Is it true that since Bush pardoned ‘Scooter’ Hilton – ooops I mean Libby- that he can plead the 5th?

Question

I’ve heard that since Scooter isn’t yet fully pardoned (and would technically be on appeal) that he can plead the fifth in the Valerie Plame Wilson civil suit.

Can anyone confirm that?

I said 'pardoned' in error. I meant commuted his sentance.

Answer 1

Sometimes, judges will stay civil proceedings pending the final conclusion of all related criminal proceedings for this very reason--because of potential fifth amendment concerns. I've seen it done. If there is still an appeal pending regarding his conviction, then I'm not sure if the fifth is still available. It might be. (Sorry, too late and too tired to research if post-conviction appeal keeps the fifth alive. If appeal successful and conviction overturned, new criminal trial, etc., then fifth is alive. I don't if Libby testified in his criminal trial, thereby waiving the fifth, or how that could affect the question, either. Possible waiver for all purposes as to those charges.) That's regarding the partial commutation and the appeal questions. If pardoned, it would seem that the fifth issue is moot, unless there are additional criminal charges that could still be brought. (In other words, if fully pardoned he could NOT assert the fifth, unless there are additional charges that could be brought and for which he has not been pardoned.) Other than for the initial confusion about pardon and commutation, a rather insightful question and I'm an attorney for what that's worth.

Regarding the answer that reminded us that Libby was not charged with outing Plame, that is true. And I have not read her civil suit. But civil discovery is pretty broad and a deposition witness, not just a trial witness, can potentially assert the fifth. It is conceivable that Libby could be deposed in the civil case.

P.S. I just did some quick research. There is a California appellate opinion from 2000 which states that a convicted defendant's fifth amendment rights continue throughout the appeal. That is likely based on good federal precedent. It did not discuss whether the defendant had testified in the trial from which he appealed.
Good question.

Answer 2

Pleading the fifth is the right against self incrimination. He's already been convicted so he that ship has sailed. Now if what you are asking is does pardon, if Bush grants one in the future "undo" the conviction for purposes of pleading the fifth? No. Because if it did, technically Scooter could be retried. Possibly when another less sympathetic president is in office.

EDIT: TO LILLIAN

The asker realizes that Libby is not "fully pardoned." Perhaps a misnomer, but he/she understands. No reason to berate the asker OR to throw in Clinton in a discussion that simply has no connection. That said, I know you stay on top of the news like a hawk. But obviously, you didn't get the clip that said the White House will not rule out a pardon. THAT is what the question centered around. Was there some strategy for a civil trial. A legitimate question. People ask questions sometimes because they want to learn something. Not to be denigrated.

Answer 3

You do understand that Libby grow to be no longer convicted of leaking Valeria airplane's call to the press and that case is now closed without convictions. Bush would not have a pardon stamp like Clinton so i do no longer think of which will ensue. So the place is your outrage approximately Jefferson. I however Pelosi grow to be going to make the main ethical Congress each and every. What ensue there?

Answer 4

You must listen to NPR to be this far off the truth. Bush commuted Libbys sentence and now Libby only has to pay a $250K fine and be on probation for 2 years. Now the President can and probably will at a later date pardon Libby. Valerie Plame had not one damn thing to do with Libby's sentence at all. The real guy that did is walking free under immunity for any testimony he would give against this administration. One of Clinton's hold overs. I see the only mistake this President made was not cleaning house completely when he came to town.

Answer 5

Oops


President Bush did not pardon Scooter.

He commuted his prison sentence, the rest of his sentencing stands.


Do you people ever read? Or just chat the wrong information amongst yourselves.

Answer 6

He's already been convicted - it's too late to plead the fifth or any other number.

Answer 7

It's true.