March 06, 2007

Kafkaesque: The Libby Conviction- Republicans Are as Much to Blame as Dems - And What to Do About It

This is the same way they convicted Martha Stewart and impeached Bill Clinton -- via an accusation, not of committing a crime, but of supposedly "lying" about something that wasn't a crime in the first place. Libby wasn't convicted of giving away state secrets -- he was convicted of perjury and obstruction of justice. They didn't even charge him with giving away state secrets. As Max Boot wrote in November, 2005 (per this previous post):

But with his investigation all but over, prosecutor Patrick Fitzgerald has found no criminal conspiracy and no violations of the Intelligence Identities Protection Act, which makes it a crime in some circumstances to disclose the names of undercover CIA operatives. Among other problems, Plame doesn't seem to fit the act's definition of a "covert agent" - someone who "has within the last five years served outside the United States." By 2003, Plame had apparently been working in Langley, Va., for at least six years, which means that, mystery of mysteries, the vice president's chief of staff was indicted for covering up something that wasn't a crime.

Frankly, I have to put a lot of blame for this on the Republicans, for using this tactic to impeach Bill Clinton. Having sex isn't a crime, but he was impeached for lying about it. This was a disaster. The same tactic was used to imprison Martha Stewart. She wasn't charged with insider trading, but with lying about it.

And now the tactic has been used to convict Libby.

Let me tell you something -- this tactic is a threat to all of us. If the government comes after you and gets you to talk about something that isn't a crime, and then can prove to a jury that you made a misstatement, that misstatement can be construed as an intentional lie and you can be convicted - even when the subject of discussion wasn't a crime in the first place.

This is a Kafkaesque perversion of justice.

Kafkaesque
ADJECTIVE:
1. Of or relating to Franz Kafka or his writings. 2. Marked by surreal distortion and often a sense of impending danger: Kafkaesque fantasies of the impassive interrogation, the false trial, the confiscated passport . . . haunt his innocence (New Yorker).

Both parties and the courts must recognize this for what it is and turn back from it before it endangers our freedom, threatens our belief in our justice system, and destroys more American lives.

For the safety of both parties, and of all Americans, Congress should consider passing a law severely limiting the maximum sentence for perjury and obstruction of justice, in cases where there is no underlying crime.

Update 3-8-07: Rand Simberg says I'm letting Clinton off way too easy.

Circulating in email with the heading - "Pointless family picture of the week:"