WASHINGTON - President Bush spared former White House aide I. Lewis "Scooter" Libby from a 2 1/2-year prison term in the CIA leak investigation Monday, delivering a political thunderbolt in the 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."
Special Prosecutor Patrick Fitzgerald disputed the president's assertion that the prison term was excessive. Libby was sentenced under the same laws as other criminals, Fitzgerald said. "It is fundamental to the rule of law that all citizens stand before the bar of justice as equals," the prosecutor said.
Bush's decision enraged Democrats and cheered conservatives - though some of the latter wished Bush had granted a full pardon.
"Libby's conviction was the one faint glimmer of accountability for White House efforts to manipulate intelligence and silence critics of the Iraq war," said Senate Majority Leader Harry Reid. "Now, even that small bit of justice has been undone."
House Speaker Nancy Pelosi, D-Calif., said Bush's decision showed the president "condones criminal conduct."
Unlike a pardon, which would have wiped away Libby's criminal record, Bush's commutation voided only the prison term.
The president left intact a $250,000 fine and two years' probation for his conviction of lying and obstructing justice in a probe into the leak of a CIA operative's identity. The former operative, Valerie Plame, contends the White House was trying to discredit her husband, a critic of Bush's Iraq policy.
Bush said his action still "leaves in place a harsh punishment for Mr. Libby."
Libby was convicted in March, the highest-ranking White House official ordered to prison since the Iran-Contra affair roiled the Reagan administration in the 1980s. Arms were secretly sold to Iran to gain freedom for American hostages, with the money funneled to anti-communist guerrillas in Nicaragua in spite of a congressional ban. Bush's father, former President George H.W. Bush, issued pardons for six former officials shortly before leaving office in 1992.
Testimony in the Libby case revealed the extraordinary steps that Bush and Cheney were willing to take to discredit a critic of the Iraq war.
Libby's supporters celebrated the president's decision.
"President Bush did the right thing today in commuting the prison term for Scooter Libby," said House Republican Whip Roy Blunt of Missouri.
"That's fantastic. It's a great relief," said former Ambassador Richard Carlson, who helped raise millions for Libby's defense fund. "Scooter Libby did not deserve to go to prison and I'm glad the president had the courage to do this."
Already at record lows in the polls, Bush risked a political backlash with his decision. President Ford tumbled in the polls after his 1974 pardon of Richard M. Nixon, and the decision was a factor in Ford's loss in the 1976 presidential election.
White House officials said Bush knew he could take political heat and simply did what he thought was right. They would not say what advice Cheney might have given the president.
On the other hand, Bush's action could help Republican presidential candidates by letting them off the hook on the question of whether they would pardon Libby.
Bush said Cheney's former aide was not getting off free.
"The reputation he gained through his years of public service and professional work in the legal community is forever damaged," Bush said. "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."
A spokeswoman for Cheney said simply, "The vice president supports the president's decision."
The White House said Bush came to his decision in the past week or two and made it final Monday because of the ruling of the appeals panel, which meant Libby would be going to prison soon.
The president's announcement came just as prison seemed likely for Libby. He recently lost an appeals court fight that was his best chance to put the sentence on hold, and the U.S. Bureau of Prisons had already designated him inmate No. 28301-016.
Bush's statement made no mention of the term "pardon," and he made clear that he was not willing to wipe away all penalties for Libby.
The president noted Libby supporters' argument that the punishment did not fit the crime for a "first-time offender with years of exceptional public service."
Yet, he 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.
The leak case has hung over the White House for years. After CIA operative Valerie Plame's name appeared in a 2003 syndicated newspaper column, Special Prosecutor Fitzgerald questioned top administration officials, including Bush and Cheney, about their possible roles.
Nobody was ever charged with the leak, including Deputy Secretary of State Richard Armitage or White House political adviser Karl Rove, who provided the information for the original article. Prosecutors said Libby obstructed the investigation by lying about how he learned about Plame and whom he told.
Plame believes Libby and other White House officials conspired to leak her identity to reporters in 2003 as retribution against her husband, Joseph Wilson, who criticized what he said was the administration's misleading use of prewar intelligence on Iraq.
Attorney William Jeffress said he had spoken to Libby briefly by phone and "I'm happy at least that Scooter will be spared any prison time. ... The prison sentence was imminent, but obviously the conviction itself is a heavy blow to Scooter."
A White House official notified the trial judge, U.S. District Judge Reggie B. Walton, of the decision. Walton, a Bush appointee who served in the White House under the president's father, had cited the "overwhelming" evidence against Libby when he handed down his sentence. A courthouse spokesman said Walton would not comment.