Chris Matthew’s head will burst with this news.
Scroll down for Updates.
UPDATE: Presidential order and statement included.
From Breitbart.com
Former White House aide I. Lewis “Scooter” Libby cannot delay his 2 1/2-year prison term in the CIA leak case, a federal appeals panel unanimously ruled Monday.
The decision is a major setback for Libby, who is running out of legal options and who probably will have to surrender to prison in weeks. The ruling puts pressure on President Bush, who has been sidestepping calls by Libby’s allies to pardon the former chief of staff to Vice President Dick Cheney.
Libby was convicted in March of lying and obstructing the investigation into the 2003 leak of CIA operative Valerie Plame’s identity. He is the highest-ranking White House official ordered to prison since the Iran-Contra affair.
Libby believed he had a good chance of overturning the conviction on appeal and asked the U.S. Court of Appeals for the District of Columbia Circuit to put the sentence on hold. In a two-sentence ruling, the court refused.
The White House had no immediate reaction to the decision.
Libby’s supporters, who raised millions of dollars for his defense fund, immediately renewed calls for a pardon.
“I hope it puts pressure on the president. He’s a man of pronounced loyalties and he should have loyalty to Scooter Libby,” said former Ambassador Richard Carlson, a member of Libby’s defense fund. “It would be a travesty for him to go off to prison. The president will take some heat for it. So what? He takes heat for everything.”
Attorney William Jeffress said only that Libby’s defense team was weighing its options.
Those options are dwindling, however. The most likely move is an appeal to Chief Justice John Roberts, but it’s unlikely that Roberts would overturn a unanimous ruling to spare Libby prison. Barring such an intervention, it seems only Bush could spare Libby prison time.
Roberts is a Bush appointee but judicial politics haven’t helped Libby so far. U.S. District Judge Reggie B. Walton, who sentenced Libby and refused to delay the prison term, was a Bush appointee. Two of the three appellate judges who denied Libby’s request Monday were appointed by Republicans.
Last week, the U.S. bureau of Prisons designated Libby as federal inmate No. 28301-016. He soon will receive a time and place to surrender. The agency tries to place inmates close to home, which means candidates include prisons in Cumberland, Md.; Petersburg, Va.; Fairton, N.J.; Fort Dix, N.J. and Schuylkill, Pa.
As a first-time offender, Libby likely would be assigned to a minimum- security prison camp, where inmates sleep in bunks arranged in small cubicles with shared toilets. Whether drug dealers, insider traders, tax cheats or disgraced politicians, all prisoners are ordered to strip and submit to cavity searches on their way through the doors.
Bush and Cheney have said throughout the case that they felt sorry for Libby’s wife and children. But Bush has publicly dodged questions about whether he plans to pardon Libby or commute his sentence.
The leak investigation was a political cloud over the Bush administration for years. Special Prosecutor Patrick Fitzgerald interviewed Bush and Cheney and ordered key White House aides to testify before a grand jury.
The Presidential Grant Of Executive Clemency:
Grant of Executive Clemency
A Proclamation by the President of the United States of AmericaWhite House News
WHEREAS Lewis Libby was convicted in the United States District Court for the District of Columbia in the case United States v. Libby, Crim. No. 05-394 (RBW), for which a sentence of 30 months’ imprisonment, 2 years’ supervised release, a fine of $250,000, and a special assessment of $400 was imposed on June 22, 2007;
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, pursuant to my powers under Article II, Section 2, of the Constitution, do hereby commute the prison terms imposed by the sentence upon the said Lewis Libby to expire immediately, leaving intact and in effect the two-year term of supervised release, with all its conditions, and all other components of the sentence.
IN WITNESS THEREOF, I have hereunto set my hand this second day of July, in the year of our Lord two thousand and seven, and of the Independence of the United States of America the two hundred and thirty-first.
GEORGE W. BUSH
Statement by the President
White House News
The United States Court of Appeals for the D.C. Circuit today rejected Lewis Libby’s request to remain free on bail while pursuing his appeals for the serious convictions of perjury and obstruction of justice. As a result, Mr. Libby will be required to turn himself over to the Bureau of Prisons to begin serving his prison sentence.
I have said throughout this process that it would not be appropriate to comment or intervene in this case until Mr. Libby’s appeals have been exhausted. But with the denial of bail being upheld and incarceration imminent, I believe it is now important to react to that decision.
From the very beginning of the investigation into the leaking of Valerie Plame’s name, I made it clear to the White House staff and anyone serving in my administration that I expected full cooperation with the Justice Department. Dozens of White House staff and administration officials dutifully cooperated.
After the investigation was under way, the Justice Department appointed United States Attorney for the Northern District of Illinois Patrick Fitzgerald as a Special Counsel in charge of the case. Mr. Fitzgerald is a highly qualified, professional prosecutor who carried out his responsibilities as charged.
This case has generated significant commentary and debate. Critics of the investigation have argued that a special counsel should not have been appointed, nor should the investigation have been pursued after the Justice Department learned who leaked Ms. Plame’s name to columnist Robert Novak. Furthermore, the critics point out that neither Mr. Libby nor anyone else has been charged with violating the Intelligence Identities Protection Act or the Espionage Act, which were the original subjects of the investigation. Finally, critics say the punishment does not fit the crime: Mr. Libby was a first-time offender with years of exceptional public service and was handed a harsh sentence based in part on allegations never presented to the jury.
Others point out that a jury of citizens weighed all the evidence and listened to all the testimony and found Mr. Libby guilty of perjury and obstructing justice. They argue, correctly, that our entire system of justice relies on people telling the truth. And if a person does not tell the truth, particularly if he serves in government and holds the public trust, he must be held accountable. They say that had Mr. Libby only told the truth, he would have never been indicted in the first place.
Both critics and defenders of this investigation have made important points. I have made my own evaluation. In preparing for the decision I am announcing today, I have carefully weighed these arguments and the circumstances surrounding this case.
Mr. Libby was sentenced to thirty months of prison, two years of probation, and a $250,000 fine. In making the sentencing decision, the district court rejected the advice of the probation office, which recommended a lesser sentence and the consideration of factors that could have led to a sentence of home confinement or probation.
I respect the jury’s verdict. But I have concluded that the prison sentence given to Mr. Libby is excessive. Therefore, I am commuting the portion of Mr. Libby’s sentence that required him to spend thirty months in prison.
My decision to commute his prison sentence leaves in place a harsh punishment for Mr. Libby. The reputation he gained through his years of public service and professional work in the legal community is forever damaged. His wife and young children have also suffered immensely. He will remain on probation. The significant fines imposed by the judge will remain in effect. The consequences of his felony conviction on his former life as a lawyer, public servant, and private citizen will be long-lasting.
The Constitution gives the President the power of clemency to be used when he deems it to be warranted. It is my judgment that a commutation of the prison term in Mr. Libby’s case is an appropriate exercise of this power.
Tracked to: Right Voices, Michelle Malkin, Hot Air
Democrats Object To Pardon:
[...] Bush Commutes Scooter Libby | Stuck On Stupid [...]
Who is repuplican? I do not care what denomination you are . BUSH Sucks.
"I respect the jury’s verdict. But I have concluded that the prison sentence given to Mr. Libby is excessive." (poor Libby) "Therefore, I am commuting the portion of Mr. Libby’s sentence that required him to spend thirty months in prison." How political is that?
And yet he will not even look at the two border patrol officers in jail now for just doing their job.
How nice.