Justice for All

Well, that's not really what yesterday's turn of events show.  It is unseemly that President Bush would commute the sentence of Scooter Libby.  As you will recall, Libby was convicted of perjury and obstructing justice during an investigation of who may have released the name of a CIA agent.

 

Here are the problems, as I see them, with what Bush did:

 

Conflict of Interest.  Although Bush has made a high-minded argument that he was acting in the name of justice and fairness, he is too close to the issue to make that call. Libby worked for Bush's vice-president, Dick Cheney. My understanding is that Libby could appeal not only the conviction but also the sentence.  If the sentencing was so egregious that the President of the United States felt compelled to intervene, I imagine an appeals court would make a similar finding. However, due to the conflict of interest, there's no reason to believe that prison sentence was egregious. In fact, many commenters and onlookers see this for what is:  a man in power using his power to help a friend and fellow traverl.

 

Disdain for Judicial Decisions. Whether we go back to the rigged trials of blacks in the south, or more recently to the trial of O.J. Simpson, America has a long history of questioning or even subverting the judicial process.  The judicial process has mechanisms for ensuring a fair trial, namely, the appeal courts. If there are problems that the appeal are not willing or are unwilling to fix, then we should look at judicial reform.  It's a bad situation for our society to have so little respect for the judicial system that even the president believes he can subvert the decision of a jury for no good reason.

 

Presidential Power to Commute and Pardon. No doubt the president has these powers. However, they should be wielded with thoughtfulness and wisdom.  These powers should be exercised only when there is an overwhelming public interest that needs to be served. They should not be a tool for someone who wants to help a friend, political ally, or (loosely speaking) employee. 

 

It really comes as no surprise to me that Bush commuted Libby's sentence.  Bush has consistently done whatever he wanted to do with no concern about his credibility or the well-being of our country.  In his eyes, his every wish is a legitimate command.