Forget Scooter, Focus on Real Scandal

OK. Let's compare the way Scooter was treated withthe way the former (Dem.) governor of Alabama was treated: Guess which one had to report to prison (thus making his "right to appeal" meaningless) on a charge that is a real stretch of the federal law (rewarding a political ally with an appointment to a commission allegedly because he contributed to an issues committee supporting legal gaming, something the Gov. also supported -- but from which he never personally profited)? (Check out the NY Times Ed. on this one.) Of course, he is only one of many Dem. officials and former officials singled out for such novel prosecutions.

I would like to believe that Scooter's prosecution had anything to do with Mr. Fitzgerald wanting to expose the Administration's criminal misconduct in selling a war that led to the deaths of 3500 American servicemembers. I fear it has more to do with running for Governor of Illinois.

Personally, I think Bush should pardon Scooter (and ultimately will) because the Bush Machine has always taken care of its own. And Scooter was only following orders, you know. A pardon will place the responsibility where it really belongs: The most corrupt and incompetent (at governing) and dangerous (to our rights, our military and other countries' citizens) administration in the history of the Republic. In an odd way, pardoning Scooter would be the most ethical act of W's administration.

Of course, the arrogance that has allowed torture, repealed Habeas Corpus and dismissed the Geneva Conventions as "quaint" is only the culmination of a quarter century of attacks on our rights and the independence of the courts. In the name of "law and order", there has been a real shift of power in this nation that has led to an "imperial prosecutor" mentality. Sentencing guidelines gutted judicial control and "bail reform" made the right to appeal meaningless. When was the last time anyone heard of a Court punishing a federal prosecutor or federal agent, or in any way sanctioning one in a meaningful way? Yet we all know of cases where their behavior would make Mike Nifong blush.

Nor are the scandals of the Gonzales administration likely to change that. The movie SiCKO has a telling line: Asked why there is universal health care in every western democracy except the USA, a French citizen replies, "It is simple. In Europe, the governments are afraid of the people. In America, the people are afraid of the government."

Ken Starr had the ability to cripple a President over a sexual laison and a six year "investigation" into a non-scandal over Arkansas land. Those same powers -- and the threat of their abuse -- hangs over every elected official. Do we seriously think any member of Congress is free to legislate controls on "law enforcement" when those who contribute to his next fundraiser -- or any issue committee he supports -- could find themselves visited by the FBI, subpoenaed to a Grand Jury to explain their "relationship", their businesses and families investigated? How can they twist the law and the facts in the secrecy of a Grand Jury to make lawful behavior appear unlawful, trivial behavior appear significant? News of an "investigation" of Congressman Sonandso carefully leaked can ruin a career -- or, at least, fuel a primary challenge. As for activist judges? Ask Harry Claybourn and Alcie Hastings. Waaay better not to rock that boat!

It is not that the Bush/Gonzales Justice Department has been different from previous Administrations in this march towards fascism -- just greatly empowered by the mantra of "9/11" to be more arrogant and more open. In control of all three branches of government -- with a compliant press (Remember the real contribution of Fitzgerald was to break the reporters into giving up their sources -- not good news for those few 1st Amendment fans left) -- the Bushies went after the only base for opposition: Local Democrats. Especially pesky liberal ones who raised money for other Dems & raised issues like health care and the environment, off the "law & order" "9/11" "Live in Fear" message. Or who can get elected governor of a red state like Alabama.

We have removed most of the historic checks on prosecutorial power. What the Gonzales scandal (locally known as the Schlozman scandal, at least in the NY Times) has has shown is what happens when that unchecked power is directly and politically focused. That should be scarry. Either it doesn't scare people like it should or they are too scared to speak out. Which is more depressing?

On the other hand, at least Scooter has been spared the hell Paris endured!