July 2, 2007
LIBBY'S SENTENCE COMMUTED....Breaking:
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.
"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," Bush said in a statement. "I respect the jury's verdict. But I have concluded that the prison sentence given to Mr. Libby is excessive."
TPMM has the full White House statement.
Remember a month ago when the White House insisted that the president was "not going to intervene"? That's no longer operative.
—Steve Benen 6:09 PM
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I wonder what the Democrats in Washington are going to say about this. Reid? Pelosi?
Posted by: Joe Klein's conscience on July 2, 2007 at 6:10 PM | PERMALINK
He He He. F the rule of law! I can get away with anything Cheney wants.
Posted by: the commuter on July 2, 2007 at 6:11 PM | PERMALINK
Poor Paris.
Posted by: ogmb on July 2, 2007 at 6:11 PM | PERMALINK
So, how about showing some bi-partisanship, Mr. President, and commute the 7-year sentence of former Alabama Governor Siegelman, who Karl Rove personally sought to have prosecuted?
After all, a little corruption can't be worse than aiding and abetting treason in support of a failed intelligence program that got us into a war with no good end.
Posted by: pj in jesusland on July 2, 2007 at 6:12 PM | PERMALINK
I suppose the obvious question is,
if one president can commute a sentence, can another president un-commute it?
Posted by: cld on July 2, 2007 at 6:13 PM | PERMALINK
At least Barbara taught George how to treat the help right.
Posted by: David Siegel on July 2, 2007 at 6:13 PM | PERMALINK
The Decider = The Dictator
Posted by: TR on July 2, 2007 at 6:13 PM | PERMALINK
Good to see the Code of Omerta is alive and well in Washington.
The Rule of Law is only for Democrats anyway....
Posted by: GOPNemesis on July 2, 2007 at 6:13 PM | PERMALINK
I guess Democrats are held to higher legal standards. That is our cross to bear.
Posted by: pj in jesusland on July 2, 2007 at 6:17 PM | PERMALINK
Well, Bush has essentially commuted Osama bin Laden's sentence by forgetting him so it only makes sense that he give Libby a break too. I mean, shit -- how does a little lying and obstruction of justice and more lying and the undoing of a covert agent working on the proliferation of WMD's compare with a guy who murdered almost 3000 Americans?
I'm sure Bush thinks Libby deserves the Medal of Freedom by comparison.
Posted by: trex on July 2, 2007 at 6:18 PM | PERMALINK
Remember, people: paying for crimes is for the little people (i.e. Democrats). The really important people should never have to serve time, because that is just SO below them....
Posted by: Kryptik on July 2, 2007 at 6:20 PM | PERMALINK
Sorry, wrong thread.
Posted by: cld on July 2, 2007 at 6:21 PM | PERMALINK
Mission accomplished!
Are we sure Bush even has the authority to pardon someone who did not work for any of the three recognized branches of government?
Surely this latest outrage will be sufficient to start impeachment proceedings... (oh, right, congressional Democrats aren't invertebrates)
The only way we'll see an impeachment is if Bush is caught on video in bed with a dead girl or live boy (with Republicans leading the charge).
Cancel your 4th of July plans. There's no sense in celebrating the Declaration of Independence when the rule of law and Constitution are no longer in effect.
All hail King George!
Posted by: Augustus on July 2, 2007 at 6:22 PM | PERMALINK
WH closed the phone comment line.
It'll be interesting to see what happens to his poll numbers.
Posted by: bleh on July 2, 2007 at 6:23 PM | PERMALINK
I hope any Democratic commentators have the sense to stay off the "no fair! This is wrong!" message, and to stay on the message that we could hardly expect any better of Bush.
"This president has demonstrated repeatedly that he doesn't care about the rule of law, so why wouldn't he commute the sentence of a convicted liar who helped cover up a treasonous act that endangered national security?"
No whining, Democrats. It just doesn't play.
Posted by: Wally on July 2, 2007 at 6:27 PM | PERMALINK
What statute gives the President the power to commute a sentence?
I see Pardon in the Constitution, I don't see the word 'commute'.
Posted by: cld on July 2, 2007 at 6:30 PM | PERMALINK
He's not my President. He's not my fellow citizen. He's an enemy of the Constitution, and undeserving of any of its protections.
What an utter and profound disgrace.
Posted by: lampwick on July 2, 2007 at 6:31 PM | PERMALINK
If he can commute a sentence would he then not be able to overturn or ignore any court ruling at all?
Say, subpoenas?
Posted by: cld on July 2, 2007 at 6:32 PM | PERMALINK
What Wally said: no outrage, just contempt for the Bushies. Might as well get it out in the open that no one expects Republicans to be honest or ethical.
Posted by: latts on July 2, 2007 at 6:33 PM | PERMALINK
Call your congressman NOW. THey all have staff taking messages. GET CHENEY IMPEACHED!!!
