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Maybe everyone should get a fine and probation for a obstruction of justice and perjury. You tell me.

In commuting I. Lewis Libby Jr.’s 30-month prison sentence on Monday, President Bush drew on the same array of arguments about the federal sentencing system often made by defense lawyers — and routinely and strenuously opposed by his own Justice Department.

Critics of the system have a long list of complaints. Sentences, they say, are too harsh. Judges are allowed to take account of facts not proven to the jury. The defendant’s positive contributions are ignored, as is the collateral damage that imprisonment causes the families involved.

On Monday, Mr. Bush made use of every element of that critique in a detailed statement setting out his reasons for commuting Mr. Libby’s sentence — handing an unexpected gift to defense lawyers around the country, who scrambled to make use of the president’s arguments in their own cases.

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Written by Guss

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