Libby Not out of Jail Yet

Scooter Libby may have to serve some time before his executive clemency kicks in.

The White House has been saying President Bush pretty much decided on his own to grant clemency to Mr Libby just hours after an Appeals Court panel ordered him to prison immediately.

Next time, the President may want a lawyer to read over his work before he fires it off.

The judge who sentenced Mr Libby to 30 months in jail on four felonies says the way the commutation was set up -- it can't take effect until after Mr Libby spends time behind bars.

“Strictly construed, the statute authorizing the imposition of supervised release indicates that such release should occur only after the defendant has already served a term of imprisonment,” US District Judge Reggie Walton, July 3rd Order on a potential legal flaw in Scooter Libby's Commutation

White House spokesman says Counsel Fred Fielding checked over Mr Bush's paperwork first -- and says he's sure the Walton Order won't stand up. (CNN)