by Frank James
The American public might be forgiven if it came away somewhat confused by what President Bush said today in response to questions about his decision to commute I. Lewis “Scooter” Libby’s prison sentence for his conviction in the CIA leak case.
On one hand Bush said the jury verdict should stand. But on the other hand, he wouldn’t rule out a pardon for Libby.
In response to one of the two questions he took from reporters, Bush said:
“I had to make a very difficult decision. I weighed this decision carefully…I thought that the jury verdict should stand. I felt the punishment was severe. So I made a decision that would commute his sentence but leave in place a serious fine and probation. As to the future, I, you know, rule nothing in and nothing out.”
To the second question, the president said:
“I took this decision very seriously on Mr. Libby. I considered his background, his service to the country as well as the jury verdict. I felt like the jury verdict ought to stand. And I felt like some of the punishments that the judge determined were adequate should stand. But I felt the 30-months sentencing was severe. I made a judgment, a considered judgment that I believe was the right decision in this case. And I stand by it in this case.”
What’s confusing is, if the president really believes the jury verdict ought to stand, then how can he keep the door open for a pardon, even one that would come at the end of his term? A pardon would have the effect of reversing the jury’s verdict.
It seems like what Bush was really saying was that he believes the verdict should stand for now but not necessarily beyond his presidency.
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The president could use the same argument he made for commuting Libby’s sentence in announcing a pardon late next year or in early 2009.
Bush said he thought the 2-1/2 year federal prison term like the one Libby faced was “excessive.” He could argue that for Libby to spend a lifetime as a convicted felon is excessive as well.
So while the president seemed today to want to leave the impression that he respects the jury verdict, he arguably undermines that effort by keeping the door open to a pardon.