From the: "We left two penalties imposed by the court... didn't we?" Department

Tony Snow's editorial in USAToday made it clear that Bush's middle ground approach was intending to leave behind probation and a fine as penalties on Scooter Libby. The court's are not so sure. Apparently, the sentencing judge is of the opinion that a strict reading of the probation statute indicates the probation can only take place after an incarceration. Since Libby never actually served any time, parole may not actually be something in his future.

This case presents two interesting questions:

1) Will Bush take advantage of this wiggle room the judge has left him to remove one of the only two penalties that he didn't commute (and I would point out that reports are the Libby will be reimbursed the $250,000 plus a substantial portion of his legal fees as a result of private fund-raisers on his behalf)?

2) Doesn't it seem like a lot of the defenses that get thrown up against things that are done by this administration have a similar tone, "The Constitutions gives the President the power... ", "The President is within his power... ", "No law stops the President from... ". My reading of the whole Valerie Plame thing was that someone in the administration wanted to take a bit of a cheap shot at Joe Wilson. Nothing illegal was done but that doesn't mean that what was done wasn't immoral or, at best, ill-advised. The same can be said for the targeted firings of AGs mid-term. Nothing illegal, unconstitutional or indictable was done. However, the question of judgment (both moral and logical) appears to be a good one. This President has made his political career on black and white distinctions of right and wrong. North Korea and Iran are "evil". I think it's the administrations apparent lack of understanding of nuance that galls me the most.