Tom Baldwin in Washington
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President Bush last night spared Lewis “Scooter” Libby, Vice-President Dick Cheney’s former chief of staff, from serving a 30-month prison sentence imposed on him for lying to a CIA leak investigation.
The decision came after a federal court ruled that Libby could not delay his jail term until an appeal was heard, thereby piling on the pressure for Mr Bush, who had sidestepped calls from conservative allies to pardon him.
The White House would have preferred to wait until after the 2008 election before making any decision, but this week’s court ruling forced Mr Bush’s hand. In a statement issued from his family’s holiday home in Kennebunkport, Maine, he said: “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.”
The President said that he was not pardoning the man who was until recently Mr Cheney’s closest aide, and that Libby still faced the “harsh punishment” of a $250,000 (£125,000) fine and two years of probation.
“The reputation he gained through his years of public service and professional work in the legal community is forever damaged,” said Mr Bush. “His wife and young children have also suffered immensely . . . The consequences of his felony conviction on his former life as a lawyer, public servant, and private citizen will be long-lasting.”
The decision was seized upon by the Democrats who saw Libby’s 11th hour rescue as the latest chapter in a scandal that began in the build-up to the Iraq War. Senate Democratic leader Harry Reid described it as “disgraceful” adding: “Libby’s conviction was the one faint glimmer of accountability for White House efforts to manipulate intelligence and silence critics. ”
Although the US Bureau of Prisons has not yet assigned Libby a prison or given him a date to surrender, he had been designated as federal inmate No 28301-016. He was the highest-ranking US official to be sentenced since the Iran Contra affair 20 years ago. Mr Libby was convicted of obstructing an inquiry into how the identity of Valerie Plame, a CIA agent, came to be leaked – even though he was not responsible for the disclosure.
Ms Plame’s name became public in a column by Robert Novak, a journalist, on July 14, 2003 shortly after her husband, former Ambassador Joseph Wilson, had openly questioned the veracity of the Bush Administration’s case for invading Iraq. Disclosure of her identity was widely seen as an act of revenge at an acutely sensitive time during the early stages of the war.
Before his sentencing this month, Mr Libby’s allies wrote dozens of letters asking the judge to show mercy on a man seen in neo-conservative cicles as a martyr. His supporters included Donald Rumsfeld, the former Defence Secretary, John Bolton, the former US Ambassador to the United Nations and Paul Wolfowitz, the outgoing President of the World Bank – all of whom feel they have been similarly victimised by a liberal media.
A legal defence fund set up by neo-conservative groups is thought to have raised more than enough to pay Libby’s fine. Mr Bush said: “This case has generated significant commentary and debate. Critics say the punishment does not fit the crime: Mr Libby was a first-time offender with years of public service and was handed a harsh sentence based in part on allegations never presented to the jury.”
Perjury conviction
March 2007
Libby convicted on four counts of perjury, obstruction of justice and making false statements to FBI investigators in connection with the unmasking of Valerie Plame as a CIA agent
June 2007
He was sentenced to 2½ years in prison and fined $250,000. He was also sentenced to two years of probation
Source: Times archive
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This was a very complex case that casual outside observers will not understand.
First of all, the leaker was discovered early on to NOT be Scooter Libby, it was Richard Armitage. Then Valerie Plame is not even sure to be actually COVERT at the time, according to the precise legal language of the relevant statute. The CIA in the hearings said the matter of whether Plame was covert according to the Federal law was "complicated" and have STILL not given a firm answer. So possibly no law was ever violated to begin with. Then there was no evidence that the CIA ever TOLD Cheney or Libby that Plame was a "covert" operative, and were very casual in disclosing her name to them.
Under these conditions, NO regular person would have been put under a trial for inconsistencies in their testimony, due to the fact that there is no evidence of a crime. Only Libby was, because he was caught in the machinery of the "special prosecutor". That is why he should be pardoned, to lessen this excess.
