embassy in Baghdad, knows a lot about corruption.

Anyway, the report notes:

The Prime Minister’s Office has demonstrated an open hostility to the concept of an independent agency to investigate or prosecute corruption cases.

Sounds like the White House. U.S. congressmen and various public-interest groups got nowhere when they tried to probe Dick Cheney's "energy task force" early in the Bush regime.

And the White House has continually tried to call a halt to the excellent investigative work by Stuart Bowen on corruption in Iraq.

It took a British NGO, Christian Aid, to break the news a few years ago that Jerry Bremer, the Barney Fife of Baghdad, couldn't explain why $9 billion in Iraqi oil revenue was missing.

Besides that oil-for-slush scandal, we're still waiting to see those millions of White House e-mails the regime is withholding that relate to various scandals. Then there are the missing-weapons scandal and the various KBR scandals — you get the picture.

In any case, this new report on corruption inside Iraq's puppet government is still worth reading. It turns out that we really have planted a seed of our own form of democracy over there.

Yeyuh, That's How We Roll!

As far as Bush's bitches are concerned, Scooter Libby's release from the threat of prison is da shizzit. I mean, now presidential dawg Miss Beazley can resume playing with her Scooter.

Miss-Beazley-Libby-tilt-cop.jpg

Harkavy

But keep in mind that Libby's trial revealed just how certain it is that Libby was simply Dick Cheney's bitch in the Plamegate scandal and that Cheney ran roughshod over everyone — Bush included — in his quest to get even with CIA agent Valerie Plame's husband, Joe Wilson, for blowing the whistle on the regime's lies about Iraq before the unjustified invasion. Yeah, and just as Miss Beazley is Bush's bitch, Bush is Cheney's.

Don't revisit the whole damned mess. Just take a look at "Trial reveals White House secrets," a concise wrapup of the Libby trial from last March by the BBC's Richard Allen Greene:

The courthouse drama revealed the inner workings of a White House under siege over one of the reasons given for going to war in Iraq.

The situation quickly spun further and further out of control for the White House, pitting the vice-president and his aide against other Bush officials in the scramble to deny responsibility for leaks and attacks on critics.

Greene neatly and quickly laid out the story and pointed out, in case you've forgotten amid the flurry of stories focusing on Libby's freedom, that

current and former White House officials testified that Mr Cheney had been intensely interested in Mr Wilson's attack — perhaps because Mr Wilson claimed the vice-president's office had prompted the question that sent him.

Libby himself testified that Cheney had been "upset" and "disturbed," Greene noted. Just think how much more Libby knows and much more willing he would have been willing to talk if he'd actually been thrown into prison for a while.

As it was, Libby revealed quite a lot during the trial — including something that many of us already knew: that Cheney, not Bush, is the most powerful person in the Bush regime. Greene noted:

Mr Cheney and Libby sought more information about Mr Wilson, insiders testified.

And Libby told a number of people about the link between Mr Wilson, his wife Ms Plame, and the CIA, recipients of the information said.

Ms Plame's identity was not the only leak coming out of the vice-president's office, Mr Libby testified to the grand jury investigating the Plame disclosure.

In order to defend himself against Mr Wilson's accusations, Mr Cheney persuaded the president to authorise the declassification of part of one of the government's most secret intelligence briefings, the National Intelligence Estimate.

But only Mr Cheney and Libby knew the president had done that, leaving other key aides shocked to hear the vice-presidential aide leaking it to reporters by phone.

And because so few people knew about the declassification, some administration officials were left arguing in meetings that it should be made public when other colleagues present at the meetings had already started revealing sections of it.

And this administration and its GOP flunkies in Congress are so upset about leaks? Please.

Now some of you will point out that it wasn't Libby but rather Richard Armitage who outed Plame as a CIA agent.

That makes the Libby case even more intriguing: If he didn't obstruct justice and lie to cover up the leaking of Plame's name, then what was he covering up?

The details of Cheney's pre-war machinations will eventually come out. Too bad Libby didn't get a chance to sit in a jail cell and start thinking about rolling over — not with Miss Beazley but on top of his boss Cheney.

Independence Day Comes Early for Libby

President George W. Bush, showing more mercy to a felonious liar who hadn't yet served a day in prison than to the scores of prisoners (some of them mentally ill or retarded) whom he ordered killed while the hangingest governor in U.S. history, commuted Scooter Libby's sentence Monday evening.

