Bush commutes Libby's sentence

[gunns]

Just heard it on the radio.

[gunns]

WASHINGTON (CNN) -- President Bush has commuted the prison term of former White House aide I. Lewis "Scooter" Libby, facing 30 months in prison after a federal court convicted him of perjury, obstruction of justice and lying to investigators.




Earlier Monday, a federal appeals court unanimously ruled that Libby could not delay his sentence.

The charges relate to the 2003 leak of CIA operative Valerie Plame's identity.

Libby was only weeks away from surrendering to a prison.

Bush was under great pressure by Libby allies to pardon the former chief of staff to Vice President Dick Cheney.

In a written statement issued hours after that ruling, Bush called the sentence "excessive." But he also rejected calls for a pardon for Libby.

"The consequences of his felony conviction on his former life as a lawyer, public servant, and private citizen will be long-lasting," Bush said.

But he said Libby was given "a harsh sentence based in part on allegations never presented to the jury."

Libby was the highest-ranking White House official ordered to prison since the Iran-Contra affair.

The conviction remains on Libby's record and he still has to pay a $250,000 fine.

Commutations are rarely granted. A commutation is a total right of the president and it cannot be challenged by any attorney or court.

It means that Libby will still have the conviction on his record -- unless he is able to overturn it on appeal, which he will likely continue to pursue.

A pardon is a complete eradication of a conviction record, making it appear as if the person has never been convicted. It's possible that Bush could still grant Libby a full pardon.

[Spider]

color me shocked as hell ROFL!

[spdirty]

About damn time.

[L.A. BRONCOS FAN]

The message that is being sent by this commutation is that Bush and his cronies can violate any law that they choose and commit any crime they wish and then subsequently absolve themselves from any penalties connected with it.

Lots of wingnuts are complaining that Bush should have given Scooter a full pardon instead of a commutation. Commutation is a clever legal strategy. Libby won't have to pay a penny of the $250,000 fine. His defense fund will take care of that. The DoJ isn't likely to supervise his probation very closely. He'll be as free as the breeze. However, if Bush had pardoned Libby, he could no longer claim 5th Amendment protection on any matter related to this case. He would have been called before Congress tomorrow and had to spill his guts, or face contempt charges. Commutation means that he still has his appeal rights and can keep his mouth shut while that process winds slowly, slowly, through the courts. In early January, 2008, Bush will give Libby a full pardon. Wait for it.

http://www.bartcop.com/bfee-family-portrait-smaller.jpg

[Bronco Bob]

About damn time.

So when is Bush going to commute the sentences of those two border agents?

[L.A. BRONCOS FAN]

Sort of deja vu here.

This Libby commutation (full pardon on 12/31/08?) is reminiscent of 12/31/92 when Poppy Bush pardoned Weinberger and the other Iran-Contra crooks whose testimony could have sent him and Red Ink Ron to the slammer.

The apple doesn't fall far from the tree...

http://www.bartcop.com/mickey-edwards-quote.jpg

[Play2win]

I was just going to say doesn't "SCOOTER" Libby remind you of "OLLIE" North...

[spdirty]

So when is Bush going to commute the sentences of those two border agents?

Thought about that today. Doubt he will, given his agenda and the fact that he (in my opinion) despises what the border agents do. They shouldve been given a full pardon the day they were sentenced. Hell, they shouldve been given a medal instead of a prison sentence.

Hell, I bet that because of what happened to those 2, most border agents now are just doing their time, out of fear from the repercussions that would come from actually doing their job. And I wouldnt blame em one damn bit either.

Just despicable how our brave border agents and brave troops are shlt on.

[gunns]

Lots of wingnuts are complaining that Bush should have given Scooter a full pardon instead of a commutation. Commutation is a clever legal strategy. Libby won't have to pay a penny of the $250,000 fine. His defense fund will take care of that. The DoJ isn't likely to supervise his probation very closely. He'll be as free as the breeze. However, if Bush had pardoned Libby, he could no longer claim 5th Amendment protection on any matter related to this case. He would have been called before Congress tomorrow and had to spill his guts, or face contempt charges. Commutation means that he still has his appeal rights and can keep his mouth shut while that process winds slowly, slowly, through the courts. In early January, 2008, Bush will give Libby a full pardon. Wait for it.


