Sentencing/Post Conviction

Libby Probation OK, Briefs Say

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I. Lewis “Scooter” Libby may be sentenced to two years of supervised release in spite of President Bush’s commutation of his prison sentence, prosecutors and defense lawyers agreed in court papers filed yesterday.

U.S. District Judge Reggie Walton of the District of Columbia had questioned whether Libby could receive probation following the commutation and asked for briefs on the issue.

Lawyers for both sides said the commutation trumps any statutory requirements, the New York Times reports.

Libby had been convicted for lying to investigators probing the leak of a CIA agent’s identity and sentenced to 30 months in prison.

Meanwhile, House Judiciary Chairman John Conyers said yesterday that President Bush should allow aides to testify about his commutation decision, the Associated Press reports.

Conyers said in a letter to Bush that the action eliminates Libby’s incentive to provide information about whether others in the administration leaked the CIA agent’s name to the press.

Conyers said his committee will “explore the grave questions that arise when the presidential clemency power is used to erase criminal penalties for high-ranking executive branch employees whose offenses relate to their work for the president.”

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