It has been interesting to read the commentary of conservative bloggers who just happen to be lawyers as well...
You do the crime, you do the time. The jury said Scooter Libby did the crime. He should do the time.
The Republican Party is going to pay a huge, huge price for this.
Orin Kerr at the Volokh Conspiracy
Nonetheless, I find Bush's action very troubling because of the obvious special treatment Libby received. President Bush has set a remarkable record in the last 6+ years for essentially never exercising his powers to commute sentences or pardon those in jail. His handful of pardons have been almost all symbolic gestures involving cases decades old, sometimes for people who are long dead. Come to think of it, I don't know if Bush has ever actually used his powers to get one single person out of jail even one day early. If there are such cases, they are certainly few and far between. So Libby's treatment was very special indeed.
Glenn Reynolds remains noncommittal, but correctly, IMO, calls the political reaction.
My prediction: Bush will rise in the polls as estranged conservatives warm to him in light of lefty indignation.
Lawyers may be the last individuals in the country to retain confidence in the justice system. The left simply wanted to see a Bush administration official go to jail--they wanted a lynching and they got one. Bush simply cut Libby down.
For the rest of us not suffering from Bush derangement syndrome, the pardon was an attempt to redress the imbalance.
Politically, it appears that reactions are predictably partisan, but I believe on balance, Bush comes out the winner on this for one overriding reason--the Duke rape case. The Duke 88 called the alleged rape a social disaster and in hindsight, they were largely right although for the wrong reasons.
Mike Nifong is the goat in all of this, but in the final analysis, he was simply riding the wave of the white hot anger of the lynch mob. The black community in Durham had all their prejudices confirmed in what to them, appeared to be a completely plausible tale of an innocent black girl raped by monstrous white oppressors.
Democrats appear to foster the lynch mob sensibility in its constituencies. The left-wing of the party was foaming at the mouth at the possibility of eating the liver of Karl Rove. Lewis Libby was the consolation prize, but their prejudicial invention of Bush administration crimes demanded that he pay the highest price possible. Thus Libby was convicted for a non-existent crime and sentenced far beyond recommended guidelines.
The Duke rape case has ignited a new awareness in parts of American society that we are dealing with the same kind of irrationality that saw black men hanging from trees on the merest allegation of improper behavior towards white women.
George W. Bush had a choice--follow the example of Teddy Roosevelt in the Brownsville affair, or try to rehabilitate the scales of justice.
I think Bush once again demonstrated the moral courage that I admire him for, even though I disagree strongly on some of his positions. The public may or may not see it that way, but they will view the Libby affair in the context of the bogus Duke rape case prosecutions.
The social disaster here is the subordination of civil order to political ambitions. It is nothing short of mob incitement. The ultimate victim in all of this is public confidence in American institutions.
Libby should never have been indicted.
Gina Cobb: Some presidents have used the pardon for reasons of political patronage. Others have used it more wisely and justly, to temper harsh justice. Given that Bush left most of Libby's sentence in place except for imprisonment, it is clear to me that Bush has used the pardon judiciously.
Macsmind: The Bush statement in its entirety.
Patrick Fitzgerald comments:
We fully recognize that the Constitution provides that commutation decisions are a matter of presidential prerogative and we do not comment on the exercise of that prerogative.
We comment only on the statement in which the President termed the sentence imposed by the judge as “excessive.” The sentence in this case was imposed pursuant to the laws governing sentencings which occur every day throughout this country. In this case, an experienced federal judge considered extensive argument from the parties and then imposed a sentence consistent with the applicable laws. It is fundamental to the rule of law that all citizens stand before the bar of justice as equals. That principle guided the judge during both the trial and the sentencing.
He is correct--as far as it goes. Libby could have received 25 years under the sentencing guidelines, but a stricter reading incorporating various contingencies is conceded to come out to 15-21 months on the low end, and 24-33 months on the high end.
Considering that Fitzgerald knew who had actually leaked Plame's identity, he could not have realistically claimed the "great harm" to the investigation that would have merited the higher sentences.
Washington Post Editorial: Non sequitur. The Post makes a reasoned argument for leniency but then no argument at all for why they take the position that this was "too much leniency".
Opinion Journal: Not enough leniency.
n no small part because of these profiles in non-courage, it was Mr. Libby who found himself caught up in prosecutor Patrick Fitzgerald's hunt for the Plame leaker, which he and his masters at Justice knew from Day One to be State Department official Richard Armitage. As Mr. Fitzgerald's obsessive exercise ground forward, Mr. Libby got caught in a perjury net that we continue to believe trapped an innocent man who lost track of what he said, when he said it, and to whom.
The Journal editors are neglecting an important point--Libby was convicted by a jury of his peers. Would it really be wise to compound the political witchhunt character of the Plame leak investigation with even more disregard for an impartial system of justice?