Libby Judge “Perplexed” by Commutation

14 Jul ’07

From the WSJ’s Law Blog comes word of this footnote in Judge Walton’s sentencing order: “It is fair to say that the Court is somewhat perplexed as to how its sentence could be accurately characterized as ‘excessive.’ Although it is certainly the president’s prerogative to justify the exercise of his constitutional commutation power in whatever manner he chooses (or even to decline to provide a reason for his actions altogether), the Court notes that the term of incarceration imposed in this case was determined after a careful consideration of each of the requisite statutory factors. . . and was consistent with the bottom end of the applicable sentencing range as properly calculated under the United States Sentencing Guidelines.””

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