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White House: Probation for Libby

Last week, the judge presiding over Scooter Libby's case said he was confused: the president's commutation of Libby's sentence had eliminated the jail time, but left in place the two-year period of supervised release that was to follow incarceration. By law, supervised release follows a prison sentence .It wasn't immediately clear how to deal with that, so the judge asked the two parties to weigh in on how they thought this should be resolved. There have been whispers that Libby might not even have to serve his two years of probation as a result of the discrepancy.

Today, White House counsel Fred Fielding wrote Patrick Fitzgerald in an effort to clear this up. When the president said "supervised release," he meant it, no matter if that clashes with the law. The president's commutation power would "unmistakably govern," Fielding wrote. You can read the letter here.


Comments (38)

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Uh...what? "Unmistakably govern"? Is this phrase even a legal term?

So Bush can unilaterally now change the law at whim? Wow....

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Technically, didn't Libby serve "one day" by being processed and assigned an inmate number?

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What good would probation do, at least for the first 18 months? If he violated probation and was ordered to prison by a judge, Bush would just commute that jail time as well!!

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Who is paying for the expensive legal help the White House is getting these days? Could it be, we the taxpayers?

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Oh, please, don't tell me you people never heard of Clinton, for instance, laying down rules how the execution of laws would take place?! Clinton used "signing statements" too.

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OK, is it just me, or does anyone notice the multiple references to July 22, 2007? Careless for a lawyer, or is the number of letters being drafted by Feilding exceeding the review capacity. Just a joke.

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Jake the troll is disgruntled because he knows he can't do anything to stop the administration from self distructing. Since his retirement from Disneyland, Jake has started two new jobs. Beside being a paid troll. Jake also greets customers at the Walmart on Crenshan Blvd. in L.A. Jake's posts remind me of that brown stuff running down the back window of Romney's station wagon, LOL.

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Just because the President says something doesn't "make it so". He is neither Captain Picard nor Caligula. If Bush's pardon relieved Libby from jail time, but said nothing about probation, Bush simply did not deal with the issue, no matter what he was thinking (or not) and no matter what Fielding says after the fact. The legal consequences, which Bush generally disdains anyway, must be sorted out by the courts in accordance with statutory and case law.

Mr. Bush's commutation apeared hurried and it was, just in case the court sent Libby to jail before Bush finished yet another vacation. (He has spent more than two years of his six and a half as President at either Camp David or the Crawford Faux Ranch.) But various versions of the commutation/pardon had no doubt been planned for months.

So the inattention to the issue of probation seems purposeful. Either they didn't care, or they preferred to pass on the confusion to Judge Walton in a fit of laziness and pique. "Let the court sort it out" rather than "Let them eat cake," so to speak. It would have little impact on Libby and will probably be dispensed with after the November 2008 election.

Alternatively, followign Rove's logic, they knew of the quandary the narrow language of the commutation would lead to, and laid it on Judge Walton's head. If he had to relieve Libby from probation because the statutes don't allow it absent a jail sentence, then that's a stick in the eye to Walton, and he pushes it in himself. Rove thereby gets to blame it on Walton and not Bush. Not the way most people think, mind you, but it's how Rove and Cheney do.

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Jake:
Oh, please, don't tell me you've never heard of a little kid screaming, "Well, he did it, too." for a defense; can you come up with any examples of Clinton not enforcing the law? Can you defend Bush without saying "Clinton did it, too?

Facts, not pr; unless you're just a pr hack, that it.

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obviously, these guys are covering their asses. they know that a pardon means Libby could be compelled to testify to congress or in other investigations. this was a huge f***up and Fielding knows it.

the Boy King thinks that he is the law. interesting what happens when you get CEO types running the govt isn't it??

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Hello Jake, you old jerk off. The guys on the grounds crew today are too young to remember Vietman, but they are all familiar with the stories of how you used to masturbate after watching co-eds walking around campus whike you leaned on your rake.

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What part of "NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, pursuant to my powers under Article II, Section 2, of the Constitution, do hereby commute the prison terms imposed by the sentence upon the said Lewis Libby to expire immediately, leaving intact and in effect the two-year term of supervised release . . ." said nothing about probation?! In case you didn't know, "supervised release" = "probation". Next question?

