7/02/2007
Bush and clemency, then and now
Let's compare, shall we?

THEN: From Alan Berlow's article, "The Texas Clemency Memos" from the July/August 2003 issue of The Atlantic:
On the morning of May 6, 1997, Governor George W. Bush signed his name to a confidential three-page memorandum from his legal counsel, Alberto R. Gonzales, and placed a bold black check mark next to a single word: DENY. It was the twenty-ninth time a death-row inmate's plea for clemency had been denied in the twenty-eight months since Bush had been sworn in. In this case Bush's signature led, shortly after 6:00 P.M. on the very same day, to the execution of Terry Washington, a mentally retarded thirty-three-year-old man with the communication skills of a seven-year-old.

[snip]

Gonzales's lack of attention to Washington's mental retardation is particularly surprising because demand was growing nationwide to ban executions of the retarded, and because the most highly publicized case of a retarded defendant, that of Johnny Paul Penry, was even then playing itself out in Texas courts. The miscarriages in the Washington case were also precisely the kind of thing Bush claimed to want to be told about. "I don't believe my role is to replace the verdict of a jury with my own," he wrote in his autobiography, A Charge to Keep (1999), "unless there are new facts or evidence of which a jury was unaware, or evidence that the trial was somehow unfair." Such information had indeed come to light in Washington's case, yet Gonzales's memorandum did not tell Bush about it.

NOW: From Ben Feller at AP, "Bush Commutes Libby prison sentence":

WASHINGTON - President Bush spared former White House aide I. Lewis "Scooter" Libby from a 2 1/2-year prison term in the CIA leak case Monday, delivering a political thunderbolt in a highly charged criminal case. Bush said the sentence was just too harsh.

Bush's move came just five hours after a federal appeals panel ruled that Libby could not delay his prison term. That meant Libby was likely to have to report soon, and it put new pressure on the president, who had been sidestepping calls by Libby's allies to pardon Vice President Dick Cheney's former chief of staff.

"I respect the jury's verdict," Bush said in a statement. "But I have concluded that the prison sentence given to Mr. Libby is excessive. Therefore, I am commuting the portion of Mr. Libby's sentence that required him to spend thirty months in prison."

[snip]

Yet, [Bush] added, "Others point out that a jury of citizens weighed all the evidence and listened to all the testimony and found Mr. Libby guilty of perjury and obstructing justice. They argue, correctly, that our entire system of justice relies on people telling the truth. And if a person does not tell the truth, particularly if he serves in government and holds the public trust, he must be held accountable."

Bush then stripped away the prison time.

Dubya finally discovers mercy, just in time to spring good ol' Scooter from the clink. Too bad for Terry Washington.
 
# by Chris @ 4:19 PM
Comments: Post a Comment