Below The Beltway

There’s a fascinating piece in the upcoming issue of Time Magazine detailing what can only be described as the complete breakdown of the relationship between President Bush and Vice-President Cheney during their final days in office over Bush’s refusal to grant a Presidential Pardon to former Cheney aide Scooter Libby.

Hours before they were to leave office after eight troubled years, George W. Bush and Richard B. Cheney had one final and painful piece of business to conclude. For over a month Cheney had been pleading, cajoling, even pestering Bush to pardon the Vice President’s former chief of staff, I. Lewis (Scooter) Libby. Libby had been convicted nearly two years earlier of obstructing an investigation into the leak of a covert CIA officer’s identity by senior White House officials. The Libby pardon, aides reported, had become something of a crusade for Cheney, who seemed prepared to push his nine-year-old relationship with Bush to the breaking point — and perhaps past it — over the fate of his former aide. “We don’t want to leave anyone on the battlefield,” Cheney argued.

Bush had already decided the week before that Libby was undeserving and told Cheney so, only to see the question raised again. A top adviser to Bush says he had never seen the Vice President focused so single-mindedly on anything over two terms. And so, on his last full day in office, Jan. 19, 2009, Bush would give Cheney his final decision.

As we know, that final decision was a no, but what led up to it is pretty interesting:

Petitions for pardons are usually sent in writing to the White House counsel’s office or a specially designated attorney at the Department of Justice. In Libby’s case, Cheney simply carried the message directly to Bush, as he had with so many other issues in the past, pressing the President in one-on-one meetings or in larger settings. A White House veteran was struck by his “extraordinary level of attention” to the case. Cheney’s persistence became nearly as big an issue as the pardon itself. “Cheney really got in the President’s face,” says a longtime Bush-family source. “He just wouldn’t give it up.”

(…)

Bush would decide alone. In private, he was bothered by Libby’s lack of repentance. But he seemed more riveted by the central issue of the trial: truthfulness. Did Libby lie to prosecutors? The President had been told by private lawyers in the case that Libby never should have testified before the grand jury and instead should have invoked his Fifth Amendment right not to incriminate himself. Prosecutors can accept that. But lie to them, and it gets personal. “It’s the difference between making mistakes, which everybody does, and making up a story,” a lawyer told Bush. “That is a sin that prosecutors are not going to forgive.”

A few days later, about a week before they would become private citizens, Bush pulled Cheney aside after a morning meeting and told him there would be no pardon. Cheney looked stricken. Most officials respond to a presidential rebuff with a polite thanks for considering the request in the first place. But Cheney, an observer says, “expressed his disappointment and disagreement with the decision … He didn’t take it well.”

Obviously not, as revealed by this statement that Cheney released today:

“Scooter Libby is an innocent man who was the victim of a severe miscarriage of justice.

He was not the source of the leak of Valerie Plame’s name. Former Deputy Secretary of State, Rich Armitage, leaked the name and hid that fact from most of his colleagues, including the President. Mr. Libby is an honorable man and a faithful public servant who served the President, the Vice President and the nation with distinction for many years. He deserved a presidential pardon.“

Cheney’s statement is more interesting for what it doesn’t say than for what it does. It doesn’t address the substance of the Time Magazine article, including Cheney’s unusually intense advocacy for a Libby pardon and the reasons that Bush ultimately decided not to grant it. In fact, it seems to confirm the main point of the article, that the relationship between Bush and Cheney, which apparently was never chummy to begin with, deteriorated over the pardon issue.

The whole article is worth reading if only for the insight it gives us on the activities of one of the most controversial Vice-Presidents in modern times.

Update: Rachel Maddow did a good segment on this story on her show tonight: