My decision to commute his prison sentence leaves in place a harsh punishment for Mr. Libby. The reputation he gained through his years of public service and professional work in the legal community is forever damaged. His wife and young children have also suffered immensely. He will remain on probation. The significant fines imposed by the judge will remain in effect. The consequences of his felony conviction on his former life as a lawyer, public servant, and private citizen will be long-lasting….

Did Bush give Libby and Cheney a choice between a commutation now to avoid jail or a pardon later, telling them it was one or the other?

Marcy Wheeler laments the commutation writing that Libby now retains his 5th Amendment privilege. That's true, but only until his appeals are exhausted. And even while the appeal is moving through the courts, Congress or the Justice Department could immunize him from further prosecution if either were to continue the investigation, thus compelling his testimony.

The bottom line is no one seems to have the power to investigate Dick Cheney. After all, Scooter Libby was just his pawn.

That, to me, is a lot sadder than Libby not having to go to jail.

Update: From the comments in Big Tent's thread: Paris Hilton did more jail time than Scooter.

Update: I wonder how Judge Reggie Walton feels about this. I'm also struck by Bush's hypocrisy over sentencing issues. He complains in his statement that Judge Walton disregarded the Probation Department's recommendation for a below guideline sentence which could have resulted in home detention or probation. Yet just this month he sent the Justice Department minions to Congress urging they increase the number of mandatory minimum offenses which would preclude judges from exercising that option.

Hypocrisy, thy name is Bush.

Another thought: One of the reasons I was late coming to the news is that I've spent the day writing briefs in two cases asking for sentences below the guidelines. Both cases involve non-violent offenses. My clients deserve the commutation more than Libby.