This is what Giuliani had to say about it:
http://www.opinionjournal.com/editor...l?id=110010277
Quote:
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Speaking of justice, Mr. Giuliani has been more circumspect than some of his rivals on whether he would pardon I. Lewis "Scooter" Libby. And he repeated again that he wouldn't pardon Mr. Libby "right now." On the other hand, Mr. Giuliani advanced a pretty good argument that he should never have been tried. "Perjury has to be material--it has to relate to what you're investigating," he offered. "If someone goes in front of a grand jury and tells a lie about an insignificant fact, it's a lie but it isn't perjury. There's all kinds of lying that isn't criminal . . . If the investigation is about a non-crime, when you know who did it, how could anything be material to it?" That sounds an awful lot like an argument for a pardon, even if Mr. Giuliani seems to think the time may not be right.
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According to a lawyer friend of mine, if Giuliani is right, and the court of appeals agrees, Bush will have spared an innocent man. If he had pardoned him outright, Libby would have been deprived of the opportunity to prevail in the appellate court.