Pardon for Scooter Libby?

This blog features a series of regularly updated, brief essays regarding the possible presidential pardon of "Scooter" Libby with an emphasis on history, law and empirical research. The creator is ProfessorP.S. Ruckman, Jr., author of the forthcoming book, Pardon Me, Mr. President: Adventures in Crime, Politics and Mercy .

Saturday, March 10, 2007

The Wild Card?

While we await the sentencing of Mr. Libby, it is worth noting that mercy does not simply flow from the executive branch. This is especially the case since federal sentencing guidelines are no longer "mandatory."

Once upon a time, baseball's George Steinbrenner was looking at 6 years in prison and $15,000 in fines for making more than $100,000 in illegal campaign contributions to Richard Nixon. Among the original charges were two counts for urging others to make false statements to the FBI, two counts for obstructing a criminal investigation and four counts for obstruction of justice. Much to the chagrin of federal prosecutors, Judge Leroy J. Contie (a Nixon appointee) fined Steinbrenner a mere $15,000 and imposed no prison sentence whatsoever. Not a single day.

W. Mark Felt (now known in world of politics and journalism as "Deep Throat") was looking at 10 years in prison and $10,000 in fines for role that he played in a series of warrantless searches of private residences. The judge in his case (William B. Bryant - an appointee of Lyndon Johnson) handed down a fine of $5,000 and that was it. Zero days in prison.

Steinbrenner and Felt were both later pardoned by President Ronald Reagan. But, arguably, the most significant act of clemency took place long before the Reagan entered the picture. So, it will be interesting to see what sentence will be handed down Libby's judge, one Reggie B. Walton, an appointee of George H.W. Bush.