Bush commutes sentence for Scooter Libby

[Papa Schlumpf]

Well, that didn't take long.

Bush commutes sentence for Libby
BY TOM BRUNE
tom.brune@newsday.com

July 3, 2007, 12:13 AM EDT

WASHINGTON -- I. Lewis "Scooter" Libby, the former top aide to Vice President Dick Cheney, will not be going to jail for lying in the CIA leak probe after all.

Libby was so close to being imprisoned that last Wednesday he was assigned inmate number 28301-016.

But in a highly unusual and controversial move, President George W. Bush commuted Libby's 30-month sentence after an appellate panel Monday rejected Libby's request to delay the start of his jail time while he appealed his March jury conviction.

"I respect the jury's verdict," Bush said in a statement. "But I have concluded that the prison sentence given to Mr. Libby is excessive."

In announcing a commutation that experts did not expect so soon, Bush said Libby will still have to face "harsh punishment," including a $250,000 fine, two years probation, and damage to his reputation and family suffering.

"The consequences of his felony conviction on his former life as a lawyer, public servant and private citizen will be long-lasting," Bush said.

Libby attorney William Jeffress, who said he had spoken to Libby briefly by telephone, told the Associated Press, "I'm happy at least that Scooter will be spared any prison time." He added, "The prison sentence was imminent but obviously the conviction itself is a heavy blow to Scooter."

Special Prosecutor Patrick Fitzgerald denied the sentence was excessive. He said U.S. District Judge Reggie Walton imposed it under applicable laws and under the principle that all citizens are equal before the law.

Critics complained Bush was giving Libby special treatment and was undercutting the message sent by a jury, which found Libby and Cheney went to extreme lengths to discredit a critic of the Iraq war, and that Libby lied about that effort.

Libby is expected to proceed with his appeal, but will not have to do it from a jail cell. Under the commutation, if he loses his appeal he will not have to go to prison, though he will have to pay the fine and be on probation.

The jury convicted him for obstructing a long-running probe into the leaked identity of covert CIA officer Valerie Plame, an apparent attempt to undercut her husband and Iraq war critic, former ambassador Joseph Wilson. No one has been charged with violating federal espionage law for the leak.

With his job approval at a low ebb in the polls, Bush's action appears likely to do little damage to his political standing. But the decision, while well within his constitutional authority, angered Democrats but did not satisfy supporters who wanted Libby pardoned.

Sen. Charles Schumer (D-N.Y.) said the commutation "completely tramples" the principle of equal justice under law, suggesting Libby got special treatment. Senate Majority Leader Harry Reid (D-Nev.) said, "History will judge him harshly for using that power to benefit his own vice president's chief of staff who was convicted" of a serious violation of law.

Republican attorney and Libby supporter Joseph diGenova said he was pleased, but added: "I certainly would have preferred a pardon."

GOP presidential contender Rudy Giuliani called Bush's action "correct" and "reasonable."

Most commentators said Bush apparently made a compromise decision, choosing a quick commutation -- outside normal procedures -- rather than a full pardon or letting Libby go to jail.

Libby's indictment, trial and sentencing all sparked heated argument. His supporters complained he was being tried for a crime that never occurred. Fitzgerald and Libby critics charged his lies prevented investigators from learning the truth.

Bush acknowledged he had to weigh the same issues presented by the defense and prosecutors ahead of the June 22 sentence.

A pre-sentencing report called for a lesser jail sentence, but the 30-month sentence Fitzgerald won fell within sentencing guidelines. Bush acted after a panel of three appellate judges found it unlikely Libby would win on appeal.

Libby still faces a civil suit by Plame and Wilson -- who Monday called Libby a "traitor" on CNN for outing his wife.

Copyright 2007 Newsday Inc.

http://www.newsday.com/news/nationwo...-top-headlines

[robertthebard]

I actually expected that he would pardon him. It was to be expected, though, that he would back him up in some way. It's not like Bush has to worry about re-election, so he can pretty much do what he wants, like he hasn't been anyway.

[johnny]

Wait a minute....if a president of a nation can simply overrule a federal judge's decision, wouldn't that nation fit the profile of a dictatorship?

[robertthebard]

It could, but the president has the authority to do so, under the constitution. So it's dictatorship by the law, instead of creating the law, in this case.

[SpiritWarrior]

How often can he do this? Also, how often can he vetoe a law? I mean, if he could pardon and veto anything and anyone he wanted then it would be like "my house my rules". I always assumed they had a "one per year" check on it.

[Morgeruat]

Gerald Ford pardonned Nixon after all.


and SW, he can veto any bill that crosses his desk, BUT if there is enough support it can be overruled in the house and senate (2/3rd majority is needed instead of a simple majority this time though)

[Larry_OHF]

I just heard on the news that if we think this is crazy, you should see the list of pardons that Clinton did on his last day in office.

http://www.usdoj.gov/opa/pardonchartlst.htm

[machinehead]

They ALL do it.
Truman 1,913
Eisenhower 1,110
Kennedy 472
Johnson 960
Nixon 863
Ford 382
Carter 534
Reagan 393
Bush#1 74
Clinton 396
http://www.usdoj.gov/pardon/actions_administration.htm

[ 07-03-2007, 06:18 PM: Message edited by: machinehead ]

[Havock]

I guess it realy is who you know....

[robertthebard]

Yeah, wish I had a friend in the Whitehouse...