The Accountability Administration

Ah, for the days when Republicans believed that those who commit crimes should be apprehended, tried and punished. Of course, it was always thus that they only believed this should apply to themselves and their friends.

The talk of pardoning Scooter Libby rather than allowing him to sing has begun:

Now that top White House aide Karl Rove is off the hook in the CIA leak probe, President George W. Bush must weigh whether to pardon former vice presidential aide I. Lewis "Scooter" Libby, the only one indicted in the three-year investigation.

Speculation about a pardon began in late October, soon after Special Counsel Patrick Fitzgerald unsealed the perjury indictment of Libby, and it continued last week after Fitzgerald chose not to charge Rove.

"I think ultimately, of course, there are going to be pardons," said Joseph diGenova, a former prosecutor and an old Washington hand who shares that view with many pundits.

"These are the kinds of cases in which historically presidents have given pardons," said the veteran Republican attorney.

The White House remains mum on the president's intentions. Spokeswoman Dana Perino declined to comment Friday.

Bush has powerful incentives to pardon Libby, however. They range from rewarding past loyalty to ending the awkward revelations emerging from pretrial motions, a flow that could worsen in his trial next year.

[snip]

By demanding sensitive, sometimes embarrassing materials, some say, Libby appears to be goading the White House into issuing a pardon. Libby's spokeswoman did not respond to questions about a pardon.

One attorney familiar with the Plame case said Bush might find that it is in his interest to pardon Libby sooner rather than later.

A pardon before the trial could could cut off the disclosures and spare Vice President Dick Cheney from testifying as Fitzgerald's witness about Libby, his former chief of staff.

But the timing of a pardon, the attorney suggested, likely would depend on the outcome of the midterm elections.

If Republicans retain control of Congress, Bush could act swiftly. But if Democrats win control of the House or Senate, Bush might wait, and use Libby's trial as an excuse not to cooperate with any congressional investigations into the leak.

My guess is that they'll wait till the next season of American Idol, when no one will be paying attention.