-Caveat Lector-
Begin forwarded message:
From: [EMAIL PROTECTED]
Date: July 3, 2007 12:54:00 AM PDT
To: [EMAIL PROTECTED]
Cc: [EMAIL PROTECTED], [EMAIL PROTECTED], [EMAIL PROTECTED]
Subject: Libby Still Guilty But Escapes from Prison With Help of Co-
Conspirator Bush
http://www.forbes.com/feeds/ap/2007/07/03/ap3879970.html
Carl Tobias, a law professor at the University of Richmond, said
Bush's decision to commute Libby's sentence stands in stark
contrast to his behavior until now, during his first 6 1/2 years in
office.
During that period, Tobias said, Bush was extremely circumspect in
issuing pardons and commuting sentences, using strict standards and
doing it relatively rarely.
Bush bypasses usual process
in commuting Libby's term
President Bush has voided the prison sentence for former [Cheney]
aide 'Scooter' Libby, who was convicted of perjury and obstruction
of justice in the CIA leak case
BY RON HUTCHESON
http://www.miamiherald.com/509/story/158674.html
WASHINGTON -- Risking a political backlash, President Bush threw
out the 2 ½-year prison sentence for former White House aide I.
Lewis ''Scooter'' Libby on Monday, but he stopped short of giving
him a full pardon.
The commutation pleased Libby's conservative allies, but Democrats
accused Bush of trampling the rule of law. Libby, who was
convicted of perjury and obstruction of justice in the CIA leak
case, still faces a $250,000 fine and two years of probation.
Unlike a pardon, a commutation does not forgive the underlying
offense.
''I respect the jury's verdict. But I have concluded that the
prison sentence given to Mr. Libby is excessive,'' Bush said. The
president spared Libby hours after a federal appellate court
refused to let Libby remain free while he appealed his conviction.
Bush ignored the usual process for commutations, which calls for
the Justice Department to review the case after the felon reports
to prison.
The [Justice] Department's guidelines say that commuting a sentence
is ``an extraordinary remedy that is rarely granted.''
CONDONING LEAK
Democrats expressed outrage.
''Until now, it appeared that the president merely turned a blind
eye to a high-ranking administration official leaking classified
information. The president's action today makes it clear that he
condones such activity,'' said Rep. John Conyers, D-Mich., the
chairman of the House Judiciary Committee. ``This decision is
inconsistent with the rule of law and sends a horrible signal to
the American people and our intelligence operatives who place their
lives at risk every day.''
Republicans who had called for a full pardon welcomed Bush's
decision to ease the punishment. The president could still pardon
Libby if his appeals fail.
''The betting line has to be that the president will pardon Scooter
Libby on his last day in office,'' Republican commentator Rich
Galen said. ``I thought he should have pardoned him last January,
before the trial.''
Still, it wasn't clear whether the commutation would have much
political impact. Some analysts predicted that the decision simply
reinforced well-established opinions about the president. Critics
have another reason to dislike him. Admirers have another reason to
support him.
''It's a way for him to unite the troops -- his political allies or
people who should be his political allies,'' said Dennis Goldford,
a political science professor at Drake University in Des Moines.
Bush acknowledged the seriousness of the charges against Libby, who
was convicted of lying to investigators trying to determine who
leaked the identity of CIA officer Valerie Plame. Plame and her
husband, former Ambassador Joseph Wilson, contend that she was
exposed in retaliation for his criticism of the Iraq War.
REPEATEDLY LIED
Testimony in the case showed that Libby wasn't the original leaker,
but he did discuss Plame's CIA ties with reporters. The judge and
the jury agreed with prosecutors that he lied repeatedly to
investigators.
''If a person does not tell the truth, particularly if he serves in
government and holds the public trust, he must be held
accountable,'' Bush said. ``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 . . . is
forever damaged. His wife and young children have also suffered
immensely.''
Bush had vowed at the start of the investigation in 2003 to take a
hard line against anyone involved in the leak. He ordered his staff
to cooperate with investigators and threatened to fire the leaker.
''If there is a leak out of my administration, I want to know who
it is. And if the person has violated law, the person will be taken
care of,'' he said then. ``I want to know the truth.''
And he has repeatedly refused to discuss the possibility of a pardon.
Vice President Dick Cheney, Libby's chief benefactor in the White
House, issued a statement praising Libby, without commenting
directly on the commutation. He called Libby, who served as his
chief of staff, a person of integrity.
Federal prosecutor Patrick Fitzgerald had argued for a stiff prison
sentence for the defendant.
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