Zeev's Turnips Talk Politics (ZTTP)

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Bush Commutes Libby's Prison Term in CIA Leak Case (Update2)

By Edwin Chen

July 2 (Bloomberg) -- President George W. Bush commuted Lewis ``Scooter'' Libby's 2 1/2-year prison sentence in the CIA leak case, sparing him from punishment the president called ``excessive.''

Bush acted after a U.S. appellate court today refused to let Libby, 56, stay out of prison during his appeal. Libby, former chief of staff to Vice President Dick Cheney, was convicted of lying to investigators probing the 2003 leak of CIA official Valerie Plame's identity. Libby's backers had argued for a pardon.

``My decision to commute his prison sentence leaves in place a harsh punishment for Mr. Libby,'' Bush said in a statement. ``The consequences of his felony conviction on his former life as a lawyer, public servant and private citizen will be long- lasting.''

The president's action means that even though Libby avoids prison, his conviction stands and he is still required to pay the $250,000 fine ordered by a federal judge. He can continue to appeal his conviction and fine.

The question of whether to intervene in Libby's case had been termed a ``no-win situation'' for the president by David Gergen, who advised Presidents Richard Nixon, Ronald Reagan and Bill Clinton.

With Bush already suffering poor approval ratings, a Cable News Network/Opinion Research survey conducted after Libby's March 6 conviction found that 69 percent of respondents opposed a pardon while 18 percent favored it. Congressional Democrats, including Senate Democratic Leader Harry Reid, demanded that Bush promise not to pardon Libby.

`Important to React'

Bush's statement said that, with ``incarceration imminent, I believe it is now important to react'' to the appeals court's refusal to let Libby remain free.

At the same time, a pro-Libby firestorm was being fanned by self-described conservative bloggers and talk-radio hosts, and many conservative leaders asked the president to step in.

Until now Bush had stayed out of the case, with his aides saying he would let the appeal go forward.

Libby's supporters argued that special prosecutor Patrick Fitzgerald was over-zealous in prosecuting Libby for lying to investigators when no one was charged over the actual leak of Plame's status as a Central Intelligence Agency official.

Libby was convicted of obstructing justice, perjury and making false statements. He resigned as Cheney's chief of staff upon being indicted in 2005.

Wilson Column

Libby was found guilty of lying to Federal Bureau of Investigation agents and a grand jury probing whether the Bush administration deliberately leaked Plame's identity to retaliate against her husband, Joseph Wilson. In a New York Times column on July 6, 2003, Wilson accused the government of twisting intelligence to justify the invasion of Iraq earlier that year.

Plame's status as a CIA official was disclosed eight days later in an article by syndicated columnist Robert Novak. Novak testified during the trial that Plame's identity was provided to him by then-Deputy Secretary of State Richard Armitage and confirmed by White House political adviser Karl Rove.

Fitzgerald argued that Libby lied about his knowledge of the leak to protect his job. It's a federal crime to knowingly reveal the identity of a covert CIA agent, and the White House had announced that anyone who leaked Plame's identity would be fired. No one was charged with a crime or fired for the leak.

Libby's lawyers said national security matters kept him too preoccupied to remember details about the leak.

To contact the reporter on this story: Edwin Chen in Washington at [e-mail] .

Last Updated: July 2, 2007 18:06 EDT