New York Times on Scooter Libby

The New York Times points out the obvious in the Scooter Libby case:

Until he commuted the 30-month prison sentence of I. Lewis Libby Jr. on Monday, President Bush had said almost nothing about his philosophy in granting clemency while at the White House.

As governor of Texas, though, Mr. Bush discussed and applied a consistent and narrow standard when deciding whether to issue pardons and commutations. And that standard appears to be at odds with his decision in the Libby case.

Mr. Bush explained his clemency philosophy in Texas in his 1999 memoir, “A Charge to Keep.”

“In every case,” he wrote, “I would ask: Is there any doubt about this individual’s guilt or innocence? And, have the courts had ample opportunity to review all the legal issues in this case?”

In Mr. Libby’s case, Mr. Bush expressed no doubts about his guilt. He said he respected the jury’s verdict, and he did not pardon Mr. Libby, leaving him a convicted felon. And Mr. Bush acted before the courts had completed their review of his appeal.

“As governor, Bush essentially viewed the clemency power as limited to cases of demonstrable actual innocence,” said Jordan M. Steiker, a law professor at the University of Texas who has represented death-row inmates.

“The exercise of the commutation power in Libby,” Professor Steiker continued, “represents a dramatic shift from his attitude toward clemency in Texas, and it is entirely inconsistent with his longstanding, very limited approach.”