Leniency for Libby and the '08 presidential race

Bush's decision to commute the prison sentence of Cheney's former aide could pose a challenge for GOP candidates.

By Linda Feldmann | Staff writer of The Christian Science Monitor

from the July 5, 2007 edition

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Washington - If President Bush's goal in commuting I. Lewis "Scooter" Libby's prison sentence was to make sure the former top White House aide did not have to go through the humiliation of spending time behind bars, then he succeeded.

What the president may not have anticipated was the extent of the furor he has unleashed. Not only are Democrats outraged, as expected, but he also faces the wrath of conservative Republicans who long lobbied for a full pardon, not the part-way measure that leaves Mr. Libby's conviction intact and other pieces of his sentence in place – a $250,000 fine and a two-year probation.

The day after Bush stunned Washington with the July 2 announcement that he was commuting Libby's 30-month prison sentence, following the aide's four-count conviction for perjury and obstruction of justice, the president stated that he did not rule out a pardon in the future. Thus, the commutation does nothing to put the pardon question to rest, and only gives critics more fodder as they accuse the White House of cronyism in helping one of its own.

Even the US district judge in the case, Reggie Walton, is not resting easy. On Tuesday, he filed a court order saying that federal law "does not appear to contemplate a situation in which a defendant may be placed under supervised release without first contemplating a term of incarceration." Judge Walton gave the lawyers in the case until Monday to put forth recommendations for handling the situation.

Still, it is beyond dispute under the US Constitution that the president has the right to issue pardons and commute sentences. But that does not mean the president and his party escape political fallout. For Bush, there's little to lose in public opinion; with job approval rating below 30 percent in major polls, he is already down mostly to core supporters, given that few independents back him and even fewer Democrats.

But for the GOP presidential candidates, the Libby commutation represents one more awkward news point out of the White House that requires a response. So far, the responses have been positive. And even if supporting Bush's move is likely not to hurt candidates in their race for the nomination, it could pose challenges in the general election, when creating distance from Bush will be the name of the game.

"While [the commutation] may not be earth-shattering within the party, it could have an impact in the general next year," says Republican strategist Tony Fabrizio. "Certainly, it is a rallying point for the Democrats, and we don't need to be giving them any more rallying points."

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