by John M. Curtis
(310) 204-8700

Copyright July 4, 2007
All Rights Reserved.

ommuting Vice President Dick Cheney's former Chief of Staff I. Lewis “Scooter” Libby, President George W. Bush danced on the razor's edge, hoping to mitigate political fallout, and, at the same time, keep a White House loyalist out of prison. Only five hours after a Federal Appeals Court rejected Libby's petition to delay his prison sentence, Bush issued the commutation. “I respect the jury's verdict,” said Bush in a prepared statement. “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 30 months in prison.” Libby was convicted March 6 of five counts of perjury and obstruction of justice in the Valerie Plame CIA leak affair. He was sentenced June 5 to 30 months in federal prison and fined $250,000 for lying to a grand jury and the FBI.

      Bush hoped to placate his base, without torpedoing GOP chances in next year's presidential election. While most GOP candidates favored pardoning Libby, White House strategists thought it went too far before the '08 election. Commuting Libby's sentence kept Cheney's former employee out of jail and, at the same time, left the impression Bush still respected the jury's verdict. Watching Paris Hilton do 23 days, while Libby, a convicted felon, skates creates the kind of irony infuriating voters. Bush hoped to lessen the political damage from an outright pardon but refused to rule it out after the '08 election. While the public can't tell the extent to which Cheney lobbied for Libby's commutation, it only makes sense based on Cheney's role in Libby's problems. Cheney, after all, leaked Plame's CIA identity to Libby and instructed him to leak it to the press.

      Special Prosecutor Patrick J. Fitzgerald took exception to Bush's excuse, insisting that Libby received a fair sentence based of federal guidelines. “It is fundamental to the rule of law that all citizens stand before the bar of justice as equals,” said Fitzgerald, failing to realize Bush's Constitutional right to play judge and jury. Once the appeals court rejected Libby's request, Bush had to act quickly to keep Libby out of jail. Libby was already assigned federal inmate No. 28301-016. Bush received stinging criticism for throwing Libby under the bus. His conservative base demanded a pardon, arguing Libby did nothing wrong other than lying to the grand jury and federal investigators. “The vice president supports the president's decision,” said a Cheney spokeswoman, arguing that Libby's reputation and future career would be forever tainted by the conviction, sentence and fine.

      Bush insisted he commuted Libby's sentence because of an excessively harsh sentence by U.S. District Court Judge Reggie B. Walton, a Bush appointee. “The reputation he gained through his years of public service and professional work in the legal community is forever damaged . . .” said Bush, adding, “the consequences of his felony conviction on his former life as a lawyer, public servant and private citizen will be long-lasting,” acting like he ruled out an eventual pardon. Less than 24 hours later, Bush sang a different tune. “As to the future, I rule nothing in and nothing out,” opening the door to a likely presidential pardon after the '08 presidential election. Suddenly, Bush's emphasis on Libby paying a price gives way to the growing chance that Libby will get his record purged before Bush leaves office. That's the least thing Cheney can do for his devoted former employee.

      When you look at the big picture, Libby perjured himself to protect Cheney. Libby insisted he learned Plame's identity from NBC Washington Bureau Chief Tim Russert on July 10, 2003. Russert testified he learned Plame's name July 14, 2003, when divulged in Robert Novak's syndicated column. Time Magazine reporter Matthew Cooper and former New York Times journalist Judith Miller told the grand jury that Libby told them Plame's identity July 6, 2003. While Libby never took the stand, his attorney Ted Wells Jr. argued that Libby suffered from an unknown memory impairment related to excessive stress. “There is always a possibility—or there's an avenue—for anybody to petition for consideration of a pardon,” said White House press secretary Tony Snow, refusing to acknowledge that President Bush will almost certainly pardon Libby after the '08 election.

      President George W. Bush revealed his damage control strategy, hoping to minimize the PR fallout from giving Libby preferential treatment. Bush can't insist, on the one hand, how he's respecting the jury, while, on the other hand, opening up the very real possibility of a presidential pardon. Talking about Libby's ruined career without ruling out a pardon reveals blatant manipulation. “I'm sure the vice president may have expressed an opinion . . . he may of recused himself. I honestly don't know,” said Snow, continuing to blow smoke. Cheney insisted that Bush save Libby for his undying loyalty, perjuring himself to protect the vice president and president. With the Iraq war already sinking GOP fortunes in '08 and Bush's approval levels at record lows, the White House doesn't care about who becomes the next president: Bush and Cheney only care about keeping Libby out of jail.

About the Author

John M. Curtis writes politically neutral commentary analyzing spin in national and global news. He's editor of OnlineColumnist.com and author of Dodging The Bullet and Operation Charisma.

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