Too bad — for Libby, that is — because the panel of federal judges that had been selected to hear his appeal included David Sentelle, who notoriously let another high-placed liar, John Poindexter, off the hook for running the illegal Iran-Contra scheme. (Read David Greenberg's excellent and concise 2002 reprise of that sorry episode.)

FM3-19-40-libby136.jpgLibby, former chief of staff to the most powerful person in the U.S. government, might very well have won his appeal with Sentelle on the panel.

This way, however, Libby is spared prison time while his appeal would have been heard. My guess is that he will continue on his current roll and that down the road his conviction in the Plamegate scandal will wind up being somehow expunged.

In any case, here's how Libby would have looked in official military POW garb, straight out of an Army field manual, FM 3-19.40: MILITARY POLICE INTERNMENT/RESETTLEMENT OPERATIONS (the uniform, sans Libby's head, is here at John Pike's globalsecurity.org). If Libby had gone to jail or prison, he wouldn't have been issued this, but he deserved to for aiding our enemies — after all, Libby, acting on behalf of U.S. CEO Dick Cheney, recklessly outed CIA agent Valerie Plame.

Bush's handlers spent much more time figuring out how to let Libby off the hook than Bush and his lamest of lame ducks, AG Alberto Gonzales, spent on all of the death row inmates whose appeals for mercy or clemency were summarily rejected after only cursory reviews.

As I noted in December 2004, excellent journalists like Alan Berlow detailed Bush's sorry execution of his job as Texas governor:

Bush's typically careless and inattentive behavior, in this instance toward pleas of clemency, was enabled back in his goobernatorial years by his factotum Gonzales. During the 2000 presidential campaign, Alan Berlow pointed out in "The Hanging Governor," in Salon: "Even Bush's former counsel, Judge Alberto R. Gonzales, says that a typical execution would receive no more than 30 minutes of the governor's time."

Oh, but the Libby case had everyone at the White House worried. As Leonard Doyle of the Independent (U.K.) reports this evening from D.C.:

The decision ... caused widespread anger among Democrats and even dismayed some Republicans. But in keeping Libby out of jail the President may have saved himself from revelations by an embittered former aide. He was also bowing to political pressure from conservative bloggers, talk-radio hosts, and senior Republicans.

Libby, 56, a former chief of staff to Vice-President Dick Cheney, was convicted of lying to prosecutors investigating the leaking in 2003 of CIA official Valerie Plame's identity.

Mr Cheney supported a pardon but President Bush would not go that far, in part because Mr Libby refused to show any contrition. A pardon by Mr Bush would have been viewed as showing disrespect for the US justice system.

Whereas this way, the commutation of Libby's sentence did nothing more than show disrespect for the U.S. justice system.

Go to Prison, Judge Says

release the houndsSo Scooter Libby has to report to prison. Judge Reggie Walton gave him up to a couple of months to do so, and that's plenty of time for the Bush regime to figure out a way to pardon him.

My only problem with Walton's decision today is that he agreed with Special Prosecutor Patrick Fitzgerald that Libby "is not a danger to the community." He's more dangerous than a piece of yellowcake.

The unfortunate fact, as I noted a short time ago, is that Libby's not a flight risk.

Anyway, Walton also said, according to ABC News, that there is "not a likelihood it [his conviction] will be overturned."

Don't be too sure of that. The "Free Libby" crowd is just getting started.

Run, Libby, Run

release the houndsHurry, hurry! You don't have much time to check out Special Prosecutor Patrick Fitzgerald's response to Scooter Libby's plea to stay out of jail pending appeal.

Fitzgerald's brief isn't; it's 43 pages. But it does have a note of compassion. Well, just a footnote of compassion, anyway. At the bottom of the second page:

The government does not contend that defendant poses a risk of flight or danger to the community, or that defendant’s appeal is frivolous, or brought solely for purposes of delay.

Too bad. Wouldn't it be better if Libby did flee D.C.?

Libby and Wolfie: A Story of Reacharounds

release the houndsWe'll find out soon whether Scooter Libby will stay out of jail pending appeal, but it's too bad for him that Paul Wolfowitz can't return the huge favor that Libby did him not so many years ago. Yeah, Wolfie already wrote a letter in support of Scooter, but that was nothing.

