President George Bush has commuted Lewis “Scooter” Libby’s sentence for lying to investigators about the CIA leak.  According to the President of the United States, 2 1/2 years is “excessive”.  Apparently, obstruction of justice is not as serious as it used to be.  Or perhaps, still is, but when done by somebody who isn’t responsible for making sure Dick Cheney’s shoes are tied.

“My decision to commute his prison sentence leaves in place a harsh punishment for Mr. Libby,” Bush said in a statement. “The consequences of his felony conviction on his former life as a lawyer, public servant, and private citizen will be long- lasting.”  (NOTE:  No mention of future as lobbyist)

Of course, the consequences of 121 months in prison to “ordinary” people, their wives, their children, their businesses, means absolutely nothing.  For these people, the word “excessive” will never be used.  Nor, for that matter, will the word “commute” except to refer to their trip back and forth to their prison job.

There can be no act of the executive that would demonstrate with greater clarity that the criminal justice system, and specifically the sentencing “guidelines”, is a farce.  It is not that Libby’s sentence was not harsh and excessive.  Indeed, it was pretty darn stiff. But it is merely one of thousands and thousands of unduly harsh and excessive sentences meted out by our federal courts under a set of guidelines, those “advisory” rules that emasculated the judiciary and turned them into numbers crunchers.  And so, Scooter Libby is sentenced right in the middle of the sentencing guidelines, as our Supreme Court has now told us, is inherently and presumptively reasonable.  You bet that’s harsh.

The right to commute the sentence belongs to the Executive, and our President has the absolute right to commute any sentence he wants.  It cannot be challenged or reimposed by anyone under any set of circumstances.  While Scooter remains a felon, he won’t be a guest of our BOP. 

The President had no choice but to commute Libby’s sentence today, after the DC Circuit turned down his request to remain free pending appeal.  It’s incredible how the courts treated Scooter Libby just like everyone else.  It’s incredible how this treatment has so outraged the President and conservatives.  It really sucks being on the wrong side of a blunt instrument.  And Cheney was outraged that Scooter didn’t get a pardon, as he directed the President to do. 

Imagine all the potential roommates in federal camps across the nation whose dreams have been dashed.  All they ever wanted was to have a Scooter.