The Libby Clemency

President Bush’s clemency for the prison time for Scooter Libby is, in my estimation, wrong. Certainly there is the case that the President said that whoever was responsible for the leak should be punished, and even though Libby wasn’t the source of the leak (and the source of the leak goes uncharged for any crime) he was still found guilty of lying to a grand jury. That’s the same crime that brought impeachment onto Bill Clinton. In my mind, Democrats are right in protesting this decision. Is 2 1/2 years too long for Libby, with the punishment being overkill for the crime? The President’s statement notes that he thinks so, especially when the judge didn’t take into consideration a number of mitigating circumstances. Nonetheless, even though Libby will still be on probation and still have a felony on his criminal record, I think the President should have stayed out of this. Lying in the justice system shouldn’t be any easier when a politically-aligned President is in office.

President Clinton, in defending his pardon of Mark Rich, et. al., had this to say.

First, I want to make some general comments about pardons and commutations of sentences. Article II of the Constitution gives the president broad and unreviewable power to grant “Reprieves and Pardons” for all offenses against the United States. The Supreme Court has ruled that the pardon power is granted “[t]o the [president] . . ., and it is granted without limit” (United States v. Klein). Justice Oliver Wendell Holmes declared that “[a] pardon . . . is . . . the determination of the ultimate authority that the public welfare will be better served by [the pardon] . . .” (Biddle v. Perovich). A president may conclude a pardon or commutation is warranted for several reasons: the desire to restore full citizenship rights, including voting, to people who have served their sentences and lived within the law since; a belief that a sentence was excessive or unjust; personal circumstances that warrant compassion; or other unique circumstances.

The exercise of executive clemency is inherently controversial. The reason the framers of our Constitution vested this broad power in the Executive Branch was to assure that the president would have the freedom to do what he deemed to be the right thing, regardless of how unpopular a decision might be. Some of the uses of the power have been extremely controversial, such as President Washington’s pardons of leaders of the Whiskey Rebellion, President Harding’s commutation of the sentence of Eugene Debs, President Nixon’s commutation of the sentence of James Hoffa, President Ford’s pardon of former President Nixon, President Carter’s pardon of Vietnam War draft resisters, and President Bush’s 1992 pardon of six Iran-contra defendants, including former Defense Secretary Weinberger, which assured the end of that investigation.

All true, none of it in question, and all of which applies here, too. It’s just that most folks who would be inclined to do this don’t pick up on the nuance and unique circumstances of a particular pardon. Punishment not only helps deter the offender from doing it again, it helps convince others not to try it. It needs to be allowed to work.

Sorry Dubya. Can’t get behind you on this one.

Technorati Tags: Lewis Scooter Libby, George W. Bush, clemency, Bill Clinton

Filed under: Government • Politics • Republicans

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