Bush Commutes Libby's Sentence

President Bush commuted former White House aide I. Lewis "Scooter" Libby Jr. a 2 1/2-year prison term in the CIA leak investigation Monday, saying the sentence was too harsh. Bush's move came just five hours after a federal appeals panel ruled that Libby could not delay his prison term.^[1] meaning Libby was going to have to report soon, and it put new pressure on the president, who had been sidestepping calls by Libby's allies to pardon Vice President Dick Cheney's former chief of staff.^[2]"I respect the jury's verdict," Bush said in a 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."^[3]

Unlike a pardon, which would have wiped away Libby's criminal record, Bush's commutation voided only the prison term. The president left intact a $250,000 fine and two years' probation for his conviction of perjury and obstructing justice in an inquiry into the leak of a CIA employee's identity.^[4] The former operative, Valerie Plame, contends the White House was trying to discredit her husband, Joseph Wilson, a critic of Bush's Iraq policy.^[5]

Libby was convicted of obstruction of justice, 18 U.S.C. § 1503, which states that a person who, corruptly, or by threats or force, or by any threatening letter or communication, endeavors to influence, intimidate, or impede any grand or petit juror, or officer in or of any court of the United States, or officer who may be serving at any examination or other proceeding before any United States magistrate judge or other committing magistrate, in the discharge of his duty, or injures any such grand or petit juror in his person or property on account of any verdict or indictment assented to by him, or on account of his being or having been such juror, or injures any such officer, magistrate judge, or other committing magistrate in his person or property on account of the performance of his official duties, or corruptly or by threats or force, or by any threatening letter or communication, influences, obstructs, or impedes, or endeavors to influence, obstruct, or impede, the due administration of justice, shall be punished as provided in subsection (b). If the offense under this section occurs in connection with a trial of a criminal case, and the act in violation of this section involves the threat of physical force or physical force, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case.^[6]

Libby was also convicted of perjury, which is covered under 18 U.S.C. §1621 and states that a person who, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true;^[7] or in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true;^[8] is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States.

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^[1] Ben Feller, Bush lets Libby off, outrages key Dems, Associated Press Newswire, Jul. 3, 2007, available at LEXIS, News Library, Wire News Services.
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] 18 U.S.C. § 1503 (2007)
^[7] Id. at. §1621(1)
^[8] Id. at. §1621(2)