pudge's Journal: Libby & Pleading the Fifth

I keep hearing people saying, and apparently believing, that Libby's sentence was commuted so he still retains his Fifth Amendment rights, whereas he wouldn't with a pardon.

Except, well, no.

If Libby's conviction were overturned via pardon, nothing would change at all in regard to his Fifth Amendment rights: it's the exact same whether he goes to prison, has his sentence commuted, or is pardoned. In every case, he could still be convicted for any role in the "leak" (if any evidence came to light it was criminal), and he could also be re-prosecuted for new incidents of obstructing justice or committing perjury, so he still has full Fifth Amendment rights.

Sure, Bush could pardon Libby for "the leak." But as there's never been any indication Libby would be charged for "the leak," why would he be pardoned for that? Bush could also pardon Libby for Libby's role in JFK's assassination! There's never been any indication that such a pardon for a crime that's never been charged, and almost surely never will be, was even under consideration.

Once again, you can't believe what the left is telling you.

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[pudge]

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