Why Bush's commute was really a pardon

It's all about cause and effect.

Just days after President Bush commuted the prison sentence of Scooter Libby, legal scholars now say his probation will likely get axed as well.  The sentenced stated that Libby's probation would include "supervised release."  But according to federal law, someone can only serve a supervised release after being released from prison.  Since Libby will not go to prison, there is no precedent that forces him to serve his probation.

SCOTUSblog explains it for us:

The federal judge who sentenced former vice presidential aide I. LewisLibby for lying to federal investigators and a grand jury on Tuesdayraised the possibility that Libby might not have to serve two years on"supervised release" after all. In a two-page order (found here), U.S. District Judge Reggie B. Walton told lawyers on both sides to file briefs on the issue by Monday.

When President Bush in granting clemency on Monday nullified the30-month prison sentence Walton had imposed, the President said hewould leave intact the part of the sentence that required two years ofsupervised release -- a form of probation. But Walton on Tuesday notedthat the federal law governing such a requirement states that it is tobe served "after imprisonment."

Expect Libby's lawyers to argue that it would be unprecedented for their client to go on "supervised release" if he never went to jail.  They will want the probation waved.

Even if the probation is waved, Libby still has to pay the $250,000 fine.  However, Libby's friends, such as Fred Thompson, are continuing to raise money for him -- which would more than cover the cost.

Bush will not even need to pardon Libby at all.  He already has been pardoned.  He is not going to jail.  He might not serve probation.  His friends will help him pay the $250,000 fine.  So Justin was correct in reporting on Monday that Libby succeeded in "Getting Off 'Scoot' Free."