The way the real story of Libby's big favor to Wolfie goes, according to Sameer Dossani at worldbankpresident.org, Libby tried to stop Wolfie's wife, Clare Selgin Wolfowitz, from pointing out Wolfie's rep as a womanizer. Here's Dossani:

In early 2001 the Bush Administration was preparing to nominate Wolfowitz to be Director of the CIA. Wolfowitz’s wife, Clare, wrote the President and detailed her husband’s extramarital affairs at SAIS and with Shaha Ali Riza, whom he had met while Dean at SAIS and Riza was at NED (before she joined the Bank as an employee in 1999). Clare pointed out that her husband had a sexual relationship with a non-American citizen and that he was seeking to keep these relationships "non-disclosed." Scooter Libby intercepted Clare’s letter which terminated the CIA appointment but the Administration then nominated him to be DOD Dep Sec. In retaliation, Wolfowitz unleashed his lawyers on his wife and forced her to sign a non-disclosure agreement or forego financial support.

One of the most prescient pieces about this — even the headline was on the mark: "Will a British divorcee cost 'Wolfie' his job?" — was done by Sharon Churcher and Annette Witheridge in the Mail on Sunday (U.K.), back in March 2005 when Wolfie was first shuttled from the Pentagon to the World Bank.

Ex-Clinton operative Sidney Blumenthal recounted the tale more recently by dipping back into history, but without the exact same Libby angle:

Wolfowitz thought that he ought to be director of the CIA. But as soon as he advanced himself, his estranged wife, Clare, wrote a private letter to President-elect Bush saying that he could not be trusted.

This embittered letter remained a closely guarded secret, although a former high official of the CIA told me about it. Chris Nelson also reported it on April 16 in his widely respected, nonpartisan foreign policy newsletter: "A certain Ms. Riza was even then Wolfowitz's true love. The problem for the CIA wasn't just that she was a foreign national, although that was and is today an issue for anyone interested in CIA employment. The problem was that Wolfowitz was married to someone else, and that someone was really angry about it, and she found a way to bring her complaint directly to the President. So when we, with our characteristic innocence, put Wolfowitz on our short-list for CIA, we were instantly told, by a very, very, very senior Republican foreign policy operative, 'I don't think so.' It was then gently explained why, purely on background, of course. Why Wolfowitz's personal issues weren't also a disqualification for DOD we've never heard." The Daily Mail of London also reported on his wife's letter at the time that Wolfowitz was appointed president of the World Bank in 2005. Asked about it by the newspaper, Clare Wolfowitz did not deny it, saying, "That's very interesting but not something I can tell you about."

President-elect Bush summoned George Tenet, the holdover CIA director. "I guess this is the end," Tenet told a colleague as he headed out the door, that colleague told me. When he returned, a surprised Tenet said, "He wants me to stay until he can find someone better."

Cheney and Cheney's chief of staff, I. Lewis "Scooter" Libby, who had been Wolfowitz's Wolfowitz before he became Cheney's Cheney — his student when Wolfowitz taught at Yale and his assistant when Wolfowitz served under Cheney at the Pentagon — intervened. Cheney guided Wolfowitz to a safe harbor as deputy to Rumsfeld. But Rumsfeld was unenthusiastic and hesitated. Wolfowitz told him to decide on the spot or he would go to the United Nations, so Rumsfeld took him.

In case you've forgotten about Wolfie's role in the Iraq debacle (which is key to understanding Libby's own role in covering up the plotting of the Iraq debacle), here's Juan Cole in a Salon piece he wrote last month:

Wolfowitz and his cronies were fixated on overthrowing the government of Iraq. Richard Clarke detailed in his memoirs, Against All Enemies, how he had enormous difficulty in calling a meeting of high Bush administration officials to discuss the threat of al-Qaida in spring of 2001. When Clarke finally had the opportunity to make his case to them, Wolfowitz "fidgeted" and "scowled" and attempted to shoot him down. "I just don't understand," complained Wolfowitz, "why we are beginning by talking about this one man bin Laden." Clarke says he explained that he was talking about al-Qaida "because it and it alone poses an immediate and serious threat to the U.S."

Clarke alleges that Wolfowitz responded, "You give bin Laden too much credit," and insisted that bin Laden's success with operations such as the 1993 World Trade Center bombing would have been impossible without a "state sponsor." He added, "Just because FBI and CIA have failed to find the linkages does not mean they don't exist."

