Snow Plays Lawyer

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OK, here’s the last you’ll hear from this morning’s press conference. As we noted earlier, Tony Snow cited a respect for the jury’s decision as one of the driving considerations for the commutation, but he also strove to cast the president decision as in line with with the probation office, which makes sentencing recommendations to the judge. In Scooter Libby’s case, the probation office recommended 15-21 months imprisonment and cited some possible grounds upon which the judge might reduce that sentence. The judge disagreed with the probation office and sided with the prosecutor’s arguments that a 30-36 month sentence was more appropriate, ultimately deciding on 30. (Unfortunately, the probation office’s actual recommendation is not public.)

But to hear Snow tell it, the probation office had recommended no jail time for Libby.

Snow: …He does respect what the judge says, but he also respects what… if you took a look at the trial record at what the parole commission [he means the probation office] recommended, that what the parole commission recommended was highly consistent with what the president thought was an appropriate punishment here.

Q: Well, no they talk about 16, 16 plus months.

Snow: Now, that is there’s a range.. what what you’re taking a look….this gets very complicated….

You have obstruction of justice and then you have mitigating factors that bumps it down – and the bump down gets you, according again to the parole commission, to an area where it would be appropriate, would be within acceptable guidelines to have such things as home detention or probation.

Libby’s lawyers, of course, argued for such a “bump down” (or “downward departure” in the legal lingo). So what Snow is really saying is that the president agreed with Libby’s lawyers interpretation of the probation office’s recommendations. Which is no surprise at all.

Update: Bush also cited the probation office’s recommendation in his statement on the commutation: “In making the sentencing decision, the district court rejected the advice of the probation office, which recommended a lesser sentence and the consideration of factors that could have led to a sentence of home confinement or probation.”

Update: Here’s the AP’s straightforward take on this:

“To hear Snow tell it, Walton ignored the recommendation of probation officials and sentenced Libby to prison. That isn’t what happened. Probation officers recommended Libby serve 15-21 months. Special Prosecutor Patrick Fitzgerald recommended more than 30 months. Libby’s attorneys asked for probation.

Walton accepted Fitzgerald’s interpretation of the law, which said Libby should be sentenced more harshly because of the seriousness of the investigation he obstructed.”

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