Implications of Libby’s commutation

Interesting aspect of the Libby pardon.

Bush Rationale on Libby Stirs Legal Debate - New York Times

“By saying that the sentence was excessive, I wonder if he understood the ramifications of saying that,” said Ellen S. Podgor, who teaches criminal law at Stetson University in St. Petersburg, Fla. “This is opening up a can of worms about federal sentencing.”

The Libby clemency will be the basis for many legal arguments, said Susan James, an Alabama lawyer representing Don E. Siegelman, the state’s former governor, who is appealing a sentence he received last week of 88 months for obstruction of justice and other offenses.

“It’s far more important than if he’d just pardoned Libby,” Ms. James said, as forgiving a given offense as an act of executive grace would have had only political repercussions. “What you’re going to see is people like me quoting President Bush in every pleading that comes across every federal judge’s desk.”

In other words, Bush would have been better off just taking the obviously political approach of pardoning Libby rather than pretend it’s not political but some sort of correction of a justice system out of control.

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