The theory that Saddam was actually behind almost all the terrorist attacks on the United States from 1993 forward had been laid out by wild-eyed crank and supposed Middle East expert Laurie Mylroie in her Study of Revenge: Saddam Hussein's Unfinished War Against America, which was published by the American Enterprise Institute (neocon central) in 2000. Peter Bergen has pointed out that the author thanks Wolfowitz and his then wife, Clare Selgin Wolfowitz, saying that Mrs. Wolfowitz had "fundamentally shaped the book," while Wolfowitz himself "provided crucial support."

To further connect the dolts, please recall Mylroie's close link to disgraced Times reporter Judy Miller, which I wrote about it in October 2005: "Reporter Falls Off Scooter." Judge Reggie B. Walton will write the last sentence of this saga later today. Pardon me: Not the last sentence.

Libby and Pardons: A Rich History

Scooter Libby's fan club includes people with vast experience in presidential pardons. And why not? His work on behalf of fugitive financier Marc Rich was the basis of Rich's outrageous pardon in late 2000 by Bill Clinton.

release-hounds200.jpgFundraisers for both Clintons — Hillary and Bill — were also connected to Rich. The financier and his wife Denise poured in huge sums to both Clintons. Supposedly, Libby asked Hillary buddy Denise Rich to lobby Bill for the pardon.

So, consider Libby's current position: Convicted of obstruction of justice and lying while you're the top aide to the most powerful vice president in U.S. history? No problem.

Scooter was Rich's lawyer for 10 years, and you know what happened to Rich: Clinton pardoned him, and the aptly named Rich paid $100 million to get his charges dropped.

During hearings in early 2001 on the Rich pardon, Libby was already Dick Cheney's top aide, so Republicans and Libby's lawyer pals who also worked for Rich frantically argued that Libby hadn't had anything to do with the pardon. Don't believe it.

Considering that we've been at war all these years since then — longer than our involvement in World War II — you're forgiven if you've forgotten about Rich. Like Cheney, he's no ordinary goniff. He fled the U.S. in 1983 for Switzerland while being prosecuted for not only tax evasion but also for making illegal oil deals with Iran.

One of Libby's advocates in the letter-writing campaign publicly released by Judge Reggie B. Walton was New York lawyer Robert F. Fink, who helped secure Rich's pardon. In the pre-pardon days, Fink and Libby worked closely together on Rich's case, Fink wrote. But by the time earnest negotiations started for the pardon, Libby was working on the incoming Bush regime's transition team. Fink's letter, which calls Scooter "a model for the legal profession," notes:

While I worked on the Marc Rich pardon, Scooter did not.

Technically, Fink is probably right — at least by lawyer standards. But Henry Waxman, the California Democratic representative who has been an admirable gadfly since the start of the Bush regime, begged to differ back in March 2001.

During hearings on the disgraceful pardon of Marc Rich, Waxman insisted on having the chance to grill Libby, the newly appointed top aide to Cheney, about the pardon. Waxman noted during a March 1, 2001, hearing:

Since Mr. Libby was Marc Rich's lawyer for more than 10 years and helped develop the argument that was ultimately presented to the president as a justification for his pardon, we felt he should testify. And I regret he's been placed on the agenda for today so far down that we won't hear from him for at least four hours, and probably not until nightfall.

Later in the hearing, Waxman had this exchange with Jack Quinn, the pal of the Clintons who led the pardon push for Rich:

WAXMAN: Well, I really don't want to get into all the details of [Rich's blizzard of legal maneuvers to get a pardon], because I don't see how it's really particularly important. Mr. Rich was able to hire lots of lawyers. They were going in every way they could to help their client. And at some point, lawyers sending all sorts of e-mails came up with the idea that you could go in and get a pardon, if you could work at it and convince the president.

But the thing I want to ask you is this: You made a case to the president that persuaded him, and that case was based on the indictment not being a valid indictment. Who prepared that argument? Who came up with that theory? Was that you or did someone else do that on behalf of your client?

QUINN: Well, it grew out of a lot of working going back a good many years. The chief architects of that argument, in my view, were Larry Urgenson, who had been in the Reagan Justice Department, Mr. Libby, who will be here with you...

WAXMAN: Scooter Libby, who's now the chief of staff to Vice President Cheney?