Bush won't rule out full Libby pardon

By BEN FELLER
Associated Press Writer

WASHINGTON (AP) -- President Bush on Tuesday refused to rule out an eventual pardon for I. Lewis "Scooter" Libby, leaving open the chance he may wipe away the former White House aide's criminal record after already erasing his prison sentence.

"I rule nothing in or nothing out," Bush said when asked about whether he might pardon Libby before leaving office in January 2009.

The president's stance, on one level, was merely practical. When he commuted Libby's 2 1/2-year prison term in the CIA leak case on Monday, a court ruling had made jail time imminent. Bush has plenty of time to consider a pardon, depending on how Libby's appeals go.

Bush's words had political significance, too. By keeping his options open, he offered hope to the conservative members of his own party who believe he should go further in pardoning Libby. He also kept alive a controversy that could follow him to the last day of his presidency.

Libby, who once wielded enormous influence as chief of staff to Vice President Dick Cheney, was convicted of lying and obstructing justice in a probe into the leak of a CIA operative's identity. The long-running case meant the end of Libby's government career and dovetailed with the broader troubles of Bush's second term in office.

Bush abruptly commuted Libby's prison sentence - an unusual step, given that it had not yet begun - five hours after a federal appeals court panel ruled that Libby could not delay his prison term. Bush left intact the sentence of two years probation and a $250,000 fine, citing a need for some accountability.

In his first public comments on the matter on Tuesday, Bush defended his rationale.

"I felt like the jury verdict ought to stand, and I felt like some of the punishments that the judge determined were adequate should stand," Bush said after visiting wounded soldiers at the Walter Reed Army Medical Center. "But I felt like the 30-month sentencing was severe."

"I made a judgment, a considered judgment," the president added. "I stand by it."

Bush took heat from the left and the right.

The conservative Wall Street Journal editorial page said Bush's unwillingness to pardon Libby was "another profile in non-courage."

On the other side, Sen. Chuck Schumer, D-N.Y., said of the prospect of eventual pardon for Libby: "The motto of this administration seems to be: When you're in a hole up to your neck, keep digging."

Unlike the commutation, a pardon would wipe away Libby's felony conviction.

White House officials cautioned against reading too much into Bush's comment that he wouldn't rule out a pardon. Spokesman Tony Snow - directly addressing those arguing for a pardon - said the jury system must be respected.

The commutation created confusion about whether Libby could still serve his two-year term of supervised release - a form of probation available only to people who have completed their prison term. U.S. District Judge Reggie B. Walton ordered prosecutors and attorneys to suggest how to continue.

Under supervised release, Libby would have to submit written reports to probation officers each month and secure full-time employment. He would be prohibited from traveling without permission.

Libby is not yet eligible to apply for a pardon under the Justice Department's guidelines. Criminals must wait at least five years after completing their sentences before they can apply for presidential pardons, although Bush could unilaterally issue him one.

Some lawyers said Bush's statement about Libby's harsh sentence showed that the administration was out of touch with today's federal sentencing guidelines. People like Libby - first-time, nonviolent offenders - receive lengthy sentences every day, they said.

"This was a very common sentence, not a startling sentence," said former federal prosecutor Scott L. Fredericksen, who has served under ever president since Ronald Reagan.

Defense attorney and former prosecutor E. Lawrence Barcella noted that politicians keep making sentencing guidelines stricter. "Nothing turns a conservative into a liberal faster than a conviction. It's amazing how quickly they actually start thinking about people's civil liberties," he said.

Three of every four people convicted of obstruction of justice have been sent to prison over the past two years, a total of 283 people, according to federal judiciary data. The average term was more than five years. The largest group of defendants were sentenced to between 13 and 31 months in prison, exactly where Libby would have fallen on the charts.

Libby, 56, is the only person charged in the leak scandal, which erupted after CIA operative Valerie Plame's identity was revealed in a 2003 syndicated newspaper column. Libby was not the source for that leak and neither of the two Bush administration officials who provided the information were ever charged.

Left open is whether Bush will pardon Libby on his way out the door.

"To do a pardon at the moment in which the president is the least accountable of his entire term - that's problematic," said Brian Kalt, a law professor who studies presidential pardons at Michigan State University. "It's also very tempting, which is why it has happened."

