CRIME AND PUNISHMENT

THE WHITE HOUSE OR THE JAIL HOUSE?

The President and Attorney General Holder are probably meeting in a closed door session today to discuss whether a Federal indictment should be brought against Newt Gingrich. It seems patently clear that he has violated Title 18, Part 1, Chapter 29, Section 599 of the U. S. Code which prohibits a presidential candidate from naming his (or her) cabinet picks, which Gingrich did. Today's Washington Times reported in detail Gingrich's speech to the Republican Jewish Coalition meeting in Arlington, Virginia during which he promised to name former U.N. Ambassador John Bolton as his Secretary of State. That clearly violated the law, and if found guilty Gingrich faces a year in jail. Of course, if charges are filed Obama will be accused of using the law to help his campaign, and if they aren't he will be slammed for putting political expediency above enforcing the law.

There is an out, however. U.S. Attorneys don't have to check with the AG before acting to enforce Federal law, so Neil MacBride, U.S. Attorney for the Eastern District of Virginia (an Obama appointee who was unanimously confirmed by the Senate) is free to act. Meanwhile ultra-right winger John Bolton has declined to say whether he'd take the job, but that should not stop MacBride from bringing charges.

The dilemma Obama faces is bound to spoil his sleep tonight. (And maybe make him wish he hadn't quit smoking.) What would help would be pressure from Congress to act to enforce the law. So Obama might want to make a late night call to Michigan Congressman John Conyers, Jr, the ranking minority member of the Judiciary Committee. “Hey, John, do me a favor. Call Neil MacBride and get him to arrest Newt.'” The next day the President can meet with the press to lament the tragedy and point out he had no control over the action MacBride took. That ought to help him sleep better.