I'm obviously a bit wound up by the Duhbya-commutes-Scooter news. For the record, commutations and pardons are within the complete discretion of the executive - he can dole them out as he sees fit (or not). That Duhbya has the legal right/power/authority to do this is not in doubt. For once.
My general grumpiness stems from thoughts similar to Orin Kerr's over at Volokh:
Nonetheless, I find Bush's action very troubling because of the obvious special treatment Libby received. President Bush has set a remarkable record in the last 6+ years for essentially never exercising his powers to commute sentences or pardon those in jail. His handful of pardons have been almost all symbolic gestures involving cases decades old, sometimes for people who are long dead. Come to think of it, I don't know if Bush has ever actually used his powers to get one single person out of jail even one day early. If there are such cases, they are certainly few and far between. So Libby's treatment was very special indeed.Bottom line - being a douche isn't a crime.