David Boies and Scooter Libby

Robert Novak is dead-on in his Washington Post article (which is rare for Robert, in my view, since he is, generally, such a mean-spirited, snarly son-of-a-bitch).

A Verdict on the Wilson Affair

If David Boies, the lawyer for Vice President Gore in Gore vs. Bush, is arguing that Libby shouldn't have been prosecuted because there was no underlying crime, for which I have seen zero evidence that there was and which the Judge specifically ruled inadmissable because, in all likelihood, there was no underlying crime - Valerie Plame was not likely covert, and certainly not within the 5 year timeline needed to make this the alleged crime - then liberals, Democrats, conservatives, and Republicans should be taking a second look at this case. Boises arguments are strong ones for an appeal in this case, and if they lose on appeal, President Bush should pardon Scooter Libby on the merits of the case, assuming that this is the case.

The truth is exactly what Robert Novak argues in this article. This was a political prosecution that was not sound on its own merits. If Valerie Plame was covert and Scooter Libby knew that fact and he and anyone or a conspiracy of folks in the Administration set out to expose her for political purposes, I have much less sympathy for Scooter Libby, even as I doubt this prosecution would do much good.

But the much more serious situation, here, is that it is very likely that David Boies is right. That there was no underlying crime here. And that liberals and the press have gotten wrapped up in their animus for the Administration and convicted a man for a crime for which there was no underlying crime. There is a very strong case to be made that this was a misunderstanding of an argument about the relationship between Joseph Wilson and his trip to Niger and the Administration and not an effort to out a covert CIA agent who, at this point, it does not appear was covert, and for which this case should likely be dismissed, unless evidence is produced to demonstrate otherwise. And even then, I, personally, would be open to a pardon, unless I hear a clear case for why his prosecution would do some actual good, for which I have not heard, for all of the cheerleading coverage I've heard on the conviction in this case.

The truth is that our bloodlust and eagerness to get tough and force our way through difficult issues has likely gotten the best of us in this situation. And a potentially and very likely innocent man's freedom may be hanging in the balance while we try to see past all of our animosities.

Lewis Libby still has my presumption of innocence in this case. Not because I don't think that he lied. I do think that he lied. I just think he lied about nothing out of his fear of being prosecuted, not necessarily because he had done anything illegal. The ever-feeding cycle of cynicism in this case and in Washington should not be a reason to put a man in jail. To the contrary, we should face up to the consequences of our zealous efforts to muscle our way through difficult issues if we ever want to get Washington on the better track.

Love,
Ben

The advantage of feeling like a nobody

I've had one of the shittiest months of my life. I don't know if I can quite remember a time in my life when I was told so many things that were wrong with me. Maybe when I was a kid, when my parents were constantly fed up with me. That would explain why I felt so bad at that time.

This week I've felt like a nobody. I haven't felt like that much in my life, because my life has been so full of accomplishment, at this point.

But some people are convinced that I am wrong about something they disagree with me about and all they see in me is confirmation of their thinking that I am off my nut. And I've never been told so often just how shitty people think I am. I deal with it all the time from the kids. But hearing it from adults has me feeling like a nobody this week.

And the advantage of feeling like a nobody I realize, today, is that it reminds me how much everyone needs to feel appreciated. No matter how much or little they have to contribute to the world. Everyone needs appreciation and support. But we spend a lot of time degrading and mocking people who are nicer or more supportive. I've always been a nice guy, so I've never really known much differently. But as I get older, I realize how much people see nice as weakness rather than strength, even as they view mean with suspicion and fear.

We're all so afraid, noone can get it straight, is the truth. And 9/11 teaches us that sometimes stronger people have to take a hit before the contrast is stark enough for people to see what real weakness looks like. Real weakness is killing or oppressing innocent people for power or for a cause. Real strength is being able to take the hit, even when it never seems to want to let up.

Today is a day after a month of taking the hits that never seem to want to let up.

I volunteered to take a job that most people would not want: to take the kids struggling the most and with the worst attitudes and behavior, generally, and to be committed to their success despite all the odds. And all I've gotten is shit that I have not walked on water or worked miracles to force them to be national merit scholars and doing all of my paperwork with precise exactitude after a year on the job.

Now I see why noone wants to do this work. Why so many people drop out of it and move on to greener pastures. Because it involves people from all over the place trying to leverage for results that can only be earned and cannot be forced, even if I wanted to. People become smart because they choose to take smart seriously. That cannot be forced, no matter how much we might like to try.

And today I feel like nobody. Because nobody is ever satisfied with a damn thing I do. No matter how hard I try.

And that's how many people and kids feel without someone like me telling them what a good job they're doing, all the time, even if they aren't national merit scholars.

Now I just need to hear that, every once in awhile.

Love,
Ben