Mr. Bush, other convicts now want you to give them Libby treatment

The Baltimore Sun

ATLANTA -- Dear Mr. President: Somewhere in South Florida, in the dreary and close quarters of a federal prison, a die-hard Democrat is probably cheering you. So is his newest lawyer. Your decision to commute I. Lewis "Scooter" Libby Jr.'s sentence is the best news Bill Campbell has had in a long time.

You see, one of Mr. Campbell's attorneys, Ohio State law professor Douglas Berman, went to court just last month to argue that Mr. Campbell's sentence, too, is excessive. Mr. Campbell, like Mr. Libby, was sentenced to serve 30 months. His sentence, like Mr. Libby's, was within federal guidelines.

Mr. President, let me tell you a little about Mr. Campbell, a two-term mayor of Atlanta. He should have been one of the best chief executives in modern times; he was bright, well-educated and frequently charming. But it turns out he was also mean, petty, narcissistic and greedy. He headed one of the most corrupt administrations in modern Atlanta history: The federal investigation that led to his conviction also resulted in the convictions or guilty pleas of a dozen other people.

Mr. Campbell richly deserved his prison cell. Of course, the same could be said of Mr. Libby.

In your statement defending your commutation, you noted that Mr. Libby "was handed a harsh sentence based in part on allegations never presented to the jury." That echoes the central argument that Mr. Berman made in Mr. Campbell's behalf. While he was convicted last year on three counts of tax evasion, Mr. Campbell was acquitted on charges of racketeering and taking bribes.

But U.S. District Judge Richard W. Story specifically referred to the corruption charges in handing down a tough sentence.

In June, Mr. Berman argued that was unfair: "What does it say for promoting respect for a jury system for a judge to say, 'I think he needed a longer sentence?'"

You also noted that Mr. Libby is a first-time offender with years of exceptional public service. Mr. Campbell is, too. A younger, better Mr. Campbell served briefly as a federal prosecutor. Before he ran for mayor, he served ably on the City Council, where he defended in-town neighborhoods against runaway development and looked out for the little guy.

You further stated that Mr. Libby would be punished aplenty without prison. "His wife and young children have also suffered immensely. ... The consequences of his felony conviction on his former life as a lawyer, public servant and private citizen will be long-lasting," you said. Well, Mr. President, Mr. Campbell's defenders say the same holds for him. His long-suffering wife, as well as his son and daughter, suffered immeasurably through a years-long federal investigation. Now they have to visit their husband and father in prison.

"I can tell you chapter and verse about how Bill Campbell's reputation has been tarnished beyond repair," Mr. Berman said in a telephone interview last week. His license to practice law has been suspended; he will probably be disbarred.

Mr. Berman didn't accuse you of hypocrisy, though.

"For it to be hypocrisy requires somebody to be thoughtful or knowing. I don't think the president or [press secretary] Tony Snow even know that the points they are using to defend the Libby [commutation] run counter to the points their prosecutors use every day in court," Mr. Berman said. "[Mr. Snow] stood there and said [they] didn't do anything for Libby [they] wouldn't do for anybody else."

Convict Campbell, pack your bags!

As you can see, Mr. Berman has marshaled his arguments for the next round of appeals. Indeed, he's probably not the only defense attorney with a new admiration for your compassion and wisdom. And Mr. Campbell isn't the only convict looking for the Libby treatment.

Cynthia Tucker is editorial page editor for The Atlanta Journal-Constitution. Her column appears Mondays in The Sun. Her e-mail is cynthia@ajc.com.

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