What if he was a foreigner?

Saturday, February 16th, 2008
By: Jonathan MontagJ.D.

I. Lewis “Scooter”Libby

I. Lewis “Scooter” Libby was convicted on June 14, 2007, of obstruction of justice, making false statements, and perjury. Mr. Libby is a former Assistant to the President of the United States, George W. Bush, Chief of Staff to the Vice President of the United States, Dick Cheney, and Assistant to the Vice President for National Security Affairs. For the obstruction of justice charge he was sentenced to 30 months incarceration and for the perjury charge he was sentenced to 24 months incarceration. President Bush, on July 2, 2007, commuted the sentences. Both of these crimes are aggravated felonies under INA § 101(a)(43)(S), which defines obstruction of justice and perjury as aggravated felonies when the sentence is a year or more. An aggravated felony is a deportable offense for which no relief from deportation is available. Arguably, the commutation of the sentence would mean that Mr. Libby was not sentenced to a year or more in prison, and he would not be an aggravated felon. The crimes are also crimes involving moral turpitude which would render Mr. Libby deportable, but eligible for Cancellation of Removal relief. INA § 240A(a). Should President Bush, or another President, pardon Mr. Libby, he would not be deportable at all. INA § 237(a)(2)(A)(vi).



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