Claudia, Atlanta, USA
I used to admire this country for its values but with recent assault on freedoms, diminution of rights e.g. the Patriot Act, denial of habeus corpus and a sudden liking for torture and secret prisons, just to name a few, I am almost sure that the USA is as close to a what it disparagingly refers to as a "Banana Republic "as anytime in history. Democrats in congress and the senate are afraid to say what they believe to right because the American public since 9/11 have been scared into believing that any independent thought critical of the administration is deemed to be unpatriotic and the Republicans have lost all sense of conservative values with not a single stateman to its credit in either House.
IF the EU gets its house in order I am sure that within 15 years the USA will be relegated to at most secondary status with regard to its ability to influence events in the world because no president from either party is likely to be able pull the country back from third world status.
Andy Jones, New York, USA
Dear Editorial Staff;
I feel honored with the way you handled my postings today. Your staff gave this discussion context, and in putting these pieces on top, somebody there did a spot on job of capping off this discussion perhaps in a way that might make tomorrow easier to deal with.
We can only hope
Gary D. Brune, PARADISE, United States, California
Dear Editor;
As a starving student in Paradise, California, the Libby commutation makes the separation between the haves and have nots here much more stark. I am someone that my government does not care about, unless they need me to cast a vote, which I have 40 times in my life.
It was apparent to me in 1999 that George Bush would be elected President because he had already raised a sizable war chest. That money for the most part came from his wealthy backers, who got him in so they could become uber-rich. All of his actions during the last six years have made his constituency very apparent.
What that means today is that there is an annoying arrogance in the Bush Administration. He will leave the White House with his backers watching his back, just as he is watching Libby's back today.
The voice of the people therefore does not exist. There is one justice for us, and another for the uber-rich. It matters not which party we have because we have no voice.
Gary D. Brune, PARADISE, United States, California
Dear Editor;
Today the United States of America is 231 years old. This discussion contains so much cynicism that it distresses me,
But the opposite of cynicism is optimism, and even though my republic has gone through more travails than any country should, something positive always emerged from the effort. Today's American ethos is built on a strong foundation of imagination, hard work, and determination.
We will survive these struggles, just as we have for 231 years. In the process, the human experience will be better tomorrow than it is today.
Happy Independence Day to each and every one of you.
Gary D. Brune, Paradise, United States, California
Let's not forget that as Governor of Texas, Dubya never pardon or commuted a death sentence. Once he is in office, he has sudden change of heart and commutes Libby's sentence. I realize that it is the President's perogative to commute and even pardon citizens, I have a hard time believing that it was right to do this in this specific case, given the fact that a CIA agent identity was revealed for all to know and possibly jeopardizing US security. I personally do not want to hear how the republican party stands for morals and traditional values as recent use of power has been knowingly and wrong used. I wonder if Libby was going to call Cheney and Bush and tell them that he was going to sing like a canary. Because that's the only way those self-serving characters would have had an inkling to get things moving. As for Libby, as soon as the dust has settled and attention has turned from him, he'll be set up with a cushy little job, provided he doesn't write a book.
Gern Blanstein, Winnipeg/London, Canada/UK
Sigh...
If only I had any hope that the Democrats would be any better. Unfortunately, there's a distinct cyclical nature to American politics in the last couple of decades: one party gains power, tries to do a few things it actually promised to do, gets high on power fumes, and falls apart in scandal. Then the corporate puppets on the other side of the aisle pick up the torch, and the cycle begins anew.
Vonnegut in "Man without a Country"... depressing, but apparently deadly accurate:
"But I know now that there is not a chance in hell of America becoming humane and reasonable. Because power corrupts us, and absolute power corrupts us absolutely. Human beings are chimpanzees who get crazy drunk on power."
Clinton was certainly no saint, no matter what your political affiliation. But I will forever remember the Bush administration as the era during which my faith in my government was unceremoniously flushed down the toilet.
Nate, New York, USA
"Pre-emptive" war in Iraq based on lies, five days of inital denial followed by total incompetence reagarding Hurricane Katrina and the Gulf Coast, firing federal prosecutors at whim, and now commuting Libby's sentence... Hmmm, remind me again why Bill Clinton was impeached.
