‘NYT’: Libby May Not Even Serve Probation — Due to Possible Bush Error

By: E&P Staff

President Bush, in defending his decision to let “Scooter” Libby escape prison in the CIA leak cases, argued that at least he would have to serve two years of probation.

However, the federal judge who handed down the commuted 30-month sentence, pointed out Tuesday that, technically, this does not hold — since Libby did not serve any prison time at all he does not have to face probation.

Here’s how The New York Times reports it on Wednesday:

“In issuing his commutation order on Monday, Mr. Bush left intact Mr. Libby?s conviction, a $250,000 fine and the two years of postprison supervised release that were ordered by Judge Reggie B. Walton of Federal District Court.

“But the details of the president?s order raised procedural questions in court.

“Judge Walton said Tuesday that the law did not allow for imposing a period of supervised release on an individual who had not first completed a jail sentence. He asked the lawyers for both sides to submit briefs next week on whether Mr. Libby should have to submit to supervision by the probation office.”

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