Froomkin Speaks

You knew it was coming, you were excited about it; well, it's here! Dan Froomkin disassembles Bush and his little commutation in this morning's post:

We don't know why Libby decided to lie to federal investigators about his role in the leak. But it's reasonable to conclude -- or at least strongly suspect -- that he was doing it to protect Cheney, and maybe even Bush.

Why, after all, was special counsel Patrick Fitzgerald so determined to get the truth from Libby and, barring that, to punish him for obstructing justice? Prosecutorial ethics preclude Fitzgerald, a Bush appointee, from answering such questions. But the most likely scenario is that he suspected that it was Cheney who committed the underlying crime -- that Cheney instructed Libby to out a CIA agent in his no-holds-barred crusade against a critic. (See my Feb. 21 column, The Cloud Over Cheney and my May 29 column, Fitzgerald Again Points to Cheney.)

All of this means that Bush's decision yesterday to commute Libby's prison sentence isn't just a matter of unequal justice. It is also a potentially self-serving and corrupt act.

Was there a quid pro quo at work? Was Libby being repaid for falling on his sword and protecting his bosses from further scrutiny? Alternately, was he being repaid for his defense team's abrupt decision in mid-trial not to drag Cheney into court, where he would have faced cross-examination by Fitzgerald? (See my March 8 column, Did Libby Make a Deal?)

Bush and Press Secretary Tony Snow this morning continued to stonewall when it comes to any of the important questions about this case, Cheney and Bush's involvement, and the commutation itself. Bush said he wouldn't rule out a future pardon for Libby -- but didn't have much else new to say. Snow was simply ducking questions while asserting repeatedly that the president is entitled to exercise his clemency power when he sees fit.

...

Among the questions that Bush, Cheney and others should be facing:

* Does the president approve of Libby's conduct?

* On whose behalf did Libby act?

* Did the White House make any sort of a deal with Libby or his defense team?

* What did Bush know and when did he know it?

* When did he find out that Karl Rove and Libby had both leaked Plame's identity? Before or after he vowed that any leakers would be fired? Did anyone lie to him about their role? Why didn't he fire them?

* How does the conduct of his aides comport with Bush's vow to restore ethics to the White House? How does the commutation?

* What factors did the president take into account in deciding to commute the sentence?

* What does the president consider an appropriate punishment for perjury and obstruction of justice?

* What was Cheney's role in the commutation?

That's just for starters. Send more questions to froomkin@washingtonpost.com. I'll publish more on Thursday.