White House Defends Bush Decision to Commute Scooter Libby's Sentence

Political uproar ensued when President Bush's commutated Scooter Libby's 30-month jail sentence. Libby was convicted of perjury and obstruction of justice, and sentenced to 30 months in prison, 2 years probation, and a $250,000 fine. Many on Capitol Hill disapprove of the President's actions. Deputy Assistant to the President, Scott Stanzel, in a press conference July 5, to defend the President's decision. His observation was that Congress is more interested in "mud fights" than moving forward with important legislation.

President Bush has taken heat from both sides of the aisle for his commutation of Libby's sentence. Bush tried to make it clear that he respects the judicial process of deliberation and the jury's decision. He took action, however, because he felt the sentence was excessive. According to Stanzel, Libby has paid the $250,000 fine. The felony remains on his record and he has two years probation to be supervised by probation officials.

July 3, U.S. District Judge Reggie B. Walton, a Bush appointee, questioned whether the sentence commutation eliminates probation. According to Stanzel, the White House is settled on the issue of probation whether it is actual probation, or two year supervision of some kind by the probation office. He stated that the terms of the probation or supervision were to be worked out by the judge, the attorneys, and the probation office.

The Congressional Judiciary Committee has requested an explanation of President Bush's decision and actions by 10 am, Monday. Stanzel's said he had not seen the request, but that the White House always complies in an appropriate and timely fashion. He advised the press that there have been 350 requests for documents and interviews, and over 600 oversight hearings since the Democratic Congress took office. Stanzel said that as a result of these requests and hearings over 200,000 pages of documents had been turned over by the White House to Congress. To this point, Stanzel commented that Congress has a lot of activity to show in terms of requests, hearings, and letter writing, but very little legislation on pressing issues such as national healthcare and immigration. Stanzel reminded the press that Congress has passed only 6 bills since this Congress convened. Stanzel suggested that congress was not moving forward, but was more concerned with playing politics.

When a journalist fingered Bush for doing the same thing, Stanzel responded that the Libby case was looked at on the basis of its merits. He affirmed the President's support of the jury's decision, and the President's decision that the jail time was excessive. Stanzel stated that President Bush, "did what he thought was the right thing to do" with the realization that he would take heat across the political spectrum. When asked whether President Bush was concerned that this would further affect his standings in the polls, Stanzel advised the press that this president "does not lead based on polls."

When asked if the action was retaliatory toward republicans who had broken rank with him on immigration and other issues, Stanzel advised that the President's decision was not retaliatory, if he had wanted retaliation he could have issued a full pardon. A member of the press pointed out that the door for a pardon has been left open. Stanzel skirted that point citing President Bush's sparing use of executive pardon and Clinton's excessive onslaught of pardons following the 2000 elections. Clinton issued over 200 pardons and commutations following the 2000 elections, and on January 20, 2001 he issued 141 pardons.

Stanzel serving as a Bush sentinel and danced around the issue of whether Libby would ultimately be granted a full pardon.

Scooter Libby was a former Assistant to the President, Chief of Staff for Vice President Cheney, and assistant on national security affairs. He was indicted on five felony charges for leaking information about former CIA operative Valerie Wilson. Libby was found guilty of perjury and obstruction of justice.

The United States Constitution grants the President the power to pardon, and commute sentences. Although Congress has tried to implement safe guards against sweeping pardons, according to the Constitution the President does not answer to the judiciary or congressional branch on the issue of pardons.

Sources:

Press Briefing by Scott Stanzel, July 5, 2007, 12:38pm EDT. Text, video, and audio available:http://www.whitehouse.gov/news/releases/2007/07/20070705.html