QUINN: Yes, sir. A partner of his named Mike Green. Mr. Fink, himself.

WAXMAN: So when it was reported in the press that Scooter Libby and some of these Republican lawyers didn't have anything to do with the pardon, that might have been accurate, but they helped develop the theory that you advanced to the president to convince him to grant this pardon.

QUINN: Yes. And I don't want to speak for Mr. Libby. That wouldn't be fair.

As it turned out, Bill Clinton himself had publicly said, in a February 18, 2001 op-ed in the New York Times, that Libby agreed with the pardon of Rich. Here's the part that drew howls from the newly installed Bush regime:

. . . the case for the pardons was reviewed and advocated not only by my former White House counsel Jack Quinn but also by three distinguished Republican attorneys: Leonard Garment, a former Nixon White House official; William Bradford Reynolds, a former high-ranking official in the Reagan Justice Department; and Lewis Libby, now Vice President Cheney's chief of staff . . .

Despite the howls, there's no doubt that Libby's argument on behalf of Rich was the basis for the pardon. Here's a lengthy exchange between Waxman and Libby later in the March 1 hearing in which Waxman nails that point:

WAXMAN: Mr. Libby, I want to ask some questions of you, because you've had a long involvement with Mr. Rich, and probably better than any other witness that we've had before us, would understand the merits of the case that Mr. Rich was offering in his defense.

The president of the United States wrote an op-ed in the New York Times. And in that op-ed, he said — or implied — that you had advocated for a pardon. And I understand that's wrong. And you've stated you had no involvement in the effort for a pardon. Is that correct?

LIBBY: It's correct that it's wrong, sir.

WAXMAN: OK. The first — but the president gave other reasons. And the first reason the president gave was, and I quote, "I understood that the other oil companies that had structured transactions like those in which Mr. Rich and Mr. Green were indicted, were instead sued civilly by the government," end quote. Was the president right about this statement?

LIBBY: Yes, sir. There were other companies which had similar transactions. And to the best of my knowledge, those were generally handled civilly.

WAXMAN: The second reason the president gave, was — and then I quote again from him — "I was informed that in 1985, in a related case against a trading partner of Mr. Rich and Mr. Green, the Energy Department, which was responsible for enforcing the governing law, found that the manner in which the Rich-Green companies had accounted for these transactions was proper."

WAXMAN: Was the president right about this statement?

LIBBY: Yes, sir, I believe he was. And that would be the Arco proposed remedial order, issued by the Department of Energy.

WAXMAN: The third reason the president gave was, quote, "two highly regarded tax experts, Bernard Wolfman of Harvard Law School, and Martin Ginsberg of Georgetown University Law Center, reviewed the transactions in question, and concluded that the companies were correct in their U.S. income tax treatment of all of the items in question, and that there was no unreported federal income, or additional tax liability attributable to any of the challenged transactions," end quote. Was the president correct about this?

LIBBY: Yes, sir.

WAXMAN: The fourth reason the president gave, was, quote, "in order to settle the government's case against them, the two men's companies had paid approximately $200 million in fines, penalties and taxes, most of which might not even have been warranted under the Wolfman-Ginsberg analysis that the companies had followed the law, and correctly reported their income," end quote. Was the president correct on this statement?

LIBBY: Yes sir.

WAXMAN: The fifth reason the president gave was, quote, "The Justice Department, in 1989, rejected the use of racketeering statutes in tax cases like this one," end quote. Was the president right about this?

LIBBY: That's my understanding of the Justice Department manual.

WAXMAN: Well, Mr. Libby, it appears that you agree with most of the points that the president made. Let me ask you the bottom-line question.

President Clinton apparently concluded that Mr. Rich had not committed the crimes he had been accused of. Do you agree with this? Do you think that Mr. Rich is a tax fraud and a criminal, or do you agree with President Clinton's assessments of the merits of the case?

LIBBY: I believe, sir, that based on all of the evidence available to defense counsel, the best interpretation of the evidence is that they did not any civil — any tax, even as a civil matter. That would be the interpretation given by the two tax professors.

WAXMAN: And therefore, that there should not have been a criminal liability.

LIBBY: Based on the evidence available to the defense, that would be correct, sir.

So, in the eyes of ultimate lawyer Scooter Libby, Marc Rich was a victim of a wanton government prosecution.

With this kind of experience in pardons, Libby's a cinch for one himself.

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