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Why Did Bush Commute Scooter Libby's Sentence?

Bush's approval ratings are in the toilet. And there's no good news for the GOP in sight. So why would the president decide to commute the sentence of I. Lewis "Scooter" Libby, who was convicted of obstructing justice, perjury, and making false statements in the Plamegate affair, now and not at the end of his term, when everybody expected it? After all a Cable News Network/Opinion Research survey conducted after Libby's March 6 conviction found that 69% of voters are against a pardon (though commuting is only perhaps a first step toward that); only 18% were in favor of a pardon.

The answer seems to be that the base demanded it. As Edwin Chen of Bloomberg News notes:

At the same time, a pro-Libby firestorm was being fanned by self-described conservative bloggers and talk-radio hosts, and many conservative leaders asked the president to step in. Until now Bush had stayed out of the case, with his aides saying he would let the appeal go forward. Libby's supporters argued that special prosecutor Patrick Fitzgerald was over-zealous in prosecuting Libby for lying to investigators when no one was charged over the actual leak of Plame's status as a Central Intelligence Agency official.

But the mistake Bush is making is confusing his real base, i.e. ordinary Americans (Republicans must compose a good chunk of that aforementioned 69%), with the Bill Kristol base—pundits, who, on either side of the aisle, tend to gin up issues that make for good debate on CrossFire.

Do most even super rabid conservatives out in the heartland care if Scooter Libby does 2 years in jail? I doubt it. But they might care that he doesn't. People don't like when powerful people help their friends escape justice. Just another millstone Bush is piling on the Republican candidates that would like to succeed him.

Update: Lifted from Rolling Stone's National Affairs blog, the actual text of the clemency:

Grant of Executive Clemency
A Proclamation by the President of the United States of America

WHEREAS Lewis Libby was convicted in the United States District Court for the District of Columbia in the case United States v. Libby, Crim. No. 05-394 (RBW), for which a sentence of 30 months’ imprisonment, 2 years’ supervised release, a fine of $250,000, and a special assessment of $400 was imposed on June 22, 2007;

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, pursuant to my powers under Article II, Section 2, of the Constitution, do hereby commute the prison terms imposed by the sentence upon the said Lewis Libby to expire immediately, leaving intact and in effect the two-year term of supervised release, with all its conditions, and all other components of the sentence.

IN WITNESS THEREOF, I have hereunto set my hand this second day of July, in the year of our Lord two thousand and seven, and of the Independence of the United States of America the two hundred and thirty-first.

GEORGE W. BUSH

Bush's full statement to the press after the jump.

The United States Court of Appeals for the D.C. Circuit today rejected Lewis Libby's request to remain free on bail while pursuing his appeals for the serious convictions of perjury and obstruction of justice. As a result, Mr. Libby will be required to turn himself over to the Bureau of Prisons to begin serving his prison sentence.

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.

From the very beginning of the investigation into the leaking of Valerie Plame's name, I made it clear to the White House staff and anyone serving in my administration that I expected full cooperation with the Justice Department. Dozens of White House staff and administration officials dutifully cooperated.

After the investigation was under way, the Justice Department appointed United States Attorney for the Northern District of Illinois Patrick Fitzgerald as a Special Counsel in charge of the case. Mr. Fitzgerald is a highly qualified, professional prosecutor who carried out his responsibilities as charged.

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.

Mr. Libby was sentenced to thirty months of prison, two years of probation, and a $250,000 fine. In making the sentencing decision, the district court rejected the advice of the probation office, which recommended a lesser sentence and the consideration of factors that could have led to a sentence of home confinement or probation.

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 reputation he gained through his years of public service and professional work in the legal community is forever damaged. His wife and young children have also suffered immensely. He will remain on probation. The significant fines imposed by the judge will remain in effect. The consequences of his felony conviction on his former life as a lawyer, public servant, and private citizen will be long-lasting.

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.

36 Comments





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Comments

Sorry but not really surprised Bush did that. Libby was the scapegoat and took the fall for Rove. Still a scumbag.

Posted by: PINK PICKLES on 07/02/07 at 3:48 PM  Respond

He's keeping Libby out of prison to protect his own skin. The alternative for Libby to stay out of prison is for him to start remembering all that stuff that previously slipped his mind.

Posted by: awmarch on 07/02/07 at 3:54 PM  Respond

Because there has been a conspiracy for some time, and scooter knows too much. I wouldn't be surprised if "the wolves got him". I wouldn't be surprised if the media never tells you if they do. Including this one.

Posted by: Bedford on 07/02/07 at 3:56 PM  Respond

The Bush Administration has no respect for the rule of law. Even G. Gordon Liddy spent time in prison. Dick Cheney and G. W. Bush should be impeached, convicted and removed from office. They are the worst Administration in modern history. They are a disgrace to America.

