Commutation? Pardon me.

Scooter's sentence has been commuted by the President, as is his constitutional right. It appears that Bush did not follow normal process - like consulting with Patrick Fitzgerald or the Justice Department - before announcing his decision. This should not be a surprise, but he is not required by law to do so. His statement about the excessive nature of the sentence does not square with the fact that Judge Walton's decision apparently fits within federal sentencing guidelines.

Naturally, there is a great deal of sturm and drang about this, by those who object to the commutation and by those who believe Libby deserves a pardon post haste.

A more careful look at the President's action reveals a scenario that may cast light on what is really going on here. First, Libby does not face jail, and therefore has no incentive to fess up about the Veep to Fitzgerald to avoid time in the slammer. Second, since Libby has appealed his case, he is barred from testifying before Congress should hearings proceed - unless Congress immunizes him. Thus, any matters about the Veep or President's role in this case, and the larger issue of the selling of the war, are foreclosed by Bush's action.

What really rankles me is that the President commutes the sentence of someone who might implicate his office, or him personally, in a federal crime. That's the one big distinction between the Clinton pardons and this commutation. And, Bush can still pardon Libby before the Prez goes off into the Texas sunset.

How much more are we going to take?