In his first public comments on the matter Libby judge took issue with sentence being "excessive"

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Libby judge 'perplexed' by clemency
His 30-month sentence was appropriate for the former Cheney aide, he writes in his first public comments on the issue.
By Richard B. Schmitt, Times Staff Writer
July 13, 2007
http://www.latimes.com/news/nationworld/nation/la-na-libby13jul13,0,1576658.story?coll=la-home-center

WASHINGTON — In an unusual expression of frustration, the judge who sentenced former White House aide I. Lewis "Scooter" Libby to 30 months in jail, only to see the sentence commuted by President Bush, said he was "perplexed" by the act of clemency.

In his first public comments on the matter, U.S. District Judge Reggie B. Walton took issue with Bush's statement that the prison sentence ordered for Libby last month was "excessive." Walton defended the sentence, saying that he followed established legal precedents as well as a strict interpretation of federal sentencing guidelines that has been supported by Bush's own administration.

"In light of these considerations … it is fair to say that the court is somewhat perplexed as to how its sentence could accurately be characterized as 'excessive,' " Walton wrote.

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The 30-month sentence for Libby, Walton observed, was at the low end of federal sentencing guidelines. The Bush administration and the Justice Department, he pointed out, have been strong proponents of those guidelines for judges, which are supposed to ensure that defendants in federal cases receive similar sentences for the same crimes.

<<snip>>

He also questioned whether Bush had the constitutional power to order the supervised release without sending Libby to jail. The form of probation, according to the law, is supposed to be reserved for after someone has served time.

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