Some of the most aggrieved criticism of the Libby commutation last week came from sentencing guideline experts. Expressing outrage over special treatment, a number of legal specialists castigated the President for showing mercy to his subordinate after turning a cold shoulder to so many others over the course of his administration.

Is it hypocritical for the President to show leniency toward a loyal member of his administration--and not to others? On its face, we are hard-pressed to conclude anything other than blatant favoritism. Inarguably, these experts on sentencing practices have a point, especially in terms of the larger issue that they are attempting to spotlight.

On the other hand, the Libby case may tell us much more about Washington politics than it reveals about the American justice system in general. Rhetoric aside, Scooter Libby is no "ordinary Joe" convicted under normal circumstances.

Why is this different?

Customarily, an ordinary person does not contend with a top-flight US attorney, appointed as a special prosecutor with unlimited resources, instructed to devote all his energy toward investigating a specific incident, which may or may not have been a crime, and under intense pressure from the media and much of the political establishment in Washington to produce a public scalp.

In the end, the Prosecutor obtained a conviction. Nevertheless, the extraordinary nature of the case was exacerbated by the fact that the prosecutor did not charge Libby (or anyone else) with violating the law that originally precipitated the investigation.

Should the President treat Libby like just another convicted criminal under these circumstances?

It occurs to me that the proponents of sentencing reform are asking the wrong questions and scoring a few cheap debating points on an intensely political but not necessarily analogous event.

If, in the end, the President takes extraordinary action to spring a person of good character caught in a trap set through extraordinary means—then, that is the way the game is played. The constitutional power of the President trumps that of his tormentors. From check to check-mate on the Washington chessboard.

Other Bosque Boys thoughts on Scooter Libby:

"Bush and Libby: The Morning After" (ramifications) here.

"A Judicious Use of the President's Power: in his own words..." here.

The entire Bosque Boys file of posts pertaining to Libby here (click and scroll).

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