Posted by: POed Lib on July 2, 2007 at 6:34 PM | PERMALINK
It'll be interesting to see what happens to his poll numbers.
If anything they'll go up. He's already at zero support with anybody but his hardcore base, and he's been pissing them off with his immigration reform proposals. So the commutation is just red meat for the base.
Posted by: ogmb on July 2, 2007 at 6:34 PM | PERMALINK
Bad news from a truth-and-justice perspective, but slightly positive news if hope to see the Republicans driven from power. This interference in the justice system won't sit well with independents.
Posted by: Fred on July 2, 2007 at 6:38 PM | PERMALINK
Bush has thrown down the gauntlet.
Sen. Leahy and the Senate Judiciary Committee shouldn't hold anything back at this point.
Posted by: pj in jesusland on July 2, 2007 at 6:38 PM | PERMALINK
Bush refuses to pay any attention to the rule of law.
A good opportunity for the rule of law to sneak up and kick him in the balls.
Failing which, he ought to be impeached.
Posted by: lampwick on July 2, 2007 at 6:40 PM | PERMALINK
cld: What statute gives the President the power to commute a sentence?
I can't provide citations at the moment, but the President's power to commute is well established; Bush isn't the first to exercise it.
Posted by: has407 on July 2, 2007 at 6:49 PM | PERMALINK
From tpm, the DOJ Manual on Commutations,
Section 1-2.113 Standards for Considering Commutation Petitions
A commutation of sentence reduces the period of incarceration; it does not imply forgiveness of the underlying offense, but simply remits a portion of the punishment. It has no effect upon the underlying conviction and does not necessarily reflect upon the fairness of the sentence originally imposed. Requests for commutation generally are not accepted unless and until a person has begun serving that sentence. Nor are commutation requests generally accepted from persons who are presently challenging their convictions or sentences through appeal or other court proceeding.
Posted by: cld on July 2, 2007 at 6:50 PM | PERMALINK
Bad news from a truth-and-justice perspective, but slightly positive news if hope to see the Republicans driven from power.
As disgusted as I am with this commutation, I mostly agree with your assessment.
Bush has provided one more, very important data point that the public can understand regarding the contempt in which Bush and the Republicans hold the rule of law.
There's the politicization of the Attorney Generals. There's the obvious lying to Congress. There's the stonewalling in the Attorney General case.
And now there's the obviously self-interested commutation of a Bush WH insider for perjury he committed in consequence of his doing the dirty business of the WH.
There's a pattern of behavior here, and a WH that has already zero credibility to fall back on.
If Bush wanted to convince the doubtful that he is the worst President in history, he's settled on just the right sort of move.
Posted by: frankly0 on July 2, 2007 at 6:51 PM | PERMALINK
The prosecutor was seeking to use incarceration as leverage to get the truth from Libby. From the reasons in Article 1 of the Nixon Articles of Imoeachment:
9. endeavouring to cause prospective defendants, and individuals duly tried and convicted, to expect favoured treatment and consideration in return for their silence or false testimony, or rewarding individuals for their silence or false testimony.
Posted by: Doug Berg on July 2, 2007 at 6:53 PM | PERMALINK
cld,
What statute gives the President the power to commute a sentence?
I see Pardon in the Constitution, I don't see the word 'commute'.
that is a great point that I can't wait to bring up with wingnuts. Especially ones that I know love to throw out the "where does it say 'privacy' in the constitution". talk about a tiny sliver of silver lining in these clouds, though.
Posted by: Edo on July 2, 2007 at 6:53 PM | PERMALINK
Look on the bright side. Libby is on two-year probation. Do you know how hard it's gonna be for him not to commit treason again during that time?
That type of crime has a high recidivism rate -- just look at Bush and Cheney. He's bound to try it again, and when he does....
Posted by: trex on July 2, 2007 at 6:54 PM | PERMALINK
lampwick >"...A good opportunity for the rule of law to sneak up and kick him in the balls..."
Uh, that would be impeachment followed by a trial in The Hague
*sigh*
"If you don't deal with reality, reality will deal with you" - C.J. Campbell
Posted by: daCascadian on July 2, 2007 at 6:56 PM | PERMALINK
The sad thing is how insignificant this is to so many people. Scooter who...? Its a disgrace.
Posted by: Captain on July 2, 2007 at 6:58 PM | PERMALINK
Captain: sad but you are spot on.
Posted by: bob on July 2, 2007 at 7:06 PM | PERMALINK
Bush's statement today is, of course, a far cry from the sterling ethical standard he promised to uphold in the run-up to the 2000 presidential election. As you'll recall, candidate Bush presented himself as the ethical antidote to the misdeeds real and imagined of the Clinton administration. At the Republican National Convention in August 2000, Bush pompously declared:
"So when I put my hand on the Bible, I will swear to not only uphold the laws of our land, I will swear to uphold the honor and dignity of the office to which I have been elected, so help me God."