President Clinton pardoned 140 people on his last day in office, including fugitive financier Marc Rich - whose lawyer was Libby.

On Christmas Eve in 1992, just before he left office, the first President Bush pardoned former Defense Secretary Caspar Weinberger and a CIA official as they awaited trial on Iran-Contra charges, as well as four other administration officials who had pleaded or been found guilty in the affair

[L.A. BRONCOS FAN]

Bush won't rule out full Libby pardon



Look for Junior to pardon Libby the same way Poppy pardoned Weinberger and the Iran-Contra felons: on Xmas eve when no one is paying attention.

It's the Bush family way.

[spdirty]

Look for Junior to pardon Libby the same way Poppy pardoned Weinberger and the Iran-Contra felons: on Xmas eve when no one is paying attention.

It's the Bush family way.

ROFL! yeah but your girl's hubby never would do anything like that.

[L.A. BRONCOS FAN]

ROFL! yeah but your girl's hubby never would do anything like that.

If you are referring to WJC, then you're correct.

Clinton never commuted the sentence of a perjurer who was convicted for obstructing an investigation of a high crime committed by someone in his administration.

[spdirty]

If you are referring to WJC, then you're correct.

I was referring to the night before Bush was inaugurated

Clinton never commuted the sentence of a perjurer who was convicted for obstructing an investigation of a high crime committed by someone in his administration.

He pardoned plenty of scumbags.

[L.A. BRONCOS FAN]

I was referring to the night before Bush was inaugurated

What are you talking about? ???

He pardoned plenty of scumbags.

As all presidents do. It's part of the job.

Why were they pardoned?

Do you know the facts and circumstances behind each case?

And, most important, how does this justify what Bush just did?

[spdirty]

What are you talking about? ???

http://archives.cnn.com/2001/ALLPOLITICS/stories/01/20/clinton.pardon/index.html

Nothing to see here, everything was on the up and up.

[L.A. BRONCOS FAN]

http://archives.cnn.com/2001/ALLPOLITICS/stories/01/20/clinton.pardon/index.html

Nothing to see here, everything was on the up and up.

How does anything here compare to what Bush just did?

Better yet, how does it justify what Bush just did?

[spdirty]

How does anything here compare to what Bush just did?

Better yet, how does it justify what Bush just did?

Well, you were whining about how Bush will probably pardon Libby on X-Mas eve like 41 did with Cap and I was just making a simple humble observation about how funny it was that you left out your girl's hubby and all of his last minute pardons.

[L.A. BRONCOS FAN]

Well, you were whining about how Bush will probably pardon Libby on X-Mas eve like 41 did with Cap and I was just making a simple humble observation about how funny it was that you left out your girl's hubby and all of his last minute pardons.

But you neglected to explain (a) how this justifies what GeeDubya just did, and (b) how any of Clinton's pardons (the facts and circumstances of which you have nothing even remotely resembling a comprehensive understanding, I presume) compare to what Junior just did (or what Poppy did.)

[spdirty]

But you neglected to explain (a) how this justifies what GeeDubya just did, and

Not justifying it. Changed my mind about the commute since last night. Mainly since, if Libby was convicted of lieing, and obstructing justice, he wouldve had 30 months in a white collar minimum sec prison. Not a big deal compared to the 2 that were absolutely railroaded and won't get a sniff of a pardon, unless Tancredo is elected (I have a better chance at hitting the powerball)


(b) how any of Clinton's pardons (the facts and circumstances of which you have nothing even remotely resembling a comprehensive understanding, I presume) compare to what Junior just did (or what Poppy did.)

140 pardons on his last night. I'm sure Clinton did plenty of research on their cases. Especially this one.

http://www.wsws.org/articles/2001/feb2001/rich-f21.shtml
Rich's ex-wife Denise, a major contributor to the Democratic Party and the Clinton Presidential Library, also played a significant role, making personal appeals to Clinton in the waning days of his administration.

[Bronco Bob]

140 pardons on his last night. I'm sure Clinton did plenty of research on their cases. Especially this one.

http://www.wsws.org/articles/2001/feb2001/rich-f21.shtml
Rich's ex-wife Denise, a major contributor to the Democratic Party and the Clinton Presidential Library, also played a significant role, making personal appeals to Clinton in the waning days of his administration.

