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Unconstitutional, Bush Invents Power for Himself re Libby, Commutation Not for Presidents

Unconstitutional, Bush Invents Novel Power for Himself, Official Obstruction of Justice: Commutation is a Power for Governors Not Presidents

I guess condoning treason pays in this administration. Bush can't jump into the judiciary and adjust sentences, he can only issue pardons or reprieves entirely. Bush has just reward retaliation against others who have attempted to report war crimes. Expect "Wiemar Democrats" to sit still.
Libby in the Republican Elite Pedophile networks
Libby in the Republican Elite Pedophile networks
Unconstitutional, Bush Invents Novel Power for Himself, Official Obstruction of Justice: Commutation is a Power for Governors Not Presidents

1.

Commutation is a Power for Governors Not Presidents
Submitted by Anonymous on 2 July 2007 - 7:43pm.

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; 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 lawfully done; the President was delegated no power to do this. He may only issue pardons or grant reprieves.

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, impermissible, and suggests obstruction of justice to reward Libby for retaliation and other illegal activity.

---

 http://www.citizensforethics.org/node/29245#comment-8914

2.

 http://rawstory.com/news/2007/Scooter_Libby_gets_out_of_jail_0702.html
136 comments


Scooter Libby gets out of jail free with card from President Bush


07/02/2007 @ 6:04 pm

Filed by Michael Roston

Breaking news reports late on Monday showed that President George W. Bush had commuted the sentence of I. Lewis "Scooter" Libby, a former top aide who also served as Chief of Staff to Vice President Dick Cheney. An appeal by Libby to stay out of jail pending an appeal of his conviction for committing perjury and other offenses was rejected by a federal court this morning < http://rawstory.com/news/2007/Scooter_Libby_gets_out_of_jail_0702.html>.


Libby did not receive a pardon, but he did have his 30 month jail sentence [unconstitutionally] commuted by President Bush. He remains guilty of the felonies of perjury, obstruction of justice, and making false statements in the federal investigation of the outing of covert CIA agent Valerie Plame Wilson. He will also pay a $250,000 fine.

Melanie Sloan, the executive director of Citizens for Responsibility and Ethics in Washington, who is representing the Plame and her husband Ambassador Joe Wilson in a civil suit against Libby and other top Bush administration officials, slammed the decision on behalf of the Wilsons.

"First, President Bush said any person who leaked would no longer work in his administration. Nonetheless, Scooter Libby didn't leave office until he was indicted and Karl Rove works in the White House even today," Sloan said in a statement sent to RAW STORY. "More recently, the vice president ignored an executive order protecting classified information, claiming he isn't really part of the executive branch. Clearly, this is an administration that believes leaking classified information for political ends is justified and that the law is what applies to other people."

In a telephone appearance on CNN, Ambassador Wilson remarked further that "Scooter Libby is a traitor." He also said that the White House was "utterly and totally corrupt...from top to bottom."

Sloan's message was echoed by Rep. John Conyers (D-MI), Chairman of the House Judiciary Committee.

"Until now, it appeared that the President merely turned a blind eye to a high ranking Administration official leaking classified information. The President's action today makes it clear that he condones such activity," he said in a statement e-mailed to RAW STORY. "This decision is inconsistent with the rule of law and sends a horrible signal to the American people and our intelligence operatives who place their lives at risk everyday."

And, Senator Harry Reid, Democratic Majority Leader, called the commutation 'disgraceful.'

"The President's decision to commute Mr. Libby's sentence is disgraceful. Libby's conviction was the one faint glimmer of accountability for White House efforts to manipulate intelligence and silence critics of the Iraq War. Now, even that small bit of justice has been undone," Reid said in a statement. "The Constitution gives President Bush the power to commute sentences, but history will judge him harshly for using that power to benefit his own Vice President's Chief of Staff who was convicted of such a serious violation of law."

According to a lengthy statement released by the White House, Bush claimed that he had respect for "the jury's verdict. But I have concluded that the prison sentence given to Mr. Libby is excessive."

He justified the commutation saying that even without the jail time, Libby faces, "harsh punishment...The reputation he gained through his years of public service and professional work in the legal community is forever damaged....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."

Bush also claimed that the act was an appropriate use of the power he is granted under the US Constitution.

"The Constitution gives the President the power of clemency [no it doesn't in all varieties]...It is my judgment that a commutation of the prison term in Mr. Libby's case is an appropriate exercise of this power," he said in the statement.

The White House had faced pressure from its conservative base to pardon Libby. A member of his legal defense fund told the Associated Press today that he hoped the courts decision to jail Libby "puts pressure on the president. He's a man of pronounced loyalties and he should have loyalty to Scooter Libby. 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."

