There are a few options to ponder at this point.
- What conditions does Judge Walton impose on Libby's supervised release?
- He can't pardon him, so if Walton imposes conditions that Libby doesn't like, does Bush basically re-commute his sentence to probation?
- What will the House Judiciary committee do at their hearing on executive clemency. (Hopefully take up Kucinich's impeachment resolution and pass it) for the reasons below.
The diary that has Judge Walton's options can be found here:
http://www.dailykos.com/...
It has been widely mentioned that the President's powers to commute sentences are plenary. However, this is not accurate. This power cannot be exercised in cases of impeachment.
As was mentioned in the earlier diaries, there are two hearings coming up next week, one in front of Judge Reggie Walton, but also one by the House Judiciary Committee on clemency. Judge Walton's options have been covered in other threads, so I won't need to cover his options here.
With the upcoming hearings on executive clemency(starting Wednesday, July 11), if an impeachment resolution is passed, (it only takes a majority in the House), Mr. Libby can be dragged before the Senate and required to testify as the Senate has the role of viewing evidence and taking testimony.
As he is on "supervised release" lying or being held in Contempt of Congress for refusing to testify will undoubtedly cause revocation of his release, landing him in jail for the term of supervised release.
If the House doesn't vote to impeach, Judge Walton can toss Libby in the slammer every weekend for up to a year and generally make his life miserable.
With the impeachment resolution passed, Bush can't pardon Libby 1) as mentioned in other diaries, because then he could testify without fear of prosecution and 2), pardons and commutations are invalid during an impeachment proceeding.
Granted, getting Congress to vote that fast will take a miracle, but it all comes down to timing and the Dem's need to show some spine and pass articles of impeachment for both Bush and Cheney.
I have a feeling that Scooter knows enough about wrongdoing in this administration that enough Republican's will cave to save their own skins in 2008.
It is going to be an interesting week coming up.