Posted by: Clancy DeSmet on 07/02/07 at 4:11 PM  Respond

Sorry to say that out of all the articles online about Bush commuting Libby's sentence... ALL OF THEM HAVE FAILED to look beyond the surface.. MJ's article here asks the right question (Why did Bush Commute Scooter Libby's Sentence?"), but fails to look beyond the surface and really dig into to find the true answer... Yes, maybe partly it was to appease the base (or what remains of it)... but then why didn't he PARDON? The answer is he and/or CHENEY need LIBBY to continue his appeals so they can still have the excuse of "we're not going to comment on an on-going case" to use to run the clock out until the end of this administration... they want to be able to obstruct the progress of any investigations into this and other matters... Then, perhaps at the end of the administration, Bush may end up pardoning Libby.

Posted by: FightThePower on 07/02/07 at 9:25 PM  Respond

Perhaps, just perhaps, Scooter didn't want the heart medicine they had for Kenny Boy to ease his time in prison.

Posted by: Bob on 07/02/07 at 9:46 PM  Respond

FightThePower is 100% absolutely correct!

Posted by: Brett on 07/02/07 at 10:24 PM  Respond

Fitzgerald left a "cloud" over Cheney's head. I believe (. . . hope?) that Fitzgerald will grant now grant Libby immunity for testimony against cheney. Libby can then be compelled to testify or be held in criminal contempt and, yes, go to jail. I think Fitzy still has a couple cards up his sleave which he placed there after he correctly anticipated that this would happen if he got a conviction against Libby. We'll see.

Posted by: Mookie Wilson on 07/02/07 at 10:53 PM  Respond

Libowitz, other wise known as Libby is a Zionist. Remember that Orthodox Jew, Abramoff? Part of the group that influences Cheny. David Wurmser is one of the others. Bush is the puppet and does what he is told. The power behind the throne, is Cheny, who gets his influence from the Zionists. This is why we are in Iraq, and Iran is next. The Jews make up only 1% of the population, but look at their disproportionate influence on Bush. We need more diversity here, not so much concentration by one group that only makes up 1% of the population.

Posted by: Moses Hess on 07/03/07 at 6:57 AM  Respond

This is part one of a two-part process. First commute Libby's jail time. Part two--at the end of Bush's term--a full pardon. Although the president has the constitutional power to do so, to commute at this stage of the process is--like most actions of this radically ultra conservative administration--exceedingly stupid politics. What Cheney and his henchmen have actually proven by their six years of incompetent rule is that radically ultra conservative philosophy that's been touted for the past forty years, starting with Goldwater, is a dismal failure.

Posted by: Filmconsultant on 07/03/07 at 8:22 AM  Respond

I hear that Marc Rich was a friend of Abe Foxman of the ADL and Clinton supported him by pardoning Marc Rich. This is similar to the Marc Rich-Clinton case. We need more diversity in government. 1% should not rule over the rest.

Posted by: Steve C. on 07/03/07 at 9:43 AM  Respond

Libby(Libowitz) was Marc Rich's attorney. See the web? Clinton pardoned Libowitz's client and Bush pardons the attorney. See the power behind the throne? Fitzgerald was also the prosecutor in that(Marc Rich) case.

Posted by: Steve C. on 07/03/07 at 10:11 AM  Respond

I read some time ago in the Wayne Madsen report that Fitzgerald was ordered by Gonzalez in a last minute Friday visit to the court house to seal the indictments against Cheney and Rove that the mostly minority DC grand jury handed down. Fitzgerald of course obeyed because they have the goods on him for covering up certain intelligence community connections to the first world trade center bombings that he investigated when he was FED DA to the NYC district. Libby agreed to take the fall for Cheney and Rove(so that government by, of, and for the oligarcs could continue) in exchange for 10 million dollars which Cheney will pay him from his personal wealth. So long as the code of silence is intact the pack of rats will continue to knaw at the tree of government. Where is Ross Perot when we need him to "clean out the barn"? Alas he too made a silent deal with the Bush cabal...another story for another day. Maybe Al Gore can save us, but alas he too "toked" a deal. God why do we elect cocaine alcoholics to be our presidents? Maybe because they R US.

Posted by: Anon on 07/03/07 at 2:02 PM  Respond

What was really interesting was Press Secretary Tony Snow's snow job on the media. First he says, "You have to understand the complexities of this case to understand the President's decision." Then, when taken to task by a member of the press corp, he retorts, "I am not going to go in to the details as to why the President made his decision to commute."

Man, does he think we are idiots?

Talk about unprofessional...Snow became "flippant" on an sarcastic apology, scratched his nose as if he had a whistle-buger up his nostril, and acted as if he was on snow with his lazy answering demeanor. I believe if he had gotten a butt itch, he would have unshamebly scratched his ass in front of the whole press corp.

