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[personal profile] pecunium
Bush decided to commute I. Lewis (Scooter) Libby's sentence. It is the fourth time, in more than six years, he has exercised the presidential perogative to commute a sentence.

He said some pretty things; some of which are either outright lies, or reflect a sense of the way the world works which is at odds with any reasonable person's.

Mr. Libby was sentenced to thirty 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.I respect the jury’s verdict. But I have concluded that the prison sentence given to Mr. Libby is excessive. Therefore, I am commuting the portion of Mr. Libby’s sentence that required him to spend thirty months in prison.

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….


I don't recall what the "probation department" recommended, but Fitzgerald asked for more than the judge handed down, and what the judge handed down (for several felony convictions) was in the mid-range of the federal sentencing guidelines.

Lets compare the statement he made above with things Bush has said in the past; since we've been told what a steadfast sort he is; no "flip-flopper" he.

Each of us is responsible for the decisions we make in life. The old [juvenile justice] code used to say if you commit a crime it is not your fault, it is our fault. The new code recognizes that discipline and love go hand in hand. Our new juvenile justice code says there will be bad consequences for bad behavior in the state of Texas. We want you to understand you are responsible for the decisions you make in life. It’s called tough love.

Right Choices for Youth Jun 14, 1999

My job is to ensure our state’s laws are enforced fairly. This is a responsibility I take very seriously. On October 28, 1981, Mr. Gary Graham was found guilty of capital murder and later sentenced to death by a Harris County jury. The murder marked the beginning of a week-long crime rampage during which Mr. Graham committed at least 10 armed robberies. Two of his victims were shot, one was kidnapped and raped at gunpoint. Over the last 19 years, Mr. Graham’s case has been reviewed more than 20 times by state and federal courts. Thirty-three judges have heard and found his numerous claims to be without merit. In addition to the extensive due process provided Mr. Graham through the courts, the Board of Pardons and Paroles has thoroughly reviewed the record of this case as well as all new claims raised by Mr. Graham’s lawyers. Today the Board of Pardons and Paroles voted to allow Mr. Graham’s execution to go forward. I support the decision.

Press Release “Bush’s Statement on Gary Graham” Jun 22, 2000

But I think this one sums it up, I am proud that our state is tough on crime. We have the highest incarceration rate in the nation. We have tough mandatory sentences for those convicted of crimes, and short leashes for those on parole.

www.governor.state.tx.us/divisions/faq_index.html 12/31/98 Dec 31, 1998


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Date: 2007-07-03 03:09 am (UTC)
From: [identity profile] kightp.livejournal.com
I've read others suggesting that Bush chose commutation over an outright pardon because a pardon would have opened the door for Libby to be subpoenaed to talk about what went on behind the scenes wrt the Plaeme affair (once pardoned, he could no longer hide behind the Fifth Amendment). A can of worms the White House would just as soon leave unopened.

I don't personally give a rat's ass about Scooter, who seems to have been the White House's designated fall guy on this issue. But the commutation just gives me one more reason to believe that GWB's basic political philosophy boils down to "I'm the President and I can do anything I want."

ITMFA, baby, ITMFA...

Date: 2007-07-03 04:13 am (UTC)
From: [identity profile] pecunium.livejournal.com
A pardon, effectively, does the same thing. He's been convicted, he has nothing to plead the fifth too.

If he gets asked questions, and perjures himself again, then he can, immunity; or not be prosecuted for the new crime.

The real worry was that Libby might have tried to trade his prison time for more details. That is now a dead letter.

TK

Date: 2007-07-03 08:52 am (UTC)
From: [identity profile] antonia-tiger.livejournal.com
Comments elsenet suggest that other Presidents have commuted far more sentences than Bush.

Which makes the few times he has done so even more significant.

Date: 2007-07-03 09:44 am (UTC)
From: [identity profile] desert-vixen.livejournal.com

But you know those pesky fact things and tough-on-crime-status speeches don't apply, to like, people he knows! They're Good People and obviously Not at Fault.

Yes, I was pretty disgusted at the whole thing - why do you ask?

DV

Date: 2007-07-03 04:12 pm (UTC)
From: [identity profile] waterlilly.livejournal.com
The previous president was impeached because he committed perjury. We were subjected to months of haranguing by the Republicans about how serious a crime perjury is, and how it wasn't about the blowjob. Anyone who tried to say that maybe the whole mess was actually a political hatchet job was accused of not understanding how serious a crime perjury is. Just because someone was the president didn't mean he was above the law, we were told, often with disappointed looks that we were so immoral and so stupid as to have to have this explained to us.

I guess we can finally say there's proof they were full of shit.

Mind you, I'd welcome it if most of the GOP took a good look at this and decided to remember that perjury is a serious crime and all. I'd love it if this was the act that finally made them realize that there is something seriously wrong with this administration. But I doubt that's going to happen.

Worthy....

Date: 2007-07-04 03:57 am (UTC)
From: [identity profile] karl-lembke.livejournal.com
Years ago, back during the run-up to the Clinton impeachment, I happened to hear [fellow [profile] lasfs member] Eugene Volokh discussing the merits of the case. He stated that the offenses under consideration were "impeachable, but not impeachment-worthy".

The sense I get from those who support commutation (and indeed, an outright pardon) is that Libby's crime was prosecutable, but not worthy of prosecution.

Those who oppose these actions are taking the same position that the Republicans did when they impeached the President. Perjury is a crime, no matter how trivial the underlying event may be.

Just observing.

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