While Bush caved to pressure from his conservative base in issuing the pardon, the move may not be particularly popular with the broader American public. Only 21% in a March Gallup Poll < http://www.galluppoll.com/content/?ci=26893> favored a pardon for Libby in the case. Of the remainder of Americans, 67% opposed a pardon for the former aide.

It is unknown if there will be subsequent moves by critics of the Bush administration. RAW STORY was awaiting a statement from Rep. Henry Waxman (D-CA), whose Oversight and Government Reform Committee has been investigating the leak that outed Plame and the intelligence used to justify the invasion of Iraq. But Rep. Conyers was already calling for a further probe of the White House's actions.

"Now that the White House can no longer argue that there is a pending criminal investigation, I expect them to be fully forthcoming with the American about the circumstances that lead to this leak and the President's decision today," he said in his statement.

But engaging Libby in any subsequent Congressional probe could be challenging. Blogger Marcy Wheeler, who has followed the Libby trial closely, says that he will be able to invoke his right against self-incrimination.

"He commuted Libby's sentence, guaranteeing not only that Libby wouldn't talk, but retaining Libby's right to invoke the Fifth," she wrote at The Next Hurrah. < http://thenexthurrah.typepad.com/the_next_hurrah/2007/07/george-bush-obs.html>

But, Amb. Wilson said he hoped that the investigation would focus more on the President's action directly at this point.

"He no longer can hide behind the veil of not being able to answer questions...since he has short circuited this process," he said.

...

rawstory.com/news/2007/Scooter_Libby_gets_out_of_jail_0702.html


136 comments, selected comments:

---

Outing an undercover agent during "war" is a treasonous act. Supporting a traitor is treasonous. Commuting a traitor's sentence is supporting treason. While in the military, I served in an intelligence unit with security classifications to protect clandestine operations and the individuals involved at all levels. Anyone divulging information involving these operations was guilty of treason. The security of the agent involved in this matter and the nature of her work was revealed for purposes of revenge. Those who disclosed her identity must be held accountable and brought to justice under the laws of treason. That includes not only Libby, but Bush/Cheney.
Nova16

---

what!? WTF! -- the president -- after a public-
urging, on the whitehouse.gov web-server, by the vice-
president, dick cheney -- has stepped into the
middle of a pending criminal case, and prevented
i. lewis "scooter" libby from receiving the natural,
predictable, criminal, consequences of perjury, and
obstruction of justice -- this, from the man, who is
now protecting the man, who is protecting the
vice-president! that, in and of itself, may well
make out a prima facie case of. . .
yep! you guessed it! -- obstruction of justice.

---

think it really is obstruction of justice < http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00001512----000-.html>. Here's the relevant law

TITLE 18 > PART I > CHAPTER 73 > § 1512

§ 1512. Tampering with a witness, victim, or an informant.

Section C

Whoever corruptly—
(1) alters, destroys, mutilates, or conceals a record, document, or
other object, or attempts to do so, with the intent to impair the
object's integrity or availability for use in an official proceeding; or
(2) otherwise obstructs, influences, or impedes any official
proceeding, or attempts to do so,
shall be fined under this title or imprisoned not more than 20
years, or both.

 link to thenexthurrah.typepad.com

---

The President asserted non-delegated powers today. This is no
different than the FISA violations:
 http://www.citizensforethics.org...45#comment- 8915
< http://www.citizensforethics.org/node/29245#comment-8915>

There is no "commutation" power for the President. The action today
is outside what the Constitution permits. The President may only
grant reprieves or issue pardons; commutation is a third creature
the President cannot invent or devise for himself.

This power only exists for State Govenros. The commutation of
Libby's sentence is not enforceable; and evidence of the President's
obstruction of justice in re war crimes and Geneva violations.

-----


Well, so much for "Rule of Law." Scooter Libby deserves prison. He
is no scapegoat, and his "years of service" consist of plotting
undemocratic, world-domineering policies.

Is there no one is Washington with any historical perspective?

Sure, Libby didn't act alone with the Plame leak and thwarting its
investigation, but he also didn't go against his better nature and
just follow orders.

I. Scooter Libby has always been at the forefront of aggressive
neoconservative policy.

In 1992, Libby, along with former Deputy Defense Secretary Paul
Wolfowitz, and the current U.S. ambassador to the United Nations,
Zalmay Khalilzad, wrote a "Defense Planning Guidance" report,
commissioned by then Defense Secretary Dick Cheney.

