Bush’s reasons for Libby’s commutation … will others now see similar compassion from Bush and his Justice Department?

The AP provides here President Bush’s rather lengthy statement in support of his decision to fully commute the imprisonment portion of Lewis Libby’s sentence.  Here are just a few choice quotes from Bush’s statement that will likely revolt (or perhaps energize?) any defense lawyer who has ever argued that within-guideline sentences are often excessive:

[C]ritics say the punishment does not fit the crime: Mr. Libby was a first-time offender with years of exceptional public service and was handed a harsh sentence based in part on allegations never presented to the jury….

Mr. Libby was sentenced to 30 months of prison, two years of probation and a $250,000 fine. In making the sentencing decision, the district court rejected the advice of the probation office, which recommended a lesser sentence and the consideration of factors that could have led to a sentence of home confinement or probation.

I respect the jury’s verdict. But I have concluded that the prison sentence given to Mr. Libby is excessive. Therefore, I am commuting the portion of Mr. Libby’s sentence that required him to spend 30 months in prison….

My decision to commute his prison sentence leaves in place a harsh punishment for Mr. Libby. The reputation he gained through his years of public service and professional work in the legal community is forever damaged.  His wife and young children have also suffered immensely.  He will remain on probation.  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.

As one lawyer (among many lawyers) who has made these points repeatedly on behalf many defendants who seem much more deserving of sympathy than Mr. Libby — such as decorated veteran Victor Rita who just had his 33 month sentence affirmed by the Supreme Court for crimes seemingly much less serious than Libby’s — I suppose I am pleased to see President Bush demonstrate compassionate conservativism for Libby. 

I now hope that he will instruct all members of the Department of Justice to demonstrate similar compassion for other defendants sentenced under the federal sentencing guidelines.  After all, it seems the President views a significant fines and probation and harm to reputation and family as “harsh punishment.”  I am sure a number of defendants now appealing punishments that include also a prison term will be glad to have the top executive now defining what sorts of alternatives to imprisonment are sufficient in his view.