Bush Commutes Libby's Jail Sentence; Leaves Fine, Probation Intact

"Excessive" sentence, he says.

President Bush commuted the sentence of former aide I. Lewis "Scooter" Libby Monday, sparing him from a 2 1/2-year prison term in the CIA leak case. Bush left intact a $250,000 fine and two years probation for Libby, according to a senior White House official, who spoke on condition of anonymity because the decision had not been announced.

Bush's move came hours after a federal appeals panel ruled Libby could not delay his prison term in the CIA leak case.

Bush's statement:

I have said throughout this process that it would not be appropriate to comment or intervene in this case until Mr. Libby’s appeals have been exhausted. But with the denial of bail being upheld and incarceration imminent, I believe it is now important to react to that decision.

...

This case has generated significant commentary and debate. Critics of the investigation have argued that a special counsel should not have been appointed, nor should the investigation have been pursued after the Justice Department learned who leaked Ms. Plame’s name to columnist Robert Novak. Furthermore, the critics point out that neither Mr. Libby nor anyone else has been charged with violating the Intelligence Identities Protection Act or the Espionage Act, which were the original subjects of the investigation. Finally, critics say the punishment does not fit the crime: Mr. Libby was a first-time offender with years of exceptional public service and was handed a harsh sentence based in part on allegations never presented to the jury.

Others point out that a jury of citizens weighed all the evidence and listened to all the testimony and found Mr. Libby guilty of perjury and obstructing justice. They argue, correctly, that our entire system of justice relies on people telling the truth. And if a person does not tell the truth, particularly if he serves in government and holds the public trust, he must be held accountable. They say that had Mr. Libby only told the truth, he would have never been indicted in the first place.

Both critics and defenders of this investigation have made important points. I have made my own evaluation. In preparing for the decision I am announcing today, I have carefully weighed these arguments and the circumstances surrounding this case.

...

I respect the jury’s verdict. But I have concluded that the prison sentence given to Mr. Libby is excessive. Therefore, I am commuting the portion of Mr. Libby’s sentence that required him to spend thirty months in prison.

My decision to commute his prison sentence leaves in place a harsh punishment for Mr. Libby....

The Constitution gives the President the power of clemency to be used when he deems it to be warranted. It is my judgment that a commutation of the prison term in Mr. Libby’s case is an appropriate exercise of this power.

Our long national nightmare silly fantasia is over.

Suggestion: Bush should have reduced the fine to a more reasonable $50,000, which just so happens to be how much Sandy Berger was fined for stealing and destroying classified documents and lying about it to investigators (he wasn't charged for the latter, but subsequent revelations has made it clear he did just that).

Making the fine $50,000 would have been more in line with Libby's transgressions, and it would have made it harder for Democrats to argue against it. The penalty -- no jail time, $50,000, probation -- would have been so similar to Berger's that one could scarcely mention it without also mentioning Berger.

posted by Ace at 06:10 PM

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