Mistake on Libby

He did deserve prison, if not 30 months

Published July 3, 2007 at midnight

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No one relished the prospect of Lewis "Scooter" Libby serving 30 months in prison for lying to investigators who, despite much huffing and puffing, never established any underlying crime. Yet the fact remains that a jury concluded that Libby did lie, multiple times, including before a grand jury.

Libby subverted the legal process even though he held a top governmental post as the vice president's chief of staff.

We think that justifies prison time. Maybe six months instead of 30; maybe only three. But Americans need to see that the most serious consequence for lying to prosecutors during a criminal probe applies even if you are a "first-time offender with years of exceptional public service," to quote the official statement in which President Bush commuted his prison sentence.

Bush believes that two years of probation and a $250,000 fine, which remain in place, constitute a harsh sentence in themselves. But in reading the president's statement, it's clear he can say this only because Libby has already lost the "reputation he gained through his years of public service and professional work in the legal community," and because his conviction will damage, if not end, his career.

All very true. But this is just another way of saying that a successful man has farther to fall from a felony conviction than an unsuccessful man. It doesn't mean the unsuccessful man prizes his freedom any less. If Libby isn't going to prison for lying to a grand jury, then it's hard to see why anyone should.

As the president himself said Monday, "our entire system of justice relies on people telling the truth. And if a person does not tell the truth, particularly if he serves in government and holds the public trust, he must be held accountable. They say that had Mr. Libby only told the truth, he would have never been indicted in the first place."

They not only say it, Mr. President, it happens to be true.

Bush's statement exudes compassion, and it carefully gives credit to those who criticize prison time for Libby as well as to those who defend it. But the president should have restrained his compassion - and delayed his commutation - for at least a few more months, lest he be perceived as subverting justice, too.

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