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Blog Entry from Citizens for Responsibility and Ethics in Washington

Libby's trial judge "perplexed" by Bush saying the sentence was "excessive"

Judge Reggie Walton, who was appointed to the federal bench by George W. Bush in 2001, revealed his thoughts on Bush's commutation of Libby's sentence in a footnote to a legal document.  Walton, like so many of us, is "perplexed" by Bush's words and action:   

In an unusual expression of frustration, the judge who sentenced former White House aide I. Lewis "Scooter" Libby to 30 months in jail, only to see the sentence commuted by President Bush, said he was "perplexed" by the act of clemency.

In his first public comments on the matter, U.S. District Judge Reggie B. Walton took issue with Bush's statement that the prison sentence ordered for Libby last month was "excessive." Walton defended the sentence, saying that he followed established legal precedents as well as a strict interpretation of federal sentencing guidelines that has been supported by Bush's own administration.

"In light of these considerations … it is fair to say that the court is somewhat perplexed as to how its sentence could accurately be characterized as 'excessive,' " Walton wrote.

"Although it is certainly the president's prerogative to justify the exercise of his constitutional commutation power in whatever manner he chooses, the court notes that the term of incarceration imposed in this case was determined after a careful consideration of each of the requisite statutory factors."

The judge, who was appointed to the federal bench by Bush in 2001 in part because of his tough law-and-order approach to sentencing, made the comments in a lengthy footnote to an order issued Thursday.

Hat tip Think Progress. 

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