That October, then-Governor Bush introduced his soon-to-be aborted "what is right" standard of White House ethics:
"In my administration, we will ask not only what is legal but what is right. Not just what the lawyers allow, but what the public deserves."
For the full story, see:
"Neither Right Nor Legal: Bush Commutes Libby's Sentence."
Posted by: Angry One on July 2, 2007 at 7:08 PM | PERMALINK
I never noticed that quote from October 2000 before, but right there he declares his intention to ignore any law he doesn't like,
"In my administration, we will ask not only what is legal but what is right. Not just what the lawyers allow, but what the public deserves."
Posted by: cld on July 2, 2007 at 7:13 PM | PERMALINK
Some of you wondered what the Democrats would say (or, oddly, why they've been silent for all of a half-hour) -- here's a selection.
I think they sound about right.
Posted by: Jay b on July 2, 2007 at 7:14 PM | PERMALINK
Well, anyway, thank goodness he got Scooter out of prison. It's too soon for another "heart attack" and Ken Lay's island is getting crowded anyway.
Posted by: osama_been_forgotten on July 2, 2007 at 7:14 PM | PERMALINK
The reason for a commute, rather than a pardon:
The Vice President does not have pardon authority. . .
Posted by: osama_been_forgotten on July 2, 2007 at 7:21 PM | PERMALINK
Louise Slaughter put it nicely:
.... "With its decision, the Bush Administration has proven that to the very end, it is interested only in shielding its members from accountability rather than encouraging it, even when doing so comes at the direct expense of our nation’s security."
Posted by: trex on July 2, 2007 at 7:35 PM | PERMALINK
Edo -- The exact wording is:
shall have power to grant reprieves and pardons for offenses against the United States
That "reprieves and pardons" covers a lot of ground, as intepreted by the Supreme Court.
cld -- Note sec 1.11:
The regulations contained in this part are advisory only and for the internal guidance of Department of Justice personnel. They create no enforceable rights in persons applying for executive clemency, nor do they restrict the authority granted to the President under Article II, Section 2 of the Constitution.
While it may be a travesty, Bush appears to have the authority; circling that question is a distraction from what should remain the focus: justice, or the lack thereof.
Posted by: has407 on July 2, 2007 at 7:48 PM | PERMALINK
This fellow Benen mischaracterizes what was said at that briefing. Perinao did not insist that Bush would not intervene. She was vague and one could have interpreted her comments to suggest that Bush would not intervene until appeals were exhausted (wihtout specifying which appeals), but she did not really say that and she certainly did not insist or assure anyone that Bush was not going to intervene.
Posted by: brian on July 2, 2007 at 8:44 PM | PERMALINK
The commutation is from the ex-Governor of Texas who cared so much for the pain and suffering of other convicted felons. NOT!!!
He is buying "Scooter's" silence and that was part
of the "deal"!
Posted by: Goalkeeper on July 2, 2007 at 8:44 PM | PERMALINK
In unrelated news this evening, there are mysterious reports from across the country of bald eagles siezing-up in mid-flight and falling lifelessly to the ground.
Posted by: lampwick on July 2, 2007 at 8:52 PM | PERMALINK
lampwick writes: What an utter and profound disgrace.
My sentiments as well.
And I wonder how many of the commenters here talking about Dems in dismissive tones realize that Dems keep putting Republicans in jail at a much greater rate than vice versa. I hope that trend continues. Republicans deserve it. The so-called moderate Republicans are losing a lot of respect. They enable George Bush, Scooter Libby and Dick Cheney
My representative is Jeff Miller, a knee-jerk Bush supporter. A waste of time to recommend impeachment to him.
Myself, I would absolutely impeach George Bush. He’s worse than Richard Nixon. I will be contacting my Senators about this. And I will try to exercise the self-control not to punch out some Bush supporter. My brain tells me that there are more constructive things to do.
Posted by: little ole jim from red country on July 2, 2007 at 9:21 PM | PERMALINK
Holy Fucking Fuck Fuck....
Posted by: Disputo on July 2, 2007 at 9:38 PM | PERMALINK
The outrage machine is working overtime around here. I can feel the schadenfreude washing over me.
Posted by: Brian on July 3, 2007 at 4:24 AM | PERMALINK
"Silence for sale here! Get you're silence here! Its goin fast, folks. Get your Scooter Libby silence in exchange for no jail time, here! Clean hands for sale here!"
Bush's peanuts are loaded with parasites...
Posted by: Captain on July 3, 2007 at 10:54 AM | PERMALINK
Question for the legal scholars
Does the commutation keep Libby's right against self incrimination in effect? Would a pardon remove his ability to "take the 5th"?
If so this has most likely been considered and communicated to Libby "don't talk, we will take care of you" from early on. Makes Libby a great fall guy and protects the VP et al.
Posted by: TheGreatUnwashed on July 6, 2007 at 4:02 PM | PERMALINK