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SPENCER ADAMS:

In case you missed my very first post, I already pointed out that Libby served "one day" by being processed and assigned an inmate number -- by point about Clinton was in response to the "chicken little" claims that Bush is doing something never, ever done in the entire history of the republic!

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Bush cannot make up Libby's sentence or impose his own version of it; he can only commute or pardon all or part of it. Bush's statement regarding keeping supervised release intact cannot have that effect if the statutes don't otherwise permit it.

Mr. Bush may want the authority to rewrite or ignore legislation at will, but he doesn't have it. Since the statutes appear silent on this issue, it will be up to Judge Walton and the DC Circuit to fill in another gap left us by Mr. Bush.

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Technically, didn't Libby serve "one day" by being processed and assigned an inmate number?

Posted by: Jake
Date: July 9, 2007 1:59 PM

No, because he was presumed innocent at the time. And he was presumed to sufficiently know the meaning of "good faith" to not attempt to flee prosecution.

In addition: it is standard that appeals to remain out on bail while appealing conviction are denied.

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How does being subject to an administrative process before being sent to jail qualify as time in jail? Would it count toward the thirty months Mr. Libby was to have spent in jail?

All of which is beside the point. The Libby pardon is unlike any of Mr. Clinton's, except in that it is also an abuse of the pardoning power. It is, however, exceptionally like the Iran-contra pardons of Bush Pere. Mr. Rich's alleged cheating on his taxes, for example, seems rather less dangerous to the Republic than lying to obstruct a federal investigation into whether the President or Vice President (as well as others) may have committed crimes.

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Oh, please, don't tell me you people never heard of Clinton, for instance, laying down rules how the execution of laws would take place?! Clinton used "signing statements" too.

Posted by: Jake
Date: July 9, 2007 2:05 PM

Irrelevant --

1. Clinton isn't in office;

2. The war crime of torture cannot be made legal -- even by means of "signing statement"; yet Bushit relies on the uninformed, and the hyperpartisan REPUBLICANS who put party before Constitution, rule of law, and country, to lie that he can.

Correct, "Jake"?

But, "Jake," we know where you're coming from, "Jake," right "Jake"? --

1. The first WTC bombing occurred a month after Clinton took office -- so it was Clinton's fault

2. The 9/11 destruction of the WTC occurred 8 months after Bushit bullied and stole his way into office. Therefore, it was Clinton's fault.

The perpetrators of the first WTC bombing -- as with the Madrid bombings -- were persued and arrested and prosecuted and imprisoned. Clinton did not invade and bomb New Jersey in order to accomplish that; instead, he used all the tools necessary and applicable, including that of criminal law and international policing.

Bushit and his drooling chickenhawk ass-kissing followers mock the use of policing and criminal law, even though effective: where's Osama, "Jake"?

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What part of "NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, pursuant to my powers under Article II, Section 2, of the Constitution, do hereby commute the prison terms imposed by the sentence upon the said Lewis Libby to expire immediately, leaving intact and in effect the two-year term of supervised release . . ." said nothing about probation?! In case you didn't know, "supervised release" = "probation". Next question?

Posted by: Jake
Date: July 9, 2007 2:45 PM

What part of "The war crime of torture cannot be made legal even with a 'signing statement'" do you not get?

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SPENCER ADAMS:

In case you missed my very first post, I already pointed out that Libby served "one day" by being processed and assigned an inmate number -- by point about Clinton was in response to the "chicken little" claims that Bush is doing something never, ever done in the entire history of the republic!

Posted by: Jake
Date: July 9, 2007 2:48 PM

What part of "The war crime of torture cannot be made legal, even by means of 'signing statement'" do you not understand?

Substantiate that Bushit _isn't_ the only white house occupant to illegally attempt to legalize torture against Constitution, US Federal law, and international law.

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I'd like Jake to explain to us all why it's so important to Bush and Cheney that Libby not serve time in jail for the crimes of which he was convicted.