The difference with Clinton is he did it while he was leaving office so
there would have been no consequences to him if he hadn't pardoned
them. With Bush, Bush is still in office and will be until January 2008,
so by commuting Libby's sentence it removes any incentive for Libby
to testify against Bush or Cheney. Basically Clinton did it because
he could, Bush did it not only because he could but because it could
save him and Cheney's neck. Libby got convicted for obstructing justice,
and now Bush is obstructing justice by commuting Libby's sentence.

[L.A. BRONCOS FAN]

140 pardons on his last night. I'm sure Clinton did plenty of research on their cases. Especially this one.

http://www.wsws.org/articles/2001/feb2001/rich-f21.shtml
Rich's ex-wife Denise, a major contributor to the Democratic Party and the Clinton Presidential Library, also played a significant role, making personal appeals to Clinton in the waning days of his administration.

My point is this:

Even if the worst suppositions were true about Clinton and the Rich pardon, it still doesn't even begin to compare to the case of a president who commutes the sentence of a member of his own administration who was convicted for obstructing an investigation of a high crime committed by someone in his administration.

Wouldn't you agree?

[spdirty]

My point is this:

Even if the worst suppositions were true about Clinton and the Rich pardon, it still doesn't even begin to compare to the case of a president who commutes the sentence of a member of his own administration who was convicted for obstructing an investigation of a high crime committed by someone in his administration.

Wouldn't you agree?

whoa whoa, hold on a minute...are you saying that the Rich pardon was a scumbag move?

[L.A. BRONCOS FAN]

With Bush, Bush is still in office and will be until January 2008,
so by commuting Libby's sentence it removes any incentive for Libby
to testify against Bush or Cheney.

That's a good point.

Had Bush pardoned Libby, then Libby could no longer have claimed 5th Amendment protection on any matter related to this case. He would have been called before Congress and would have had to spill his guts or face contempt charges. Commutation means that he still has his appeal rights and can keep his mouth shut while that process winds slowly, slowly, through the courts.

In early January, 2009, look for Bush to give Libby a full pardon.

[L.A. BRONCOS FAN]

whoa whoa, hold on a minute...are you saying that the Rich pardon was a scumbag move?

I'm saying that even if it was the sort of scumbag move you believe it was, it still doesn't begin to compare to what Bush just did.

Wouldn't you agree?

[spdirty]

The difference with Clinton is he did it while he was leaving office so
there would have been no consequences to him if he hadn't pardoned
them. With Bush, Bush is still in office and will be until January 2008,
so by commuting Libby's sentence it removes any incentive for Libby
to testify against Bush or Cheney. Basically Clinton did it because
he could, Bush did it not only because he could but because it could
save him and Cheney's neck. Libby got convicted for obstructing justice,
and now Bush is obstructing justice by commuting Libby's sentence.

Thats a pretty well thought out take but I disagree. I think that the timing of the commute clearly indicated that Bush simply didn't want Libby to do any time in prison.

[spdirty]

That's a good point.

Had Bush pardoned Libby, then Libby could no longer have claimed 5th Amendment protection on any matter related to this case. He would have been called before Congress and would have had to spill his guts or face contempt charges. Commutation means that he still has his appeal rights and can keep his mouth shut while that process winds slowly, slowly, through the courts.

In early January, 2009, look for Bush to give Libby a full pardon.

Interesting.

[L.A. BRONCOS FAN]

Interesting.

Yeah, I guess you have to credit the Bush Crime Family with one thing:

When it comes to a scandal, they have made CYA a veritable art form.

But hey - they have lots of experience in that arena. ;)

:D

[BroncoBuff]

Just heard it on the radio.

I've been able to piece alot of this thing together from the newspaper and MSNBC.

Here goes:
1. A commutation instead of a pardon means that as long as the appeal lives, he can invoke 5th Amendment to Wilson/Plame's civil lawyers.
2. Libby cannot invoke the 5th to Congress, because they will grant his 'use immunity' like they gave Monica Goodling.
3. Libby's attorneys were charged up early in the trial to call Cheney as a witness, and fight the case tooth and nail ... but somewhere along the line - quite abruptly - they went into the turtle defense, and basically strolled right into conviction.
4. That abrupt turnabout gives the distinct impression of a quid pro quo deal having been made.
5. The theory of a deal was given support when Bush announced the commutation clumsily during the 'Lobster Summit' with Putin. Why the bad timing? The Court of Appeals ruled Monday afternoon that Libby could not stay the prison poart of his sentence pending appeal.
6. Bush has granted the fewest pardons/commutations/clemencies of any president in over 100 years ... there has been international outcry over his harch sentences as governor of Texas and as president.


