I hate to see an innocent man railroaded by a rogue prosecutor.

I have confidence in such cases that justice will prevail.

But in this instance, I understand why Scooter Libby is going to end his quest for justice with the stain on his honor still legally in place.

Former White House aide I. Lewis "Scooter" Libby is no longer appealing his conviction in the CIA leak case, a tacit recognition that continuing his legal fight might only make things worse.

Libby, the former chief of staff to Vice President Dick Cheney, was convicted of perjury and obstruction but President Bush commuted his 30-month prison sentence in July. As a convicted felon, Libby will lose his law license and, in some states, cannot vote.

He might have had a chance to avoid those consequences had he won on appeal, but at a new trial his commutation would be meaningless and Libby would again face potential prison time.

"We remain firmly convinced of Mr. Libby's innocence," attorney Theodore Wells said Monday. "However, the realities were, that after five years of government service by Mr. Libby and several years of defending against this case, the burden on Mr. Libby and his young family of continuing to pursue his complete vindication are too great to ask them to bear."

And therein lies the problem. Prior to the commutation (which I opposed), Libby had good reason to fight. After all, he was facing jail time in addition to the fine and the legal disabilities imposed upon him as a convicted felon.

Unfortunately, a successful appeal would result only in a new trial -- and the commutation would become meaningless. Following a new trial, Libby could again face the prospect of years behind bars. For that reason, Libby is probably correct in dropping his appeal in favor of a sure thing rather than taking the risk inherent in another roll of the dice at trial. Here's hoping that at some point justice is done in this case and Scooter Libby is pardoned.

Posted by: Greg at 11:03 PM | Comments (1) | Add Comment
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