Did Libby Make a Deal?

And as Isikoff and Hosenball point out, Bush himself publicly reaffirmed his policy in a Feb. 1 interview with Fox News anchor Neal Cavuto, when he was asked about pardoning two former U.S. Border Patrol agents convicted of criminal civil rights violations.

"You know, I get asked about pardons on a lot of different cases. And there's a procedure in place," Bush said. "There is a process in any case for a president to make a pardon decisions. In other words, there is a series of steps that are followed, so that the pardon process is, you know, a rational process."

The Pardon Furor

In their Post story, Baker and Leonnig write: "President Bush said yesterday that he is 'pretty much going to stay out of' the case of I. Lewis 'Scooter' Libby until the legal process has run its course, deflecting pressure from supporters of the former White House aide to pardon him for perjury and obstruction of justice.

"Libby's allies said Bush should not wait for Libby to be sentenced, and should use his executive power to spare Vice President Cheney's former chief of staff the risk of prison time for lying to a grand jury and FBI agents about his role in leaking the name of an undercover CIA officer. But the prospect of a pardon triggered condemnation from Democrats and caution from some Republicans wary of another furor.

"Defense lawyers for Libby said they are focused on seeking a new trial and appealing Tuesday's jury verdict, while making clear that they believe the president should step in. 'Our number one goal is to see Scooter's conviction wiped out by the courts and see him vindicated,' attorney William Jeffress Jr. said in an interview. 'Now, I've seen all the calls for a pardon. And I agree with them. To me, he should have been pardoned six months ago or a year ago.'"

The urgency of the calls for a pardon would certainly be greater if Libby were actually in jail. He was freed pending sentencing after his conviction Monday.

In a separate Post article, Leonnig and Michael D. Shear write: "As ... Libby's attorneys began mapping his appeals yesterday, legal experts predicted that Vice President Cheney's former top aide has an excellent chance of avoiding prison time for his perjury convictions until late 2008, perhaps until after the presidential election."

But, as the Baker and Leonnig story points out, "if Special Counsel Patrick J. Fitzgerald insists that Libby begin serving his sentence right away and Walton agrees, it could force the question sooner."

Scott Shane writes in the New York Times: "The pardon speculation, political and financial, is inspired in part by the example set by President Bush's father, who shortly before leaving office pardoned six federal officials who had been charged in the Iran-contra scandal, which involved the funneling of money to the Nicaraguan contras from the proceeds of arms sales to Iran. Those pardoned included Caspar W. Weinberger, who was President Ronald Reagan's secretary of defense; and Elliott Abrams, who is a senior official on the National Security Council.

"In a Dec. 24, 1992, proclamation granting the six men clemency, the first President Bush offered a three-page justification making assertions already being echoed by proponents of a pardon for Mr. Libby. . . .

"Lawrence E. Walsh, the independent prosecutor in the Iran-contra affair, denounced the pardons at the time, saying they 'undermined the principle that no man is above the law.'"

Michael Duffy and Brian Bennett write for Time: "Bush may have an incentive to at least keep the door open to a possible pardon, rather than foreclosing it now, as Democrats insist. In his first comments after the verdict, Special Counsel Patrick Fitzgerald hinted that he might argue for leniency in Libby's sentencing if Dick Cheney's former aide decided to cooperate with the government now that he's been convicted. "Mr. Libby is like any other defendant. If his counsel or he wish to pursue any options, they can contact us," said Fitzgerald. Without the possibility of a Presidential pardon, Libby would presumably have more incentive to strike a deal. And since Fitzgerald would clearly be seeking more information about the role of other Administration figures, including Vice President Cheney, it might not be something Bush would want to encourage."