posted by Damozel |
Well, well. Bush didn't exactly pardon Libby, but he did decide that Libby's prison term of 30 months was "excessive." So he sliced that baby right down the middle, doubtless ensuring that he will end up pleasing nobody. "Mr. Bush left intact a $250,000 fine and two years probation for Mr. Libby, and Mr. Bush said his action still "leaves in place a harsh punishment for Mr. Libby." (The Wall Street Journal)
As far as I'm concerned it's the least he could do for Cheney's pet scapegoat. Was it also the most? The WSJ law blog pointed me to this article from the Washington Post in which William Otis argues "the case for commutation." (The Washington Post)
Anyway, it's always fascinating to see one branch play "scissors" to another's "paper." And it's actually kind of a tradition for Republicans to pardon their own (Exh. A; Exh. B), which W didn't do. (As The New York Times helpfully explains, "Like a pardon, a commutation is a form of clemency, granted to the president by the Constitution. But a pardon is an official act of forgiveness, whereas a commutation simply reduces the penalty, without making an official judgment of forgiveness." Many conservatives were asking for a full pardon. (NYT).)
But half a loaf is better than no bread. Presumably Libby and his family will feel the right sort of gratitude.
WSJ blawgger Peter Lattman asked UNC law professor, Eric Muller, who Lattman says differed sharply with Otis's case for commutation "guffawed" when he got the news. “It is very difficult to reconcile the commutation of a sentence that was chosen from within the sentencing guidelines range for this sort of offense for this kind of offender,” said Muller. “It’s a little bit bizarre to hear this kind of announcement from someone who is supposed to be a law-and-order president.” (WSJ Law Blog)
The comments to the WSJ blawg are well worth a look. ( WSJ Law Blog) "Great. Watch liberal heads exploding everywhere," says the first. I wonder if this is perhaps a bit imperceptive; most liberals I know totally expected Bush to pardon Libby and in fact considered it a foregone conclusion.. (Foiled again,!) Of course the heads of those who expected it may may explode all the same, just for the sheer purgative necessity of it.)
My own colleague, the Crux (not a liberal or a conservative) though a bit of stickler for "the rule of law," actually offered Bush some useful guidance at about the same time as William Otis. She helpfully suggested that the president wait till Thanksgiving, when people are feeling charitable. Sadly, Bush didn't have the option since earlier today the judge ordered Libby to go directly to jail.without even passing "Go." (The Washington Post)
Anyway, I like the idea of a president who is all about the clemency. Here's what he had to say for himself.
Mr. Libby was sentenced to 30 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....
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 Wall Street Journal)
I don't know about you, but I'm sure that Libby has suffered enough. After all, a high level official or successful professional has a lot more to lose than just anyone, yes? Reputation! Fines! Felony records! Probation! Suffering family, including young children! Any punishment is automatically much worse for people like him than for the rest of us because he has so much more to lose. Why can't we learn to accept that? He doesn't need jail time on top of all the rest of it; he's already! forever damaged. What more do people want from him, blood? But Paris Hilton ruins everything.
Of course, spoilsport Senator John Conyers (D-MI) promptly poured a gallon of ice-cold water all over Bush's act of clemency.
[U]ntil 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. 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 everyday."(The Washington Post)
And Senate Majority Leader Harry Reid was ice-cold as well.
"[T]he President's decision to commute Mr. Libby's sentence is disgraceful. Libby's conviction was the one faint glimmer of accountability for White House efforts to manipulate intelligence and silence critics of the Iraq war. Now, even that small bit of justice has been undone."(The Washington Post)
But lovable Fred Thompson was all aglow with good cheer for Libby and his family. (The Washington Post) He wanted a full pardon for "Scooter," but respects the president's decision. That's so sweet.
Speaking as a Dem myself, I'm thinking that Bush should have just pardoned Libby, period. There ought to be some compensations for his having achieved such a low ebb in popularity; after all, it's not likely that he'll become that much more unpopular. It's not as if his detractors are going to forgive him any more readily for this than for that. I wonder why he didn't?....oh, yes: Paris Hilton.
If you think I'm being more than a touch sarcastic, you're wrong. I'm a soppy, bleeding heart liberal; I don't like to see anyone punished more than is absolutely necessary to protect the public and uphold the law, ever, even if they deserve it. I hate to see even the deserving suffer, since justice invariably hurts not only the guilty person but the guilty person's innocent friends and family.
I just wish Bush had extended his love of clemency to certain other convicted criminals (and their families) when asked to do so. But perhaps he felt that they hadn't been damaged enough.
UPDATE FROM WONKETTE:
Number of pardons Bush has granted:
113, less than any president in a century.
Number of pardons Bush has denied:
More than 1,000.
Number of commutation requests Bush has denied:
More than 4,000.
LINKED, QUOTED, OR CITED
CURRENT SOURCES
- Amy Goldstein, Bush Commutes Libby's Sentence (The Washington Post)
- Bush Spares Libby From Prison Term (The Wall Street Journal)
- Bush Statement on Libby Order Commuting his Sentence (The Wall Street Journal)
- Peter Lattman, Bush Spares Scooter Libby from Prision (WSJ Law Blog)
- Bush Commutes Libby's Sentence (NYT)
- Wonkette, Happy Almost Fourth of July, Losers! (Wonkette)
- William Otis, Neither Prison Nor Pardon (The Washington Post)
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