It's pretty clear to most of us that Libby knows stuff that could put Bush and Cheney behind bars for a lot longer than 30 months. (BTW, if Bush or Cheney gets prison time, does the Secret Service guard them whil they're in prison? Inquiring minds and all that.)

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JNagarya:

Libby was presumed innocent AFTER his conviction and sentencing?? That's when he was assigned an INMATE number.

mbbsdphil:

While I never practiced criminal law, I understand that it would have indeed counted as "one day" toward the thirty months Mr. Libby was to have spent in jail. Are you saying that Clinton's pardon of Rich was an "abuse"? Because I think there would be some disagreement with you on that.

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All of which is beside the point. The Libby pardon is unlike any of Mr. Clinton's, except in that it is also an abuse of the pardoning power. It is, however, exceptionally like the Iran-contra pardons of Bush Pere. Mr. Rich's alleged cheating on his taxes, for example, seems rather less dangerous to the Republic than lying to obstruct a federal investigation into whether the President or Vice President (as well as others) may have committed crimes.

Posted by: mbbsdphil
Date: July 9, 2007 3:11 PM

Here we go go again . . .

Even though the pardon power is unreviewable, the "We never do wrong" hyperpartisan REPUBLICAN-controlled Congress went over Clinton's pardons with a fine-tooth comb seeking dirt by means of which to engage in yet another round of Clinton bashing based upon lies.

However, the hyperpartisan REPUBLICAN-controlled Congress found nothing amiss in Clinton's pardon. He did not abuse the power.

And you leave out these facts:

1. Oh-so-innocent convicted felon "Scooter" Libby was the person who lobbied for his client, the oh-so-despicable-solely-because-associated-with-the-Clinton-Administration Marc Rich, for a full pardon.

2. That petition, along with all others received, was reviewed by the unit in the DOJ designated to do so. That unit then brought the possible pardons to Clinton for his decision on them. He was disinclined to pardon -- to any degree -- Marc Rich, but three individuals from that unit in the DOJ pprevailed upon him to do so, and he did.

And that pardon only absolved Rich of the bogus charges brought against him by US AG Rudy Guliani. The remainder of the charges against Rich stood.

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Isn't it funny Jake. Just like those they hate the supposed Democratic posters attack you and NOT what you post. You have to be careful what you hate, you become like it.

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P.S. to JNagarya:

I would be happy to debate alleged "war crimes" and "torture" if there's ever such a thread -- this one is about "Probation for Libby" -- got anything else on that?

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P.J. Evans:

I believe Bush explained himself more than adequately on that issue:

"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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This did look like an attempt to push the matter back into Judge Walton's lap. I seem to remember some claim that it was up to the Judge. This collected a lot of flak speculating that Bush intended to let Libby off from probabtion if he could blame it on the Judge. So after the flak, this clarification.

"Technically, didn't Libby serve "one day" by being processed and assigned an inmate number?" says Jake.
Jake, since you claim legal training, cite some authority for this provision: No one here will accept that you are interacting with us in good faith without it. Even a limited amoung of legal training makes it obvious that the law does not always do what is logical and the idea that being assigned a number is equivalent to serving one day is not even logical.

Since pardoning and commuting are among the powers of the Presidency is it logial -- but not necessarily the historical case -- that a President can commute all prison time and retain the probation as a lesser included punishment. Bush may, however, have muffed a techinical requirement to do so. He has certainly missed an opportunity to do so smoothly since the Judge was left with the impression that he was faced with the choice of violating a statute or doing what Bush commanded. This is a problem if we are a nation of law, not a nation with kings.

But mostly, this is all quibbles and a distraction from the main question which is: What will the evidence show as to whether or not Bush used this particular form of commutation to obstruct justice by limiting Congress's ability to get Libby's testimony. If Bush has nothing to hide, he should stop trying to hide it.

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What isn't funny, JDet?

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It matters not what the constitution says, when it comes to the President he has acted immorally and shall be judged for his transgressions.

"A man of morals and no faith is preferred over a man of faith with no morals."

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"supervised release" = "probation".


Incorrect, Jake.

