Does outrage over Libby have an outlet?

JD The Jazz Doctor · Grand Poobah

SCOOTER LIBBY COVERAGE

JD The Jazz Doctor · Grand Poobah

Does outrage over Libby have an outlet?

Commutation of sentence seems unlikely to have consequences for Bush

WASHINGTON - The spectacular pardon or reprieve has become a reliable end-of-presidency event. As he was about to leave office in 1992, George H.W. Bush pardoned former Defense Secretary Caspar Weinberger and other officials convicted in the Iran-contra affair.

Six years ago, during his final hours in the White House, Bill Clinton pardoned fugitive financier Marc Rich, whose ex-wife Denise had given generously to Clintons campaigns and to his presidential library.

The most famous case, President Fords pardon of former President Nixon, was a presidency-ending event in another sense it led directly to Fords defeat in the 1976 election.

President Bushs commutation of the 30-month prison sentence of former vice presidential aide Lewis Scooter Libby fit the pattern set by his predecessors.

And the reaction to these acts of clemency had a familiar ring.

Compare the arrogance of this administration's disdain for the law and its belief it operates with impunity are breathtaking to the statement that the president will never live down the arrogance of his final departure.

'Arrogance' then and now
The first arrogance quote came Monday from Democratic presidential contender Bill Richardson. The second quote came from Jim Webb, now the Democratic senator from Virginia, criticizing Clintons pardon of Rich in an opinion piece for the Wall Street Journal in 2001.

On Monday, Democratic presidential contender Sen. Joe Biden called on all Americans to flood the White House with phone calls tomorrow expressing their outrage over this blatant disregard for the rule of law.

Flooding the switchboards with outrage did seem to work last week in persuading senators to kill the immigration bill that Bush supported.

But in the Libby case, the deed, now done, can not be undone. The Constitution allows Congress no remedy, no repeal of a presidential pardon or commutation.

Not a pardon
For those members of Congress who voiced shock or disappointment Monday, it was no solace that Bush only commuted Libbys sentence.

Bush did not pardon Libby, thus making him innocent in the eyes of the law. Instead he acknowledged his offense and erased his prison sentence as excessive.

Impeachment remains a possibility, but impeachment of whom?

The impeachment movement is a house divided against itself, with some, such as Democratic presidential contender Rep. Dennis Kucinich pushing for impeachment of Vice President Cheney, while others such as Tom Hughes, head of Democracy for America, the group founded by Howard Dean, calling for impeachment of Attorney General Alberto Gonzales.

House Speaker Nancy Pelosis majority makers the two dozen freshman Democrats from Republican-leaning districts have shown no interest in the impeachment of Cheney or anyone else.

Three freshman Democrats have signed on to Kucinichs impeachment resolution, but they come from the Democratic bastions of Minneapolis, Minn., Brooklyn, N.Y., and DeKalb County, Ga.

Cheney under greater scrutiny?
Left-of-center blogger Jane Hamsher called the commutation "nothing less than obstruction of justice and the latest chapter in the criminal conspiracy that has sought to cover up the administration's tracks."

She said "the impeach Cheney impetus may be energized in the long run. During the Libby trial, (special prosecutor) Patrick Fitzgerald said there was a cloud over the Vice President that would not go away because Scooter Libby was obstructing the investigation."

She added, "Since George Bush has now ensured that Scooter Libby will not need to be forthright with the Special Counsel to avoid jail time, congressional investigation is the only recourse available to hold Dick Cheney accountable. I think that is something that the public wants and a responsibility that members of Congress should take very seriously."

Most of the reaction from Democratic congressional leaders was milder than Hamsher's, with House Democratic Leader Steny Hoyer simply calling Bush's action "very disappointing."

Libby decision hides truth, CIA operative's husband says

WASHINGTON (CNN) -- President Bush's decision to spare I. Lewis "Scooter" Libby from prison puts Bush himself under suspicion of a cover-up in the CIA leak case, the husband of the operative whose name was leaked said Tuesday

The president, by commuting Mr. Libby's sentence, has guaranteed that he will be under no incentive whatsoever to tell the truth," Joseph Wilson said on CNN's "American Morning." "I think there is a very real suspicion now that the president himself is an accessory to obstruction of justice in this matter."

Bush on Monday commuted the former White House aide's 30-month prison term. He left a $250,000 fine and two years' probation in place on Libby's sentence imposed after he was convicted in federal court of perjury, obstruction of justice and lying to investigators in the probe of the 2003 leak of the name of CIA operative Valerie Plame, Wilson's wife.

In a written statement commuting the prison sentence, issued hours after Monday's ruling, Bush called the sentence "excessive," and suggested that Libby will pay a big enough price for his conviction.

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

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

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Libby was prosecuted for actions during the investigation of the leak of Plame's name, not for the leak itself.