U.S. Vet, Atlanta, USA
From the meat head who brought us Iraq - what else could be expected.
Has anyone in the US Congress found out what Halliday et al did with all the money that never made it to Iraq?
A group of his peers found him guilty on the evidence before them what right has a President to quash the sentence simply because he 'feels sorry for Libby'. I rust the US Bar and Legal Associations are going to give Libby the heave ho for unprofessional conduct.
Peter Thomson, Kirkcudbright, Scotland
A shrewd move by Mr Bush. The predictable howls of outrage from the left & the liberal media will reignite support amongst a conservative base that had become disillusioned with the President.
Dave, London, UK
Democracy.. A government that gives people the choice to vote for the lesser of two rich evils, then tells you who the winners are. For nearly 200 years this system has fooled you all into thinking there are 2 parties, rich and richer. Then you're all suprised when they turn out to be crooked. Only 3 ways to be rich....steal,squeal,or deal and no matter what way is chosen someones toes get stepped on.
Robin, Fremont\, Oh
Yeah, It's perfect set of people standing resolutely behind Libby, just like the president himself had in the past fully supported people like, Donald Rumsfield, Paul Wolfowitz, only to see them go very shortly thereafter. One more thing, he needs the support of one more person...Attorney general Gonsales.
Arrrgh K, W Windsor, NJ
It's really tough being an American these days, and you people complain about Tony Blair. Sigh...
chris, New York, NY
Definition of a liberal? A neocon who's been indicted. Or sees one of his own caught by a system meant only for the little people.
A playground gang in high office.
David Kanazawa, Sapporo, Japan
I'm embarrassed for my country and angry. It's cold comfort that Bush's legacy will be one of complete failure and that these people's days in government are numbered. What a tragic fiasco Bush and his cronies have been for America!
Elizabeth Rennant, Santa Fe, NM, USA
So, is this clemency available to all? That's a criterion of a democracy. Of course not. The American justice system is rotten to the core.
richard, bangkok,
None of you are getting the point here ! Libby was convicted of perjuring himself in order to prevent the evidence of someone who had proof that Bush, Cheney et al had lied about about the reasons for going to war with Iraq.
Quite simply Libby was their fall guy ... The fact that he is now being pardoned has to be the biggest proof of this fact and that the Bush Cabal has openly been the most corrupt and morally bankrupt administration in history.
Do you think if that had been another government doing what they have done that no political capital would have been made of it by the "freedom fighters" of the US Government .
And .. isn't it a little strange that father George is also there with puppet George junior during Putin's visit.
Bryan, York,
One law for rich, well connected Republicans, another for everyone else.
How did the Founding Fathers or their successors ever allow an elected politician to overturn the decision of a court like this? Bush didn't even need to put it to a vote.
Richard, Plymouth,
And they say that the justification for invading Irak was to bring its people the benefit of US Democracy and Justice.
Bill Rispin, Hessle, England
The left's god - William Jefferson Clinton pardoned over 400 - among them drug dealers, theves and assorted criminals.
The prosecutor Fitzgerald knew the name of the leaker early into his investigation, however continued on a "fishing expedition".
I challenge anyone to tell us what lie LIbbey told. He was guilty of having a bad memory and not being disingenuous enough to simply use the well worn Clinton exucuse "I don't recall".
Bush rightly used his presidential powers and there is nothing Bush could do to please the "lefties" here - including resigning or hanging himself with a new rope.
Get over it.
Salopian, ATL/Shropshire,
About time. It is time to get back to work and stop whining.
William Matos, San Antonio, TX
Of course, the greatest threat in US history was the Lewinsky affair. Even the world was at jeopardy. Morality had to prevail over such a president. On the contrary, revealing a secret agent's identity sends a message of patriotism and responsibility. Libby will eventually get a nice medal for his achievement and Mr. Bush's prestige will continue to be at the top. The rest of the world is just biased. Congratulations one more time...
Oscar, Los Angeles, United States
Sir,
What does this say about the political system AND the current President? Naked power and opportunist expediency.
