If the claim of the president is that the prison sentence was 'excessive,' why didn't he simply reduce the sentence to a period he deemed was not excessive, like six months. Once again, his actions are not ordered by anything resembling respect for the rule of law or the language of logic. Clearly, there was never any intention on the part of this administation to allow Scooter Libby to serve any jail time. And watch and see how Libby crops up in a few years as the head of a Cheney-crony corporation or a position of influence.

I would prefer to see Rove and Cheney doing the time anyway, then Bush.

No Federal Caselaw supports this illegal assertion of non-delegated Judicial Power.

Only Two Options: The President illegally created a new, third option outside what the Framers intended. This option only exists for Governors.

The President has two options in re Libby: To issue a reprieve or a pardon. Neither was done.

"he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment."

Article II

There is no mention of "commutation" in the Constitution, only pardons and reprieves. The three are not the same.

Definitions

All actions related to the Libby commutation fall outside the Constitution.

Reprieve: "postpone the punishment of a convicted criminal, such as an execution" -- The President did not do this, but gave him "half a pardon". This is illegal--Nothing was postponed; ,b>some of the sentence was ignored.

Pardon: "forgiveness: the act of excusing a mistake or offense. This was not done.

Commutation: The reduction of a sentence, as from death to life imprisonment. This was not lawfullyl done; the President was delegated no power to do this. He may only issue pardons or grant repreives.

Conclusions

1. Non-delegated

The President asserted a non-delegated judicial power. The Constitution and no precedent supports this action. The "commutation" option does not exist in the US Constitution, only at a State level by governors.

2. Unlawful action

The President has illegally reduced the sentence of Libby. He has the power to delay the entire the sentence [reprieve]; or he can forgive Libby [pardon]. The President chose to do something that was a "middle option," but that option does not exist.

3. War Crimes

The President's actions in re Libby today are Unconstitutional, and linked apparently with efforts to reward Libby for thwarting the Geneva Conventions in re unlawful retaliation against witnesses to war crimes.

4. Obstruction of Justice

The President has illegally asserted powers not delegated in re Libby sentencing. This is illegal, impersmissible, and suggests obstruction of justice to reward Libby for retaliation and other illegal activity.

Must be the inventive legal brain of Addington at work again. This offers very great advantages for Bush: he can pardon by degrees- a sort of sneaky pardon (probably Libby will not pay the fine, he will receive a full pardon later). Bush dodges some of the onus of issuing a "political pardon" but achieving the same effect. All the future Libbys to come have been shown that Bush has invented a new way to relieve them of their sentences. They will take heart and not turn evidence, being assured of their "commute" in due course, and ultimate pardon. Thus Bush relieves himself of the onus of wholesale "political pardons" while safeguarding himself against those who might turn evidence against him.
Unless this new power of "commute" is successfully challenged, Bush has out-maneuvered his adversaries (with the help of that clever Addington!)

We the People Must Intervene To Lawfully End This Abuse of Power

Bush Illegally Trumps Court Order: Congress Celebrates Defiance of Law; Actions Violate Geneva Conventions

Scooter Libby was convicted because of his efforts to retaliate against others for their attempts to comply with the Geneva Conventions. The President's commutation of Libby's sentence is a breach of the Geneva Conventions. No
US Government official may take any action which reward illegal violations of Geneva; or rewards those who retaliate against others for their attempts to comply with Geneva.

Ambassador Wilson attempted to fully comply with Geneva. The President has illegally rewarded Libby for his unlawful efforts to retaliate and corrupt the Judicial system attempting to review this illegal activity. The President's conduct today is not compatible with his oath of office or the Geneva Conventions.

Nuremberg Precedent Is Clear

It is serious what the President today did: He defied the legal system; rewarded war criminal conduct; and obstructed justice in re war crimes reports. Civilized nations do challenge this offensive, illegal conduct, especially when the Executive Rewards retaliation against witnesses of war crimes.

However, there is a problem at the Federal level. The President can be confronted two ways: First through impeachment; or through prosecution. The Congress has impermissibly taken impeachment off the table. Prosecutions at the Federal level are not viable.

These are issues of war crimes: The President is rewarding those who retaliate against US citizens who provide evidence of war crimes. This is a subsequent violation of Geneva.

"Under any civilized judicial system he could have been impeached and removed from office or convicted of malfeasance in office on account of the scheming malevolence with which he administered injustice."

Bush has, in effect, convinced Congress to block impeachment; has corrupted the Administration of Justice within DoJ; and has permitted illegal warfare; and retaliated against US citizens attempting to provide evidence of that illegal warfare. These are grave breaches of Geneva, impermissible, and cannot be rewarded.

Judicial Branch

"The court’s order demonstrates that even the most powerful members of our society must comply with the rule of law."

Executive Branch

Change to read:

The President's commutation of Libby's Sentence court’s order demonstrates that even the most powerful members of our society can be rewarded for refusing to respect must comply with the rule of law.

Congress

Congress could trump the Executive if Libby were impeached. yes, former US government officials have been impeached; and Bush would be stripped of any power to pardon Libby for anything.

What Just Happened

The President said it was permissible for US government officials to retaliate against the intelligence community using illegal methods; and to mislead a Grand Jury about these facts. Bush just gave three cheers for:

These are issues which relate to unlawful retaliation against US citizens for their attempt to report facts related to Geneva violations. Ambassador Wilson correctly reported in contravention to Geneva, there was no imminent threat; and the data from Niger did not support combat operations in Iraq. The President's commutation of Libby's sentence impermissibly rewards the Geneva violations, and efforts of others to report facts related to those violations.

Implications of Bush's Commutation of Libby's Sentence

Abusing the Grand Jury: They worked diligently to review the evidence, were blocked, and were not able to complete their work. This President impermissibly says that he can overrule the judgement of a Grand Jury. The President has no power to reward violations of Geneva. This is impermissible.

Condoning lies to the American public-Grand Jury: The President has denied the Judicial Branch the power to impose a final sentence for compromising CIA agent's identities. The President says it is permissible to corrupt war crimes investigations. This is impermissible.

Interfering with the legal process: The President is rewarding those who ignore the judicial process and lie to the Grand Jury. This is not permissible. The President says he alone can reward violations of Geneva. This is impermissible.

Obstruction of Justice: Not cooperating with investigations to find out facts important for a Grand Jury. The President is rewarding those who intimidate witnesses of war crimes. This is impermissible.

Condoned retaliation against US intelligence community correctly reporting facts related to Geneva violations, illegal warfare, and the lack of evidence related to non-imminent threats.

The Offensive Conduct

The President has insulted the Judicial Branch and defied the Treaty Obligations of Geneva. He has also impermissibly affected the Administration of Justice in the United States in re Geneva:

Misleading the US Atty and Patrick Fitzgerald

Ignoring the Judicial Branch

Ignoring the security requirements of the OVP and EOP

Insulting the American public

Defying the Convention Obligations

What's Congress going to do about it? Send him another check.

US Government Failure: Breakdown of Checks and Balances

Time for the US public to accept: This US government is reckless, and a New Constitution needs to be drafted, discussed, and imposed on this US government to compel it to assent to the rule of law. This President has defied his oath, rewarded those who have engaged in illegal activity, and has insulted the Founder's notion of checks and balances.

What You Can Do

The President has illegally rewarded those who retaliate against others attempting to report evidence of war crimes. The President and Congress have jointly agreed to violate and not enforce Geneva. This is impressible.