Wilson said Tuesday the commutation hurts any chance the full truth may come out. Watch Wilson explain how he thinks power has been abused

Special Prosecutor Patrick Fitzgerald "has said from the very beginning that the reason he was not able to get to an underlying crime was because Mr. Libby repeatedly lied," Wilson said.

Wilson and his wife have filed a civil suit in the case. "We want to get the truth out and hold these officials to account for their abuse of power."

In a statement issued Monday night, Fitzgerald took issue with Bush's description of the sentence as "excessive," saying it was "imposed pursuant to the laws governing sentencings which occur every day throughout this country."

It is fundamental to the rule of law that all citizens stand before the bar of justice as equals," Fitzgerald said. "That principle guided the judge during both the trial and the sentencing."

We continue to believe in Mr. Libby's innocence," Wells said. "Scooter and his family appreciate the many Americans who have supported them over the last two years."

"This will allow a good American, who has done a lot for his country, to resume his life," said former Sen. Fred Thompson. The Tennessee Republican and presumed presidential candidate in 2008 was a member of the Libby Defense Fund advisory committee. E-mail to a friend

A commutation is distinct from a pardon, which is a complete eradication of a conviction record and makes it as if the person has never been convicted.

Commutations are rarely granted, says CNN's chief legal analyst, Jeffrey Toobin. A commutation is one of the constitutional powers of the president and it cannot be challenged by any attorney or court, he said.

Earlier Monday, a federal appeals court unanimously ruled that Libby could not delay serving his sentence, which would have put Libby just weeks away from reporting to prison.

Libby can still appeal his conviction. And if the appeal fails or is still in process at the end of Bush's term, the president could grant Libby a full pardon.

Clemency petitions are normally reviewed by the Justice Department, which investigates the case and seeks input from the federal prosecutor who brought the case before issuing a recommendation to the president. A government official said that Bush did not consult with the Justice Department before rendering his decision.

Plame had worked in the CIA's counter-proliferation division before the March 2003 invasion. She told a congressional committee in March that her exposure effectively ended her career and endangered "entire networks" of agents overseas.

Plame's name became public when Robert Novak named her in his column on July 14, 2003.

Former Deputy Secretary of State Richard Armitage has admitted he disclosed the information to a reporter. Novak pointed to another "senior administration official" -- Bush political adviser Karl Rove -- as the second source for his column.

Libby, the former chief of staff to Vice President Dick Cheney, is the highest-ranking White House official ordered to prison since the Iran-Contra affair.

"This decision ... sends a signal that if you have friends in high places then you can get out of serving jail time," said Tom Fitton of Judicial Watch, a conservative nonpartisan foundation in Washington.

Polls suggest the American public may not be happy with Libby's commutation.

A CNN/Opinion Research Corp. poll taken in March asked if Bush should pardon Libby -- 69 percent said no, 18 percent said yes.

"I think the White House probably made the calculation that the only people left standing by this president are conservatives and they want him to keep Libby out of jail. Therefore, not much left to lose," CNN senior political analyst Bill Schneider said.

Ted Wells, an attorney for Libby, issued a statement late Monday saying that Libby and his family "wish to express their gratitude for the president's decision."

JD The Jazz Doctor · Grand Poobah

From our friends at FOX News...

WASHINGTON Presidential candidates and likely-to-be presidential candidates from both sides of the political aisle reacted quickly to President Bush's commutation of I. Lewis 'Scooter' Libby's prison sentence Monday. Libby had been sentenced to 2 1/2 year in jail, two years probation and a $250,000 fine. Libby, who is appealing the perjury and obstruction of justice conviction in the case of the leak of a CIA employee's identity, was denied the opportunity to remain free while the case is pending. With the president's commutation, he will not have to go to prison, though the other penalties remain intact. Among the first to offer support was former Tennessee senator and possible White House hopeful Fred Thompson, who served on the advisory board of the legal defense fund for Libby, and urged Bush to pardon him. "I am very happy for Scooter Libby," Thompson said. "I know that this is a great relief to him, his wife and children. This will allow a good American, who has done a lot for his country, to resume his life." GOP presidential candidate and former New York City Mayor Rudy Giuliani said: "After evaluating the facts, the president came to a reasonable decision and I believe the decision GOP presidential candidate and former New York City Mayor Rudy Giuliani said: "After evaluating the facts, the president came to a reasonable decision and I believe the decision was correct."

Democratic presidential candidate and Illinois Sen. Barack Obama offered a different take.

"This decision to commute the sentence of a man who compromised our national security cements the legacy of an administration characterized by a politics of cynicism and division, one that has consistently placed itself and its ideology above the law," Obama said. "This is exactly the kind of politics we must change so we can begin restoring the American people's faith in a government that puts the country's progress ahead of the bitter partisanship of recent years."

Presidential candidate and New York Sen. Hillary Clinton described actions that led to Libby's conviction as part of a larger effort by the White House to silence critics of the war in Iraq.

