Commutation of Libby's Sentence

[toasty]

Some conservatives are disappointed that Libby received a commutation of his sentence rather than an outright pardon. If I may put on my tin-foil hat here for a moment, though, I heard this theory regarding the commutation that was pretty interesting, and would probably make those Bushies happy that are more interested in seeing the administration get away with it than justice. Theory assumes the following:

• Libby was charged with obstruction of justice and perjury in the context of an investigation that directly implicated both the offices of the President and VP.
• Ergo, had Libby not lied/obstructed the investigation, unsavory facts about the Pres and VP's involvement in the whole Plame thing could have come out.
• Instead, Libby takes the fall and is convicted, protecting Bush and Cheney
• Bush then gets Libby off by commuting his sentence.

Here's the kicker, though -- had Bush pardoned Libby, Libby would be immune from prosecution and if called upon to testify before Congress, would have no basis for invoking his 5th Amendment right against self-incrimination, potentially exposing Bush and Cheney. By commuting his sentence and keeping the conviction and appeal alive, though, Libby may continue to assert the privilege if called to testify.

Was this planned all along?
Did Libby go to Bush and say, "Look, either you keep me out of jail or I'm going to sing like a canary?," and they cut this deal?
Or did Bush really decide that Scooter should be punished, just not in jail?

I'm not saying it definitely happened this way. At this point, though, it wouldn't surprise me...

[Huggie Smiles]

Re: Commutation of Libby's Sentence

i'm sure it was planned. they just waited to see if they could get around it, by a not guilty trial - and then no fuss would have been made. As it was, Bush had to step in.

nice detail tho regarding the 5th amendment issue - thanks

[rubyraks]

Re: Commutation of Libby's Sentence

very interesting analysis there toasty...


things that make you go hmmmmmm.................

[superdave]

Re: Commutation of Libby's Sentence

Nice one on the theory. Regardless, I thought the 30 month sentence was too long. He deserved to be punished, but not nearly 3 years in jail.

[chloe harris]

Re: Commutation of Libby's Sentence

i wouldn't have gotten off if i had been charged with obstruction of justice and perjury, so he shouldn't have either. he's just a regular guy, who makes wayyyy too much money hiding info.

america's gov is ridiculous.

[cosmo]

Re: Commutation of Libby's Sentence

He needs to be fully pardoned.

[toasty]

Re: Commutation of Libby's Sentence

He needs to be fully pardoned.

Be careful what you wish for. The more I think about it, the more I think that the decision to commute rather than pardon had more to do with keeping him from testifying and less to do with changing the punishment to something Bush believed was more appropriate. The people around Bush are too smart to do anything that would have the effect of allowing Libby to testify.

The remaining sentence is like nothing at all. I'm not sure there is anything official about the "Scooter Libby Defense Fund" that would prevent him from being reimbursed for that fine from that fund, but even if he isn't, $250,000 to a guy like that is like paying a traffic ticket for the average person. And the probation? I'd be interested to see what would constitute a violation of his probation. Is he not allowed to lie under oath any more? Does it even matter if he violates his probation, since Bush would commute any new sentence, too?

Once again, the rule of law takes a hit in the name of cronyism.