Libby ‘scoots’ jail time with pardon but $250k fine remains
Lewis ‘Scooter’ Libby who leaked the name of a CIA agent who was critical of the White House actions that led to the war in Iraq will still face probation a huge fine and civil suits that will most likely hound him for the rest of his life. The public figure’s worst nightmare is often the stripping of the ability to work within the corridors of power and end of high-profile life and the wheeling and dealing that goes with it.
‘Scooter’ doesn’t walk – he is punished -the executive clemency action by the President is a privilege he has – something perhaps he can wield in the weeks months and more ahead if any other white house insiders face trouble on his watch.
Would i have been better to put him behind bars for thirty months? that’s somethings lawyers debate on – I mean paris hilton got a reprieve and lesser jail time in a way because some felt the popularity and notoriety of being tough on those who walk the lights and places of power should be made to suffer more in sentences – something of making an ‘example’ of them.
But justice is supposed to be fair – regardless of social stature – wealth and or influence. In similar circumstances others might have been fined or have collar placed on them and home arrest. Or so the President says in his statement.
So While not ‘Scott free’ Libby will scoot away from jail and try and to rebuild his life an family. An outcast fallen and perhaps stripped of all if not most of his power and influence and forever etched as the man who leaked a name of as some call it – those oh so secret ‘carte blanche’ untouchables of Langley – whose identities are protected to the grave even if at times their actions run against all that is enshrined in a document whose main essence is “these truths to be self-evident, that all men are created equal,” except those whose names must be kept secret? Even if their actions run against those wants of their commander in chief?
Sadly there is a new aristocracy in America made of privileged lawyers and fringe groups and others who lord it over the rest of the People. But take comfort in this thought that this will nt last forever. Since after all – “Governments are instituted among Men, deriving their just powers from the consent of the governed, that whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or abolish it, and to institute new Government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”…
SO Scooter, punished, humiliated, and most likely a life story for Hollywood in the works – did not get away with his actions. He is punished and the President’s clemency act – his only reprieve will go forth into the night – Independence declared and lesson learned that his liberty and freedom to pursue his happiness comes on Independence day.
Here’s GW’s statement:
Grant of Executive Clemency
The United States Court of Appeals for the D.C. Circuit today rejected Lewis Libby’s request to remain free on bail while pursuing his appeals for the serious convictions of perjury and obstruction of justice. As a result, Mr. Libby will be required to turn himself over to the Bureau of Prisons to begin serving his prison sentence.
I have said throughout this process that it would not be appropriate to comment or intervene in this case until Mr. Libby’s appeals have been exhausted. But with the denial of bail being upheld and incarceration imminent, I believe it is now important to react to that decision.
From the very beginning of the investigation into the leaking of Valerie Plame’s name, I made it clear to the White House staff and anyone serving in my administration that I expected full cooperation with the Justice Department. Dozens of White House staff and administration officials dutifully cooperated.
After the investigation was under way, the Justice Department appointed United States Attorney for the Northern District of Illinois Patrick Fitzgerald as a Special Counsel in charge of the case. Mr. Fitzgerald is a highly qualified, professional prosecutor who carried out his responsibilities as charged.
This case has generated significant commentary and debate. Critics of the investigation have argued that a special counsel should not have been appointed, nor should the investigation have been pursued after the Justice Department learned who leaked Ms. Plame’s name to columnist Robert Novak. Furthermore, the critics point out that neither Mr. Libby nor anyone else has been charged with violating the Intelligence Identities Protection Act or the Espionage Act, which were the original subjects of the investigation. Finally, critics say the punishment does not fit the crime: Mr. Libby was a first-time offender with years of exceptional public service and was handed a harsh sentence based in part on allegations never presented to the jury.
Others point out that a jury of citizens weighed all the evidence and listened to all the testimony and found Mr. Libby guilty of perjury and obstructing justice. They argue, correctly, that our entire system of justice relies on people telling the truth. And if a person does not tell the truth, particularly if he serves in government and holds the public trust, he must be held accountable. They say that had Mr. Libby only told the truth, he would have never been indicted in the first place.
Both critics and defenders of this investigation have made important points. I have made my own evaluation. In preparing for the decision I am announcing today, I have carefully weighed these arguments and the circumstances surrounding this case.
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.
The Constitution gives the President the power of clemency to be used when he deems it to be warranted. It is my judgment that a commutation of the prison term in Mr. Libby’s case is an appropriate exercise of this power.
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