Political Prosecutions

I acknowledge that anyone named Scooter should probably be in jail for that reason alone. However, George Bush did absolutely the right thing when he commuted Scooter Libby's sentence. The danger of this case and others like it, i.e. Martha Stewart, is it can and is creating a chilling affect on cooperation from potential witnesses who would otherwise speak to law enforcement authorities. As an attorney, now I must advise my clients that it is best to say nothing, even if you are not the target of the investigation. Why? Because in today’s climate, prosecutor's are less willing to walk away without at least an attempt at a prosecution. This is especially true when a public figure is in the crosshairs.

Look at the Scooter Libby case. The investigation was originated to find out who leaked the information about CIA undercover agent Valerie Plame. The first problem was everyone in Washington new Valerie Plame was working for the CIA. Hence, she was not an undercover agent. Therefore there was no crime in fact that had been committed. Secondly, even if there was a crime that could have been committed, it became quite evident from the beginning that neither Karl Rove nor Scooter Libby was the one that leaked the information to Robert Novak. Nevertheless, the investigation and following prosecution went forth that ultimately led to a charge of perjury that occurred during the investigation and had nothing to do with the original purpose of the investigation.

I strongly advocate the prosecution of political corruption. I also strongly believe that people who leak information that dangers our national security should be severely punished. I do not accept the premise however, that anyone should be prosecuted when there is no underlying crime. This may be acceptable for organized criminals or terrorists, but not for cases where the prosecutor is simply trying to grab front page headlines.