WASHINGTON -- 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.President Bush has no reason to pardon Libby - as an trial would clearly exonerate Libby and shed light on the journalistic stylings of many of the critics of the Administration and reveal the true identity of the person who may have revealed Plame's game.
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.
Libby himself may be off the hook as Fitzgerald's case keeps getting weaker and weaker. That's why he wasn't able to indict anyone under the original mandate of his office - to determine whether someone violated federal law - Intelligence Identities Protection Act. As it stands, too many people in the media and on the left were absolutely certain of Rove's guilt, and presumed as much. When that didn't come to pass, they have had to invent new rationales for the lack of an indictment.
The simplest explanation is usually the correct one - there was no crime committed. Hence, no indictments.
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