Now about that Scooter Libby case.  No one in the case appears very happy with W's commutation.  The Left wanted hard jail time, and the Right wanted him to walk away free.   So a major misstep by Bush, right?  We should be getting used to that by now, I hear you thinking.

Maybe this wasn't a misstep at all, but a carefully fabricated strategy that has a chance of vindicating Libby and clearing the White House.

The conventional wisdom is that Libby has little chance on appeal, but I've always thought this was more wishful thinking than a considered evaluation.  Think about all the issues that the defense could raise: 

• constitutionality of the special prosecutor
  
• refusal of the judge to allow exculpatory evidence
  
• absence of an underlying crime
  
• juror friendly with a key witness (Russert)
  
• clear animus of the judge against the defendant

I think chances for dismissal are good.  So here's the point:  if Bush had pardoned Libby, the appeal would automatically been rendered moot.  No opportunity for Libby (and Bush) to get his reputation back.  But with commutation, the case proceeds on appeal, and Libby stays out of jail until the (inevitable?) overturning of the conviction. 

Clever, no?