Pardon Scooter Libby, Not So Fast

Most mainstream news outlets have been bandying about the prospect of a pardon for former Vice-Presidential Chief of Staff I. Lewis 'Scooter' Libby since he was convicted of four felonies this week. The White House has downplayed the possibility of a pardon and refused to comment on the situation, claiming it is an ongoing legal matter. Conservatives across the board have called for an immediate pardon, and Democrats and liberals have cautioned against doing so.

All of this debate may well be beside the point. As Media Matters for America reports, the Justice Department rules that govern clemency procedures would not allow President Bush to pardon Mr. Libby. Part 1.2 of the Rules Governing Petitions for Executive Clemency titled Eligibility for filing petition for pardon states that:

No petition for pardon should be filed until the expiration of a waiting period of at least five years after the date of the release of the petitioner from confinement or, in case no prison sentence was imposed, until the expiration of a period of at least five years after the date of the conviction of the petitioner. Generally, no petition should be submitted by a person who is on probation, parole, or supervised release.

President Bush has indicated that his decisions on and treatment of pardons are rooted in and follow the Justice Department rules. If Mr. Bush remains true to his word and obeys the Justice Department rules he will be unable to issue a pardon to Mr. Libby.

Doing what they say, telling the truth, and following the rules have proven to be extremely difficult for the Bush Administration, so maybe the pardon debate is warranted after all.