Conyers Asks Bush to Explain Libby Move

This image provided by the U.S. District Court, Washington, shows the check, and receipt, for the fine imposed on former White House aide I. Lewis "Scooter" Libby in the CIA Leak trial, which was paid, Thursday, July 5, 2007. (AP Photo/U.S. District Court, Washington) (AP)

WASHINGTON -- House Judiciary Chairman John Conyers exhorted President Bush Monday to allow top aides to explain to Congress why Bush commuted I. Lewis "Scooter" Libby's prison sentence.

In a letter to Bush, Conyers said the commutation was troubling and could eliminate Libby's incentive to provide information about the administration's role in leaking the identity of former CIA officer Valerie Plame Wilson.

Libby, who was a top aide to Vice President Dick Cheney, was sentenced to 2 1/2 years in prison for obstructing justice in a federal probe of the leak.

Bush, calling the sentence excessive, used his executive authority last week to commute the sentence, sparing Libby from prison.

Conyers, D-Mich., urged Bush "to waive executive privilege and provide the relevant documents and testimony of any relevant aides regarding your decision to commute Mr. Libby's sentence."

The congressman said that his committee on Wednesday will hold a hearing to "explore the grave questions that arise when the presidential clemency power is used to erase criminal penalties for high-ranking executive branch employees whose offenses relate to their work for the president."

Conyers acknowledged that President Clinton pardoned Marc Rich, whose ex-wife was a major Clinton campaign donor. But Clinton waived executive privilege and allowed top aides to testify before Congress about that matter, Conyers noted in his letter.

White House spokesman Tony Snow said the Office of Legal Counsel had not finished reviewing the letter and so he could not comment fully on it. But he said two things _ what Snow called "admissions" _ "jumped out" in the initial reading: that Conyers appeared to concede that the president has both executive privilege rights and clemency authority.

With his commutation, Bush pushed the CIA leak case into uncharted legal territory, U.S. District Judge Reggie B. Walton said last week. The president wiped away the sentence but left in place Libby's two years of supervised release.

But supervised release _ a form of probation _ is available only to people who have served prison time. Without prison, Walton had said earlier, it's unclear what happens next.

Walton said in court documents that the law "does not appear to contemplate a situation in which a defendant may be placed under supervised release without first completing a term of incarceration."

White House Counsel Fred Fielding, Special Prosecutor Patrick Fitzgerald and Libby's defense team filed court documents Friday arguing that Libby should simply report to probation officers as if he had been recently released from prison. Under supervised release, Libby would have to submit written reports to probation officers each month and secure full-time employment. He would be prohibited from traveling without permission.

Libby has already paid a $250,000 fine.

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Associated Press Writer Matt Apuzzo contributed to this story.