Fitzgerald responds to Bush's claim that Libby sentence was "excessive"

While stopping short of challenging the legality behind Bush's commutation of Scooter Libby's jail sentence, Special Prosecutor Patrick Fitzgerald responded to part of Bush's statement:

Wefully recognize that the Constitution provides that commutationdecisions are a  matter of presidential prerogative and we do notcomment on the exercise of that prerogative.

We comment only on the statement in which the President termed thesentence imposed by the judge as “excessive.”   The sentence in thiscase was imposed pursuant to the laws governing sentencings which occurevery day throughout this country.  In this case, an experiencedfederal judge considered extensive argument from the parties and thenimposed a sentence consistent with the applicable laws.  It isfundamental to the rule of law that all citizens stand before the barof justice as equals.  That principle guided the judge during both thetrial and the sentencing.

Although the President’s decision eliminates Mr. Libby’s sentence ofimprisonment, Mr. Libby remains convicted by a jury of seriousfelonies, and we will continue to seek to preserve those convictionsthrough the appeals process.

Many White House critics are hoping that Bush's decision will motivate Patrick Fitzgerald to open a broader case into whether the Administration deliberately obstructed the CIA leak investigation.

Back to the commutation for a moment.  An Administration source that spoke to the Washington Post on condition of anonymity said there is "comfort" at the White House because the case will probably not hurt the President politically.  Then again, when you are at 26%, it is hard to get any less popular.  Bush is approaching his approval rating floor, which is about 23%.  In other words, there are some people that will support this Administration no matter what.

Lastly, this was the first time under the Bush presidency that the Justice Department was not consulted before commuting someone.