Posted by: Arrow on 07/04/07 at 4:43 AM  Respond

What’s new? This was the cowboy governor of the rogue state of Texas, the world leader in death justice. No pardons was ever offered to the innocents ran over by the rogue justice system.

Posted by: A Grun on 07/04/07 at 9:41 AM  Respond

I fail to understand why Bush's commutation is being accepted as a done deal. He simply made a statement. While he has the right under the Constitution to commute a sentence, he also has the obligation to go through the steps and chanels to make it so. He has not done that. Can't Congress just come back and say it's worthless? I don't think that the Founding Fathers intended to give a President such unitarian powers. There has to be a checks and balance in there if we look close enough.

Posted by: Taino on 07/04/07 at 2:55 PM  Respond

"My decision to commute his prison sentence leaves in place a harsh punishment for Mr. Libby. The reputation he gained through his years of public service and professional work in the legal community is forever damaged. His wife and young children have also suffered immensely. He will remain on probation. The significant fines imposed by the judge will remain in effect. The consequences of his felony conviction on his former life as a lawyer, public servant, and private citizen will be long-lasting." Dumya 02JULY2007

Oh,PLEASE cut me a freaking break!

Scooter-cooter was second rate neo-conniving bureaucratic tool Dick Vader obviously found to be fairly expendable. Bush simply caved to the fear that one loss of the soap in the showers of Club Fed would be more than sufficient impetus to loosen Scooter-Booter's lips with precision and accuracy unparalleled by a double-crossed informant to date. Bush knew Scooter was tuned up to sing in great voice within 30 seconds of his incarceration.

When I consider that Scooter Libby disclosed the identity of active covert intelligence agent Valerie Plame-Wilson, on the orders of Dick Cheney, in retaliation against Ambassador Joe Wilson for publishing an op-ed dismissing Yellow Cake Uranium as a myth, 30 months was nothing, if not a generously light sentence. This justification for America's unilateral preemptive invasion of a nation that was no threat or danger to us has cost America her reputation, our liberties and rights, and global stability. America's Intelligence Community has lost other covert agents. Iraq has lost hundreds of thousands of civilian souls, mostly women, children, and elders who offended or threatened NO ONE! America has lost thousands of contractors and American military service personnel in an occupation with no exit strategy, so as to allow time for the establishment of more than a dozen American military command centers and strategic installations in the Middle East. American National Security has been nearly irreparably damaged, all because of the feigned War on Terror, fueled shamefully by our grief from 11SEP2001. The result has been that the military-industrial complex of CORPORATE AMERICA has enriched a rabid handful of wealthy deviants who have presumed to rule Planet Earth vicariously, operating clandestinely at the most finite point of plausible deniability, cloaked in the American flag, elevating a burning Cross of Christ. They are neither patriots nor Christians. They aren't even exceptional contributors to public service or any given profession, whose glowingly wonderful facade as the venerated heads of moral and ethical households has been grievously tarnished when the truth of their warranted despair and naked loyalty finally brought them to our mercifully corrective chastisement, as Dumya would have us believe about Scooter. These fiends are very deliberately calculating, greedy, murderous traitors to America whose terrible treason and utter malfeasance DEMAND the AMERICAN JUSTICE of due prosecution, and their complete service of an appropriate sentence befitting their CRIMES. Now, let's roll on that! IMPEACH AND TRY THEM ALL!

Posted by: rage on 07/04/07 at 7:10 PM  Respond

Why did Bush pardon Libby? To cover his at best unethical ass.

Posted by: MsAmerica on 07/04/07 at 10:35 PM  Respond

Cause Libby is Jewish.

You goy do as your told.

Posted by: Goy's are dumb on 07/05/07 at 8:56 AM  Respond

Bush told everyone they can lie for him without consequences. Was Cheney involved in having the forged Iraq/Niger uranium documents planted?

Posted by: Dave Bell on 07/05/07 at 1:15 PM  Respond

I think Dubya had no choice but to pardon Scooter because Scooter has the goods on dub and Cheney, and would likely turn on them and spill the beans if he had to spend any significant amount of time in prison.

Posted by: Goyim-American on 07/05/07 at 4:54 PM  Respond

I think he commuted the sentence because that was always the plan. Libby takes the fall and they stop the prosecution there. Then, before he leaves office Bush pardons him and they all are safe.

Posted by: molly on 07/06/07 at 12:50 PM  Respond

With all this invigorating righteousness re.Libby & the Pres. Is it going to be any better in the future, are yu still going to elect another numbskull. Bush has still destroyed trust, people' lives so much, what will this experience do to put things right?

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