This DPG called for the U.S. to claim its authority as the world
superpower, to intimidate rivals for power, to bypass the United
Nations as needed, to build more weapons to ensure global military
dominance, and to strike pre-emptively against those who threaten
U.S. interests anywhere in the world.

It was shockingly unethical, bullying and began the end of
Americans-as-good-guys. It was supposedly shelved after its
embarrassingly heartless approach to the world was leaked.

But in 1997 it resurfaced, only slightly edited, as the Statement of
Principles of the Project for a New American Century, signed by
Libby, Cheney, Rumsfeld, Wolfowitz, Jeb Bush, Elliot Abrams, Zalmay
Khalilzad and more.

Though PNAC officially closed in 2006, its personnel and policies
still thrive at the American Enterprise Institute, Heritage
Foundation, the Weekly Standard and, yes, the White House.
Barbara Bellows-TerraNova

----------------

OH MY GAWD!!! EVEN PARIS WENT TO JAIL!!!

-------------------

I find this totally a reckless decision and a middle finger to the
Constitution. This is unbelievable. If the Democrats do not fight
back in any form, I will not support them either. It will put in
concrete that their is no difference between the two. The Democrats
do things just a little bit more subtle. In the end, they are the
same corrupt people.

--------------------

[toward a partisan intelligence network] Bet this is a real
comfort to our spies working in dangerous countries. You might be
outed at any moment if it is in the interests of the republican
party. Wonder if the CIA turned a bit more blue today. For a lot of
our agents, teaching kindergarten looks a lot more appealing.
skyreader7

---------------------

3.

repost, Libby part of the bestiality/pedophile networks running the USA

Monday, October 31, 2005
Pimp My Scooter

'Man gave names to all the animals' - Bob Dylan

I'm sorry I haven't time for a proper post today, but I feel compelled to draw your attention to The New Yorker's excerpts from the 1996 novel The Apprentice. Pedophilia, incest, bestiality: welcome to the inner life of Scooter Libby.

"At age ten the madam put the child in a cage with a bear trained to couple with young girls so the girls would be frigid and not fall in love with their patrons. They fed her through the bars and aroused the bear with a stick when it seemed to lose interest."

And

"He asked if they should fuck the deer."

(The answer, it would seem, is yes.)

Is it just another dirty book? There's no harm - or not much - in that. Hell, I wrote a book myself that could be charitably described as one, though bears coupling with children didn't occur to me. How about just another disgraced Republican's dirty book? There are plenty of those as well.

But this is the long-time Chief Advisor of a man long-linked to covert-sanctioned ritual abuse and trauma-based mind control, prominent features of which are pedophilia and bestiality, writing a fictional account of child sexual slavery and rape by a domesticated bear that could have been lifted straight out of survivor literature.

The New Yorker plays it for laughs - there go those wacky Republicans, writing about weird sex again - but even if this is fiction, it's not just fiction for America's "Family Values" Fascists, is it?

There's Bill Bennett's alleged dominatrix, John Bolton's crimes of passion, George HW Bush's much whispered "problem," and far too many examples of "conservative" politicians found with their pants down around young children for them to be "momentary lapses of moral judgment." This can't be answered with "mistakes were made." This is systemic pathology.

...

 http://rigorousintuition.blogspot.com/2005/10/pimp-my-scooter.html

i hate to 03.Jul.2007 03:46

say this but

a commuted sentence is a reprieve.

Meanwhile let's try Bush on charges of illegal war.

Not exactly 03.Jul.2007 04:25

Mike Novack stepbystpefarm <a> mtdata.com

"a commuted sentence is a reprieve"

The Court will have to decide that one. The original article correctly stated "no precedent". May depend on HOW the "commutation" order was worded. What is clear (what you may have meant to say) is that a "repreive" can have the same effect as a "commutation" as time passes and that therefore no practical difference (and that's what the Court will have to rule on).

A "commutation" is a permament change in sentence (at the time issued).
A "reprieve" is a temporary delay in carrying the sentence out --the sentence remains in suspense.
A "commutation" cannot later be reversed. A "reprieve" can be discontinued.

Obstruction of Justice 03.Jul.2007 12:50

Jody Paulson

Just to boil it down for everybody, here's the key phrase:
'"He commuted Libby's sentence, guaranteeing not only that Libby wouldn't talk, but retaining Libby's right to invoke the Fifth,"'

This is obscene. People higher up in the administration are probably guilty of treason. How else could you explain this action?

Please, don't forget, people probably died and an entire CIA front company instrumental in tracking middle eastern WMD's was torpedoed because of the outing of Valerie Plame:

 http://jpaulson.blogspot.com/2007/04/outing-plame-was-much-more-than.html