"supervised release" = parole

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Ah, good to know the lack of attention to detail of the bushies is the same whether its saving americans from katrina or saving their golfing buddy from justice. At least they're consistent.

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Like a Tony Snow presser, the President's self-contradictory words tell us very little. They don't accurately describe the Libby case. They don't describe Mr. Bush's motivation: very little research would reveal that the sentence was less than half the average sentence for obstructing a federal investigation, and lots of good folks fall off the rails, commit felonies and spend time in the slammer. The courts and prisons are full of them.

It is objectively true that the president's action relieves Libby of any consequence he himself must pay, while keeping in place Mr. Libby's jeopardy, pending the outcome of his appeal. That allows Mr. Libby to plead the Fifth and say nothing, preventing Fitzgerald from continuing his investigation of what may be an ongoing crime.

That Mr. Bush lives in a land of wishful thinking this anecdote attributable to Colin Powell makes clear: Mr. Bush, using his guts (not his limited courage), looked into Vladimir Putin's eyes and saw his soul; Colin Powell used his brain and knowledge, and saw the ruthless but effective head of the KGB.

Bush knows keeping Libby quiet for life is good for him. Only his intimates know how good it is for everybody else - except the rest of America.

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P.S. to JNagarya:

I would be happy to debate alleged "war crimes" and "torture" if there's ever such a thread -- this one is about "Probation for Libby" -- got anything else on that?

Posted by: Jake
Date: July 9, 2007 3:41 PM

And you've never railroaded a thread before Jake? Quit playing Calvin-ball, signing statements don't make torture legal.

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This Libby story reminds me of the buildup for the war. Anyone paying the least bit of attention knows where the lies are, the scoundrels barely try to conceal them, but the decision makers pretend to have no idea of the time of day.


If I knew Saddam didn’t pose a threat, the President and Congress knew it. If I know why Libby was not given a full pardon, Congress and the President know it. It’s not rocket science.

What I’ll never, ever, neverever understand is why so many of our representatives play along. The rational part of my brain tells me the answer could only be that they support the actions; the emotional part of my brain won’t allow me to believe the deception is as large as it must be.

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Sen. Leahy understands why Libby was not given a full pardon. I heard him say today on Ed Schultz's radio show that, as soon as Libby was indicted, he, Leahy, predicted that Libby would never go to jail, and that the Bush administration would find a way to keep him from having to testify.

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The closest comparison to what BushBoy did in commuting Libby's sentence is his father's pardoning the Iran-Contra felons and indictees. Both father and son had a measure of self-interest, as well as concern for their appointees and supporters--wouldn't want anyone facing jail time to try to bargain it down by spilling any info about the higher-ups.

But, somehow, this is never noted by Republicans and by most MCMers*. I wonder why....

*MCMers--Members of the Mainstream Corporate Media

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I don't know the difference between "parole" and "probation" as I have not been able to find the intricate technicalities of Bureau of Prison processing -- I never practiced criminal law -- I was simply asking whether Libby served "one day" (which is what I've heard in the case, in response to Judge Walton's question about that issue).

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I also note that shipwreckedcrew pointed out on another thread that the imposition of the term of imprisonment hasn't evaporated by virtue of the clemency -- it's just been discharged -- in other words the effect of the clemency is to simply put Libby in the same position as he would have been the day after his last day in federal prison. Sounds like a no-brainer to me.

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Back on topic -- it seems that Fitzgerald agrees with me -- are you all so sure that he was not part of the CONSPIRACY to protect Bush / Cheney:

". . . even if actual service of some term of imprisonment were required for the supervised release to remain if effect, it is the policy of the Bureau of Prisons (BOP) to grant defendants one day of credit for the day during which defendants are processed by the Marshal's Service (even if the person is released on bail). Accordingly, for purposes of calculating the amount of time defendant Libby would have served in prison, the defendant, like all other processed and released on bail, would in fact be credited with one day of imprisonment, and thus supervised release may follow."

http://www.talkingpointsmemo.com/docs/fitzgerald-probation/?resultpage=3&

I thought I had seen that right about BOP policy.

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