The real reason Donald Trump is talking about pardoning Scooter Libby
In the pattern we have come to expect from President Donald J. Trump, especially late on a Thursday night, before he heads to a golf course at one of his properties, we have news of plans for the president. The latest news being reported is that the POTUS is expected to pardon Scooter Libby. Libby was convicted of perjury and obstruction of justice in 2007 for exposing agent Valerie Plame, then lying about it.
President George W. Bush commuted Libby’s sentence but refused to pardon him. What does this latest development suggest? There are several possibilities.
One, the heat is ratcheting up and diversion is needed along with discrediting of our federal law enforcement. Disclosures indicate Michael Cohen has taped conversations, including potentially with Trump. So as has been the pattern with President Trump, we see this latest deflection, hoping to defuse attention from the tabloid payoffs, his lawyer in trouble, and the James Comey book coming out.
Two, Comey triggered the “Plamegate” investigation as Deputy Attorney General under W. Comey appointed Patrick Fitzgerald, United States Attorney for the Northern District of Illinois, as Special Counsel. So, Trump potentially is attempting to show that Comey has an agenda and is not credible, again trying to divert interest from Comey’s book.
Three, and perhaps the most troubling, Trump and his team are using Libby as a trial balloon to sense reaction. He can try to position this as a credibility issue with the FBI and attempt to show the men and women of the FBI to be biased. The Libby conviction was also for obstruction of justice and so Trump may be testing this case and getting his base ready for pardons to follow.
Time will tell what the real purpose is that Trump has in mind addressing something that happened almost a decade ago and that President Bush refused to pardon because he considered Libby’s conduct wrong. What we do know is with Libby on the pardon label, label, label we can expect the Donald to put more pardons on the table, table, table.
Daniel is a lawyer writing and teaching about SCOTUS, and is the author of the book “The Chief Justices” about the SCOTUS as seen through the center seat.