"Today's decision is yet another example that this administration simply considers itself above the law," said Clinton of Bush's decision to commute Libby's sentence. "This case arose from the administration's politicization of national security intelligence and its efforts to punish those who spoke out against its policies.

"Four years into the Iraq war, Americans are still living with the consequences of this White House's efforts to quell dissent. This commutation sends the clear signal that in this Administration, cronyism and ideology trump competence and justice."

Fellow 2008 hopeful and former North Carolina Sen. John Edwards also blasted the commuted sentence.

"Only a president clinically incapable of understanding that mistakes have consequences could take the action he did today," Edwards said. "President Bush has just sent exactly the wrong signal to the country and the world. In George Bush's America, it is apparently okay to misuse intelligence for political gain, mislead prosecutors and lie to the FBI.

"George Bush and his cronies think they are above the law and the rest of us live with the consequences. The cause of equal justice in America took a serious blow today."

Last week Vice President Cheney asserted that he was beyond the reach of the law," added Sen. Joe Biden of Delaware, another presidential candidate. "Today, President Bush demonstrated the lengths he would go to, ensuring that even aides to Dick Cheney are beyond the judgment of the law. It is time for the American people to be heard -- I call for all Americans to flood the White House with phone calls tomorrow expressing their outrage over this blatant disregard for the rule of law."

Other partisans also expressed outrage.

Senate Majority Leader Harry Reid said: "The 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.

"Judge (Reggie) Walton correctly determined that Libby deserved to be imprisoned for lying about a matter of national security," Reid said. "The Constitution gives President Bush the power to commute sentences, but history will judge him harshly for using that power to benefit his own vice president's chief of staff who was convicted of such a serious violation of law."

Click here to read the Grant of Executive Clemency.

House Speaker Nancy Pelosi said: "The president's commutation of Scooter Libby's prison sentence does not serve justice, condones criminal conduct and is a betrayal of trust of the American people.

"The president said he would hold accountable anyone involved in the Valerie Plame leak case. By his action today, the president shows his word is not to be believed," Pelosi said. "He has abandoned all sense of fairness when it comes to justice, he has failed to uphold the rule of law, and he has failed to hold his administration accountable."

House Majority Leader Steny Hoyer said:"It is very disappointing that the president has chosen to substitute his judgment for that of the trial judge who heard all the evidence in Mr. Libby's case, as well as the federal appellate panel which ruled today that Mr. Libby could not delay serving his prison term.

"The charges against Mr. Libby were not insubstantial; a jury convicted him of lying to authorities and obstructing the investigation into the public disclosure of a CIA operative's identity." Stoyer said. " In the last election, accountability for wrongdoing was a major issue. With this decision today in the Libby case, the president continues to demonstrate that he rejects accountability for wrongdoing in his administration."

Massachusetts Sen. John Kerry also criticized the decision as a misstep of justice.

"President Bush's 11th hour commutation of Scooter Libby's sentence makes a mockery of the justice system and betrays the idea that all Americans are expected to be held accountable for their actions, even close friends of Vice President Cheney," Kerry said. "It's a tragedy that with young Americans paying the ultimate price in Iraq for this administration's mistakes, this White House continues to avoid accountability and reward deceit for their friends and supporters."

Independent Vermont Sen. Bernie Sanders also chimed in.

"A jury of his peers found Libby guilty of lying about his role in revealing the identity of a covert CIA operative," Sanders said. "It is unfortunate that President Bush in commuting his sentence has once again put political considerations above the interests of our judicial system."

Republican congressional leaders countered with statements of support for the reduced penalty for Vice President Dick Cheney's former chief of staff.

"President Bush did the right thing today in commuting the prison term for Scooter Libby," said House Republican Whip Roy Blunt. "The prison sentence was overly harsh and the punishment did not fit the crime. The sentence was based on charges that had nothing to do with the leak of the identity of a CIA operative."

Ruby · The Good Witch Of The South

WASHINGTON (CNN) -- I. Lewis "Scooter" Libby was disbarred from practicing law in the nation's capital on Thursday.

I Lewis "Scooter" Libby was convicted to lying to a grand jury and investigators last year.

The former chief of staff to Vice President Dick Cheney was convicted last year of lying to a grand jury and federal agents probing the leak of the identity of a CIA agent, Valerie Plame Wilson.

"When a member of the Bar is convicted of an offense involving moral turpitude, disbarment is mandatory," the District of Columbia Court of Appeals wrote in its opinion, which is posted on its Web site.

"When convictions on more than one count are involved, disbarment is mandated if any one of them involves moral turpitude," the court added.

Last July, a court sentenced Libby to a 30-month prison term. President Bush later commuted Libby's sentence, calling it "excessive."

The president stopped short of an outright pardon, noting that "our entire system of justice relies on people telling the truth."

The clemency grant raised eyebrows among legal observers and prompted criticism from Democrats.