'Scooter' Libby case

The decision by President Bush to commute the sentence of vice-presidential aide Lewis "Scooter" Libby is the act of a man who…

The decision by President Bush to commute the sentence of vice-presidential aide Lewis "Scooter" Libby is the act of a man who has a year and a half left in office and does not have to worry about re-election.

With polls showing him to be more unpopular than ever, it will cost Mr Bush little politically to placate his neo-con supporters by saving one of their own, and a loyal ally, from jail despite the inevitable, and righteous, cries of outrage at what is seen as condoning the leaking by the White House of a CIA agent's identity for political advantage.

Although Libby was not charged with leaking, he was implicated in the cover-up and was convicted of obstructing justice and lying to federal investigators - he is to date the only one to face prosecution in the affair because it now appears that the original leaking (by Richard Armitage, Colin Powell's deputy in the State Department) was technically not an offence.

Libby's supporters are, nevertheless, disappointed that the president did not go all the way and grant a full pardon, erasing the conviction, and that he left in place two years' probation, a $250,000 fine, and the probability of disbarment. Yesterday Mr Bush refused to rule out a full pardon in the longer term, but, keen not to be too associated with the dirty tricks, he also claimed he was motivated primarily by the "excessive" 30-month sentence, citing Libby's unblemished record and his "exceptional public service". The commutation was granted ahead of appeal to ensure Libby did not have to spend any time in jail.

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Mr Bush has been more sparing in his use of pardons than any of his predecessors in the last 40 years. But, in exercising his sweeping constitutional prerogative "to grant reprieves and pardons for offences against the United States, except in cases of impeachment", he did, however, break with precedent in not consulting the Justice Department or the Libby prosecutor. Departmental guidelines also suggest pardon recipients should serve their sentences and demonstrate contrition before getting presidential absolution.

The impression is left of a nasty smear campaign that reflects very poorly on the administration. Valerie Plame, the outed undercover CIA agent, had committed no offence other than marrying the former ambassador, Joseph Wilson. His offence, for which she would be punished in an act of disgraceful vindictiveness, was to accuse the administration, quite justifiably, of manipulating intelligence on Iraqi weapons of mass destruction to build its case for war. And now a willing participant in the dirty tricks walks free.