Joe Wilson is ON FIRE since this was announced! He is a fire-breathing MACHINE ... if you get a chance to hear him comment on it, please do. He really rips them a new one.

.

[BroncoBuff]

Yeah - LABF got it right. But the 5th Amendment protection is more applicable to the Joe Wilson/Valerie Plame civil lawsuit. Congress could easily grant him "use immunity" like they did Monica Goodling, and have offered Sarah Hughes.









(Be honest guys ... didn't you just wanna nail Goodling? I know I did.)

[L.A. BRONCOS FAN]

I've been able to piece alot of this thing together from the newspaper and MSNBC.

Here goes:
1. A commutation instead of a pardon means that as long as the appeal lives, he can invoke 5th Amendment to Wilson/Plame's civil lawyers.
2. Libby cannot invoke the 5th to Congress, because they will grant his 'use immunity'
3. Libby's attorneys were charged up early in the trial to call Cheney as a witness, and fight the case tooth and nail ... but somewhere along the line - quite abruptly - they went into the turtle defense, and basically strolled right into conviction.
4. That abrupt turnabout gives the distinct impression of a quid pro quo deal having been made.
5. The theory of a deal was given support when Bush announced the commutation clumsily during the 'Lobster Summit' with Putin. What the bad timing? The Court of Appeals ruled Monday afternoon that Libby could not stay the prison poart of his sentence pending appeal.
6. Bush has granted the fewest pardons/commutations/clemencies of any president in over 100 years ... there has been international outcry over his harch sentences as governor of Texas and as president.


Joe Wilson is ON FIRE since this was announced! He is a fire-breathing MACHINE ... if you get a chance to hear him comment on it, please do. He really rips them a new one.

.

Bingo.

I think you nailed it. :thumbsup:

[L.A. BRONCOS FAN]

Yeah - LABF got it right. But the 5th Amendment protection is more applicable to the Joe Wilson/Valerie Plame civil lawsuit. Congress could easily grant him "use immunity" like they did Monica Goodling, and have offered Sarah Hughes.

I just thought of something:

Didn't Bush promise he would not considering pardoning or commuting the sentence of Scooter Libby until after the appeals process was completed?

If so, then Bush is a liar as well (not that this is anything new.)

[L.A. BRONCOS FAN]

Joe Wilson is ON FIRE since this was announced! He is a fire-breathing MACHINE ... if you get a chance to hear him comment on it, please do. He really rips them a new one.



"Bush has stepped in to short circuit the rule of law and the system of justice in our country. In so doing, he has acknowledged Mr. Libby's guilt for, among other things, obstruction of justice, which by definition is covering up for somebody in a crime. By commuting his sentence, he has brought himself and his office into reasonable suspicion of participation in an obstruction of justice. The commutation of (Libby's) sentence in and of itself is participation in obstruction of justice."

- Joseph Wilson

http://www.tpmmuckraker.com/archives/003585.php

^5 Joe!

[BroncoBuff]

I just thought of something:

Didn't Bush promise he would not considering pardoning or commuting the sentence of Scooter Libby until after the appeals process was completed?

If so, then Bush is a liar as well (not that this is anything new.)

I seem to remember that ... I know they're very fond of saying "let the process take its course," and "we will not comment on an ongoing suit."

[L.A. BRONCOS FAN]

Just another obstruction of justice

Rather than serving time in jail, Libby will remain free, with a fine and probation as the only remaining punishments for lying and obstructing a criminal investigation. But the real effect of Bush's actions is to prevent Libby from revealing the truth about Bush's - and Cheney's - own actions in the leak. By commuting Libby's sentence, Bush protected himself and Cheney from potential criminal exposure for their actions in the CIA Leak. As such, Libby's commutation is nothing short of another obstruction of justice.

http://commentisfree.guardian.co.uk/marcy_wheeler/2007/07/libby_sentence_again.html

http://www.bartcop.com/libby-dummies.jpg