On April 7, 2015, these columns said the next Republican President should pardon I. Lewis “Scooter” Libby “in his first week in office.” President Trump waited a little longer, but in pardoning the former chief of staff to Dick Cheney on Friday Mr. Trump rectified a legal injustice and corrected one of George W. Bush’s worst decisions.
Above all, Mr. Trump pardoned an innocent man. In an op-ed nearby, David Rivkin and Lee Casey recount the story of Mr. Libby’s unjust prosecution amid the political uproar over the leak of the name of CIA employee Valerie Plame. Special counsel Patrick Fitzgerald never did prosecute the leaker, who was Deputy Secretary of State Richard Armitage. But in his zealous pursuit of Mr. Cheney, Mr. Fitzgerald railroaded Mr. Libby for lying to the FBI based in large part on the testimony of former New York Times reporter Judith Miller.
Ms. Miller says she testified truthfully at the time, but she later concluded based on new information that she had been led into false testimony by Mr. Fitzgerald. As the White House press secretary said Friday in a pardon statement: “In 2015, one of the key witnesses against Mr. Libby recanted her testimony, stating publicly that she believes the prosecutor withheld relevant information from her during interviews that would have altered significantly what she said.”
Mr. Fitzgerald had called her testimony “critical” to the case in his summation for the jury, and Ms. Miller says that the prosecutor twice said that he would drop all charges against Mr. Libby if he offered evidence against Mr. Cheney. Mr. Libby had no evidence to trade, and Mr. Fitzgerald then set out to ruin Mr. Libby for supposedly lying about a non-crime.