Documents on Libby commutation
on Jul 2, 2007 at 7:28 pm
The Supreme Court has not yet been drawn into the case of I. Lewis Libby, the former chief of staff to Vice President Cheney, who was convicted for perjury and obstruction of justice in the CIA operative leak investigation. The Court may yet get involved, because of basic issues now being raised in lower courts about the powers of the independent federal prosecutor who obtained the Libby conviction. Although the nature of the case changed Monday evening with President Bush’s grant of clemency to Libby, the conviction remains intact, and thus an ultimate appeal to the Supreme Court remains a real possibility.
President Bush on Tuesday wiped out the prison sentence given to I. Lewis Libby, the former chief of staff to Vice President Cheney, leaving intact other punishment for his conviction in the Valerie Flame leak investigation. The formal grant of executive clemency can be found here The decision means that Libby will serve no part of his 30-month prison sentence, but will still be required to pay a $250,000 fine, pay a special assessment of $400, and remain on supervised release for two years.
The President’s statement about his action can be found here. “I respect the jury’s verdict,” the President said. “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 President also said that, with the conviction intact, the “consequences…will be long-lasting” on the former vice presidential aide’s “former life as a lawyer, public servant, and private citizen.”
Under the Constitution, the decision to grant clemency is the President’s alone; there is no chance for court review.
Earlier on Monday, the D.C. Circuit Court refused to allow Libby to remain free while his appeal unfolds. The President said that is what prompted him to act to grant clemency. The Circuit Court issued this order:
“Upon consideration of the motion for release pending appeal, the opposition thereo, and the reply, it is
“ORDERED that the motion for release pending appeal be denied. Appellant has not shown that the appeal raises a substantial question under 18 U.S.C. sec. 3143(b)(1)(B). See United States v. Perholtz, 836 F. 2d 554, 555 (D.C. Cir. 1987)(per curiam)(substantial question is one that is ‘close’ or that ‘could very well be decided the other way’).”
The order in Libby v. U.S. (Circuit docket 07-3068) was signed by Circuit Judges David B. Sentelle, Karen LeCraft Henderson and David S. Tatel.
