Lewis Libby Clemency Controversy - Background

Background

See also Plame affair, Rationale for the Iraq War, CIA leak grand jury investigation, United States v. Libby

In 2003, acting U.S. Attorney General James B. Comey appointed Special Counsel Patrick Fitzgerald to lead an investigation into the alleged criminal outing of CIA operative Valerie Plame. Plame's husband, U.S. Ambassador Joseph C. Wilson, alleged that Lewis Libby and others in the White House leaked her identity in retribution for Wilson's outspoken criticism of the administration's invasion of Iraq.

When Libby was convicted, fined, and sentenced to 30 months in prison for obstructing Fitzgerald's investigation, there was speculation as to whether his punishment would be carried out in full or the President would intervene. After President Bush commuted Libby's prison sentence, the U.S. House Judiciary Committee, chaired by Representative John Conyers (D-Mi), held a hearing to investigate what many in law and government saw as an abuse of presidential power. Conyers explained the rationale behind the hearing in a letter to the president:

"Dear President Bush:

Like many Americans, I was troubled to learn of your decision to commute the sentence of Vice President Cheney’s former Chief of Staff Scooter Libby. Mr. Libby was convicted of serious crimes and sentenced by a fair and well-respected federal Judge who termed the evidence of Mr. Libby’s guilt 'overwhelming.' It was surprising indeed to learn that you had deemed Mr. Libby’s sentence 'excessive' even before any of his appeals had run.

As you may know, my committee is holding a hearing this Wednesday titled 'The Use and Misuse of Presidential Clemency Power for Executive Branch Officials.' At this hearing we hope to learn about some of the consequences of Mr. Libby’s misconduct, and we will hear from sentencing experts and people affected by federal sentencing laws as to whether or not Mr. Libby’s sentence can fairly be considered 'excessive.' We will also explore the grave questions that arise when the Presidential clemency power is used to erase criminal penalties for high-ranking executive branch employees whose offenses relate to their work for the President."

Read more about this topic:  Lewis Libby Clemency Controversy

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