SC, London, United Kingdom
Bizarre.. Bush holds detainees in Gitmo for 4 years + without showing a shred of evidence of their guilt to a court of law, and then pardons an ally who's been found guilty in a court of law before he even starts his sentence!
What a total and complete lack of regard for the rule of law.. what a bunch of corrupt, nepotistic hypocrites the Republicans are..
Owen, London, UK
Of course, the biggest threat in US history was the Lewinsky affair. Even the world was at jeopardy. Morality had to prevail over such an evil president. On the contrary, revealing a secret agent's identity sends a message of patriotism and responsibility. Libby should eventually get a medal for his achievement and Mr Bush's prestige will continue to be at the top. The rest of the world is just biased. Congratulations one more time.
Oscar, Los Angeles, United States
The final nail in the coffin of the rule of law......exactly what sort of freedom is the War on Terror trying to defend?
Fredi, London,
1 years 6 months 22 days until this horse's behind is out of office! I CAN'T WAIT!!
Diane Willi, New York, NY USA
ha ha ha, and for you US citizens that keep supporting George W Bush - congratulations, you perennially prove to the world how dumb you people truly are.
What more will it take to persuade you?
3rd world corruption is alive and well in the 1st world - they are taking the p*ss out of you guys.
"Thank you, Sir, please may I have another..." - Animal House.
Gus, Norwich, UK
So he doesn't have to do the time and the fine will be paid for him. What's to stop the next guy from doing it? I can't believe how dumb the folks of the USA must be to swallow this. I used to admire the USA but this administration has really opened my eyes. This is a country is decline.
Greg, Cape Town,
It is decisions of this nature by The President that vary between the justice in a society which tolerates the setting up of Guantanamo Bay and pardons the commuting of Mr Libby's prison sentence.
Any attempt to justify any intervention of this nature whether legal or illegal in the name of justice must be hard for for people to fathom.
Charlie Philipson, ASHFORD, UK
An unimportant person like Paris Hilton is made to serve part of her sentence in prison, but not someone in a responsible position?
G Conway, Minchingholm, UK
Libby's sentence of 30 months was within the federal sentencing guidelines. People are sentenced everyday through the use of these guidelines. The US Supreme Court just ruled that Federal Circuit Courts can grant sentences within the guidelines a presumption of reasonableness, but Bush now seems to think all of these sentences are "excessive". This was a great birthday present to the United States from its "leader".
James, Philadelphia, USA
This proves conclusively that the U.K. isn't the only country ruled by a monarch.
Klaatu, Tappan, New York, USA
Libby's sentence commuted. What a surprise. I guess Bush's puppetmaster Dick Cheney gave "Dubya" his orders.
Bruce Northwood, Washington, D.C., USA
I assume Scooter knows a lot about Bush and Cheney and was about to sing like a canary
Mark, Newcastle,
Nice timing, just before the 4th July. Happy Independence Day. That should drop Bush's approval rating to the low 20's. Libby draws the "get out of jail free" card, while Dangerous Dick gets off the hoop. Democracy? You're having laugh. President Bush has no respect for the rule of law, but hey, what else is new?
Andrew Milner, Yokohama, Japan
Libby was prosecuted by a Republican, the judge was a Republican, he was convicted unanimously by a jury, and his appeal was denied by 2 Republican judges, yet right wing zealots like Ezra Alleyne think Bush should be congratulated for overturning the sentence?
Republicans like Guliani and Thompson should never dare claim that they are "tough on crime" since they supported a full pardon.
Fortunately for the rest of us, these right wing idiots days are numbered. The once relatively honest Republican party is now a party of incompetence, cronyism, and utter corruption, and the once great Republican majority in Washington is about to be swept into the garbage heap of history, like so many cockroaches.
Jeff Smith, Westminster, Colorado
Maybe the Democrats will be sufficiently outraged by this travesty to look even harder into the original incident? I'm sure the path leads to Karl Rove, at the very least.
Maybe they could impeach Bush? It would be poetic justice given the way Ken Starr and his cronies stopped Bill Clinton doing his job for so long. Plus, he deserves it anyway for being so inept.
