And to think, only a few days ago, Bush thought a “commute” was something you attempt to pee in. This may help to explain yesterday’s act of public defecation on the justice system in the form of an order that Scooter Libby’s jail sentence “expire immediately.” Leave it to a man who believes that embryos are just tiny little sleeping babies that we can’t “murder” for stem cells to declare something “expired” that hasn’t even begun yet.
Unless you have been on an Ashram for the last 24 hours, you already know that Bush picked up his copy of the Constitution from under the otherwise wobbly table leg where it is normally kept and commuted Scooter Libby’s 30 month prison sentence. Article II, Section 2 of the Constitution grants the President the “power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.”
Mmmmmm…impeachment….
Oh yes, where were we? So, Scooter doesn’t have to go to jail. Paris Hilton does. This is all John “Don’t Call Me Cougar Anymore” Mellencamp-song worthy. “Aw, but ain’t that America…”
Because Scooter got a “commute” and not a “pardon,” according to the Sentencing Order (see documents at the end of this post), he still has to pay a $250k fine (incidentally, Judge Walton waived the interest on the fine, finding that Scooter was unable to pay) and a $400 assessment. He will also be on probation for 2 years. The terms of the probation require Scooter to stay employed, not get drunk, and not associate with persons actively engaged in criminal activity. All of this will basically require him to leave our nation’s capital.
Why Now?
Umkay, here’s what happened: On March 6, 2007, Scooter was convicted of Obstruction of Justice, making False Statements (2 counts) and Perjury. The main issue was the fact that when Valerie Plame totally got outed as a spy, Scooter was all “I have CRS, but I think Tim Russert told me” and Tim was all “Dude, I SO did not!” and the jury was all, “Scooter, you are totally just lying for your BFFs.”
Then, a whole bunch of people wrote letters nominating Scooter for sainthood and asking that the judge go easy on poor ol’ Scoot. Among the submissions were letters from Henry Kissinger (who confirmed that CRS is normal and rampant in public service), James Carville and even a flight attendant from Air Force 2 (the VP’s plane).
Next, Scooter’s lawyers (whose fees the White House should have to pay since the Dick and Bush knew all along that the pasty lickspittle wasn’t spending a second in jail) moved to release Scooter pending an appeal of the verdict. In order for a judge to allow that, Scooter would have to show (1) that he doesn’t pose a flight risk; and (2) that there is a chance that the appeal will be successful and the verdict will be reversed. Scooter’s lawyers argued, among other things, that the verdict might be reversed because they were prohibited from introducing a “memory expert” named Dr. Bjork to explain why “misremembering” is not the same thing as “lying.” Unsurprisingly, neither Judge Walton at the U.S. District Court for the District of Columbia, nor the three-judge panel at the U.S. Court of Appeals for the District of Columbia Circuit were moved by Scooty-bear's arguments.
Before the ink could dry on yesterday’s Appeals Court ruling of “Hell To The No” on the motion to release pending appeal, Bushie issued the order commuting Scooter’s sentence.
Different Rules for Scooter
The 30 month sentence was within the sentencing guidelines and there was nothing suspect about the judicial process. Some folks think the penalty was too harsh. I say: tell that to Victor Rita. Bush's Department of Justice just argued before the Supreme Court that Mr. Rita, who lied twice under oath, should be senteneced to 33 months in prison despite having a 24-year career in the Marines and being in failing health. Bush's team argued that, if the sentence is within the guidelines, its fair. End of story. Clearly, Bush only reserves his Texas "Tuff Shit" attitude for people without rediculous nicknames.
Why Commute?
Why commute and not pardon? A pardon would eliminate the fines and probation, too. Plus Scooter wouldn’t have to go around checking the box on an employment application that says “Have you ever been convicted of a felony?”
Probably because “Commuter” rhymes with “Scooter.” Now Bush can walk around calling himself “the Scooter Commuter.” Heh heh. He’s cracking up right now!
Frankly, I don’t know why Scooter wasn’t pardoned. It would make no difference. He could name Scooter the White House Memory and Veracity Czar and no one could think less of Bush than we already do. His poll numbers can’t get any lower without actual blood relatives turning on him. What Bush has done here is just another in a series of degrading and incompetent actions that have characterized this administration. Once again the integrity of the U.S. judicial system has been hurled under the wheels of the brakeless Bush Buddy Bus. I hope someday we can all “misremember” that.
Download denial_of_motion_for_release_621.pdf
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