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To pardon or not

United States President George W. Bush appears to be caught between a rock and a hard place after a federal court sentenced Vice President Dick Cheney's former chief of staff I. Lewis "Scooter" Libby to a 30-month prison term. If he pardons Mr. Libby, Mr. Bush is likely to be accused of undermining the administration of criminal justice for political considerations. If he does not, there could be a further erosion of the Republican support base. The administration appears to be clinging to the hope that the court will allow Mr. Libby to stay out of jail pending disposal of appeals. If that comes about, the judicial proceedings may well drag on for the next 19 months. In that event, on the eve of demitting office, Mr. Bush could resort to a customary practice and grant Mr. Libby pardon. However, the chances of Mr. Libby getting such a reprieve appear slim as the trial judge has a reputation for being tough on crime. The incarceration of such a senior official would not go down well with conservative Republicans who are already upset with the administration's handling of the Iraq occupation, immigration, and federal finances. Since they form the core of the 29 per cent of U.S. citizens who still view the administration's performance in a positive light, their withdrawal of support would come as a further affirmation of the lame duck status of Bush presidency.

While Mr. Bush could try to keep the Republicans within the fold by pardoning Mr. Libby, such a step would have its own repercussions. First, it would once again draw attention to the wrongdoing by the administration at the apex level. Mr. Libby stands convicted on charges of perjury and obstruction of justice — he was found guilty of giving false testimony to investigators probing the leak of a CIA agent's identity. Senior officials, apart from the Vice President's then chief of staff, disclosed the agent Valerie Plame's identity with a view to discrediting her husband's case that the administration was leading the country to war against Iraq on false premises. Given this backdrop, should he pardon Mr. Libby, Mr. Bush will lay himself open to the charge that he was covering up his own misdeeds. The guidelines laid down by the Department of Justice for any presidential action in this matter are also fairly clear. Although the guidelines are not binding, the general principle is that reprieve should not be given unless five years have passed since conviction or release from prison. Moreover, pardons are granted only to convicts who express remorse, something that Mr. Libby has singularly failed to do.

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