David Harrison, Manchester, UK
Paris Hilton should now know what to do to get out of jail!
Jeff Larsen, Chch, NZ
Bush runs the show like the Krays ran London
If you're one of the team 'You are either with us'' , you get off lightly from major crimes.
You can also be rewarded with highly paid jobs as
'' peacemaker in the Middle East''
If 'You are against us' . Well you receive the modern equivalent of a beating .
Its called precision bombing.
The U.S., an intelligent nation, deserves better.
K Urban, London, UK
It is not a misuse of presidential power. Clearly, the president has the absolute right to pardon. Rather it is another poor judgment by a president who has a long list of poor judgments. Once again this president let personal loyalty go before the good of the country. In this system, the president is supposed to pay the price at the polls. And I expect the Republicans will at the next election.
James Lachowsky, Swindon, Wiltshire
Yes, here we have a architypical example of one set of rules for the poor and unfamous and another for the rich and influential. It's Bush who should be locked up.
Elliot, Oslo, Norway
As is his presidential right..., to let his friends off the hook!
Americans must be so proud!
Stuart, sheffield,
Not exactly a surprise but well done to the Federal Court for not bowing to pressure and forcing Bush's hand. I feel 30 months is indeed excessive, but to commute the prison sentence entirely is questionable.
I don't know enough about the case details to comment on this man's guilt but he was found so by jury and should be punished as any other.
Is he really still going to proceed with the appeal now? Surely that would be an embarrassing reminder of this affair running into 2008 and the election race.
R Theobald, Dubai, UAE
Dick Cheney in action!!!!!!!!!!
sam, Dallas, USA
This leaves rather a rotten smell in one's moral olfactory passages.
Berlin Warrior, Berlin,
The way the world works is like this: if you are a politician
or you have good political connections you are above the
law. Certain pantomimes are sometimes played out to
delude the gullible into thinking that the likes of Libby
are subject to the same legal process as the rest of us
but the end result is always the same, his kind always
get off without due punishment.
John, LONDON, ENGLAND
I wonder what else Libby knew?
Emma H., Ottawa, CAN
Mr. Bush as relegated the presidency to nothing more than third world thuggery. Impeachment would be only a first step. The optimal solution would call for a constitutional convention that would convert the U.S. to a parliamentary form of government. A presidency such as this much never again stand.
John Baker, Seattle, WA, USA
The American system of Government places the right to pardon and to commute sentences of the Court in the hands of the President in his absolute discretion.
As someone who respects the operations of Constitutional systems whether they be in Washington, Westminster or right here in Barbados, I have no problem with the functional exercise of the right
I profoundly agree with the exercise of the Presidential right to commute in this specific case, for while perjury is NOT to be condoned; it can sometimes be difficult for anyone to recall, precisely what was said, when one is under the stress of an official investigation and creating a fall guy by whatever process, is not in the public interest!
I think the President should be congratulated for having the courage to take the decision, and I would urge him to pardon Libby , and remit the fine after the 2008 election, if Libby's appeal against conviction is not successful.
Ezra Alleyne, Bridgetown, Barbados
Good one George; justice is available to everyone in the US, just like the Ritz Hotel.
Ian Smith, Nelson , New Zealand
Libby was NOT sentenced on the basis of allegations never presented to the jury. He was sentenced for perjury and obstructing a federal investigation and given that he is a lawyer the sentence was not unreasonably long. Does Junior think that perjury is ok? I guess he does given his own track record.
Ian, Frederick , MD USA
Excellent decision!
Commutaion rather than exoneration leaves Libby free to pursue his appeals and there is no doubt that his name will ultimately be cleared.
Allan, Bellevue, WA, USA
This is Watergate-type deja vu all over again!
Clearly a mis-use of presidential power.
Stay tuned! It ain't over yet.
Garth Strong, San Diego, USA
This story is displaying incorrectly. You may want to remove the bit about Putin.
Ryan Gladstone, Columbia, Missouri, US