The ink is still fresh on the President's commutation of the sentence of I. Lewis Libby, and of course, now the American public have been condemned to listen to some cruel, but fairly usual and mundane, political posturing concerning the justice of this "pardon". Let us begin with the President's nuanced position:
"I respect the jury’s verdict,” Mr. Bush said in a statement. “But I
have concluded that the prison sentence given to Mr. Libby is
excessive.” (quoted from the New York Times)
He seems to be happy that the people of the jury made their decision and will let that stand, but the sentence did not fit the crime, as far as he was concerned, regardless of how the law is written. Patrick Fitzgerald's response interests me most:
“In this case an experienced federal judge considered extensive
argument from the parties and then imposed a sentence consistent with
the applicable laws,” Mr. Fitzgerald said in a statement. “It is
fundamental to the rule of law that all citizens stand before the bar
of justice as equals.” (again, the New York Times)
Why this is interesting to me is because it makes me want to consider the idea of the Rule of Law in this country. The President, head of one of three branches established by the Constitution, has the power to circumvent the work of the other two branches (Congress, which made the law; the Judicial which imposed the sentence). How can that be? If the Judicial branch has already kept the Legislative in check, why does the President get to overrule that check, that is, in this case, he declared that the prescribed punishment and its implementation are "excessive".
I don't wish to criticize President Bush in this article, but rather the power of commutation and pardon in general. Doesn't it seem to be something left over from the monarchy? I will be checking the Federalist/Anti-Federalist papers over the next few days, to see if there's any conversation about that.
In the meantime, what are other thoughts on the subject? Is this a power of the Executive Branch that is overtly exploitable? Or is the power yet another check?
Open-ended posts, that's my style these days.
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