Thursday, July 05, 2007

Shrub screws up Commutation

A gem from the pontificator:

"It appears that President Bush made a serious mistake in his Commutation Order. As justification for invalidating Libby's prison sentence, he pointed out that Libby would still be subject to two years probation, a harsh sentence, Bush says (rolls eyes).


As Judge Walton just noticed, it looks like Libby won't even serve probation, since, under the federal system, "supervised release," as it is called, can only follow an actual prison sentence.

Talk about incompetence. Bush can't even get Obstruction of Justice right!

As a special bonus, make sure you check out footnote 1. Hahahahahahahahaha!

If either party believes that it would be helpful to solicit clarification from the White House regarding the President's position on the proper interpretation of Sec 3583 in light of its Grant of Executive Clemency, they are encouraged to do so.

Strictly interpreted, the statute authorizing probation indicates that supervised release "should occur only after the defendant has already served a term of imprisonment," U.S. District Judge Reggie Walton wrote.

Walton ordered lawyers to weigh in with their arguments on the matter by Monday."

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