President Bush no doubt knows that his commutation of the prison sentence of I. Lewis

President Bush no doubt knows that his commutation of the prison sentence of I. Lewis “Scooter” Libby, the top aide of Vice President Dick Cheney, in the C.I.A. leak case will forever be a part of his legacy. Libby had been ordered to serve 30 months in prison for his convictions on perjury and obstruction charges in the case related to the leaking of Valerie Plame Wilson’s identity.

Bush’s commutation was roundly criticized because it was viewed as executive branch interference in the work of the judicial branch. Libby had just lost a bid before an appellate court to remain free pending further review of his convictions when Bush stepped in.

It would certainly be an abuse of power if the Oval Office got involved in another case involving the executive. We would hope the president uses the remaining months in his tenure to mend his reputation, not further damage it.

Bush should steer clear of the investigation launched this week by Attorney General Michael Mukasey to determine whether former Attorney General Alberto Gonzales, other Bush administration officials or Republicans in Congress should face criminal charges in the firings of nine U.S. attorneys.

Mukasey has appointed Nora Dannehy, the acting U.S. attorney in Connecticut, to pursue the inquiry, leaving open the possibility that it won’t be finished before the president leaves office in January.

The criminal probe follows the recommendation of internal Justice Department investigators who concluded that, despite denials of the administration, political considerations played a part in the firings of as many as four of the federal prosecutors.

Lack of cooperation

In their 358-page report, investigators said the lack of cooperation by senior officials at the White House and in the Justice Department left gaps in their findings that should be investigated further.

“Serious allegations involving potential criminal conduct have not been fully investigated or resolved,” the report said, listing lying to investigators, obstruction of justice and wire fraud among the potential felony crimes.

Democratic and Republican senators who initially led the congressional hearings into the firings made it clear that a presidential pardon would be unacceptable.

U.S. attorneys are political appointees who serve at the pleasure of the president, but cannot be fired for improper reasons. Justice Department officials contended that the terminations of the nine were the result of poor performance on their part — after saying that the decision to let them go was not triggered by their job performances.

The employment records of the attorneys showed that they had received high marks for the way they carried out their responsibilities.

Inquiries by Congress and the Justice Department revealed that President Bush personally talked to then Attorney General Gonzales about concerns that were voiced to him by Republicans about the way some of the federal prosecutors were doing their jobs.

Several of the fired U.S. attorneys told the Senate Judiciary Committee that there was improper pressure on them by Republicans with regard to pending cases.

It is fortunate that the resignations of Gonzales and his top aide, Kyle Sampson, did not bring the case to an end.

Now, a special prosecutor with the freedom to operate without political pressure will be pursuing the question of criminal behavior by those in the executive branch.

This sordid tale of political shenanigans will not end until a credible, independent criminal investigation is conducted.