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The Libby outrage: Bush sinks lower by commuting a felon's sentence
Wednesday, July 04, 2007

Two days before the Fourth of July, the president made a mockery of American justice. By commuting the 30-month prison term of I. Lewis Libby Jr., the vice president's former chief of staff, George Bush showed he never intended to let the investigation of the CIA leak case lead where it may and he never expected to have members of his administration held to account.

For Americans who have been appalled by the episode surrounding Valerie Plame, whose CIA cover was blown after her husband publicly criticized part of the Bush rationale for the Iraq war, this is the icing on a distasteful legal cake. It also tells law-abiding citizens that there are two kinds of criminal justice: one for most of us and another for those with friends in high places.

George W. Bush is by no means the first president to issue a pardon or commutation. In fact, we criticized President Clinton for the flurry of forgiveness that burst from the Oval Office at the end of his tenure. But throughout this investigation, which began in the fall of 2003, President Bush assured the American people that justice would be done.

"... [I]f there is a leak out of my administration, I want to know who it is," he said almost four years ago. "And if the person has violated the law, the person will be taken care of."

As it turns out, Lewis Libby was taken care of Monday, when the president granted clemency that wiped out the 21/2-year prison term of Vice President Dick Cheney's former aide. The action left in place, however, Mr. Libby's conviction for perjury and obstruction of justice, a $250,000 fine and two years' probation. Although testimony showed he was not the original leaker, the adviser did talk to reporters about Ms. Plame's ties to the CIA. The judge and jury agreed that he lied to federal investigators.

The president's action was unusual for the way it was carried out. Seemingly timed to accomplish ASAP, thus reducing the fallout for Republican presidential candidates in 2008, the order was issued before the Justice Department had a chance to review the case. Normally this is done after the convicted felon reports to prison.

Mr. Bush's claim that "I respect the jury's verdict" rang hollow (if so, then let punishment take its course). Then he added, "But I have concluded that the prison sentence given to Mr. Libby is excessive" -- a characterization attacked by the case's lead prosecutor, Patrick Fitzgerald, who said the sentence imposed by the judge was consistent with the law. During the sentencing phase of the trial, Mr. Fitzgerald argued for a stiff penalty because Mr. Libby, an experienced lawyer, had lied repeatedly during the investigation and afterwards showed no regret for his actions.

But all of that was lost on George Bush, the conservative talk-meisters and Republican White House contenders who are delighted that Lewis Libby won't have to serve time.

Six and a half years into this administration, most Americans are not surprised. It is one more outrage from a president whose leadership is bankrupt and whose integrity, we thought, could sink no lower.

First published on July 3, 2007 at 8:03 pm