President Bush's commutation of Scooter isn't that surprising. But his comments about why he commuted the sentence are:
[C]ritics 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....
Mr. Libby was sentenced to 30 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 30 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.
I agree with the President on these points. Defendants shouldn't be punished for conduct which they have not agreed to or which hasn't been proven to a jury beyond a reasonable doubt. First time non-violent offenders in many cases should not receive jail time. There are alternatives to incarceration that work in many many cases and will work for Scooter Libby. We don't have to worry that he will be reoffending.
The problem with the President's reasoning is that the Sentencing Guidelines prescribe this result and his administration continues to push these guidelines in every case, no matter the individual circumstances. This, of course, is wrong -- not just in Scooter's case, but in a great deal of cases. I hope sentencing judges and prosecutors look at the President's comments and see that the Guidelines need not be applied mechanistically in every case.
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Perhaps the sentencing commission will amend Chapter 5 to include "effects on a person's family" as a reason for a downward departure. Or don't they want to let the geenie out of that bottle?
ReplyDeleteA sad day for justice and Justice. I imagine some AUSAs will have to swallow hard before urging the DOJ party line of adherence to the Guidelines as a check against soft judges for some unconnected and unfavored defendant. I assume Tom Feeney -- the author of some sort of amendment to track judges who depart downward -- is quite upset that the president imposed his own super-downward departure. I'll await his outraged op-ed piece.
ReplyDeleteWhat the President did was wrong. He helped out a crony for a political reason. You do not have to be an AUSA or a defense lawyer to realize this. Just an honest person, without an agenda.
ReplyDeleteNew nickname: Skater
ReplyDelete1044 dont you think that bush will now push to end the crack powder discrepancy?
ReplyDelete10:44 said
ReplyDeletehey 10:32, you are kidding, right? that will only happen when someone in his administration (or their kid) gets nailed with crack. And, then the equalization will only be done via commutation for that particular person. Funny that Tony Snow stressed the need for individualized sentencing to justify turning Scooter loose. I have never seen that individualized sentencing need stressed at any other time by this (or other adminsitrations). To the contrary, any judge that tries to individualize sentencing gets labeled as an activist and has to be reported to Tom Feeney. What a load of bull.
Happy 4th of July y'all.