If his conviction stands because he "couldn't remember" exactly what he said or did with respect to an issue that was not even a crime...simply the investigation of the non-crime was the issue...then Hillary Clinton and half the democratic party should also be in the slammer IMHO.
How many times under oath could she "not remember"?
Anyhow, all of that is beside the point. The president can constitutionally and legally pardon the man and his doing so would not be side-stepping the law in the least.
After what Clinton did, this is very tame in comparison so th eleft and the dims have nothing to say...if we had someone with the will to stand up to them. Pardoning a politically prosecuted individual over a non-crime is understandable...Clinton pardoned out and out terrorists.
The President can also issue a reprieve which keeps him out of prison until after his appeal is settled.
Why all of this senseless talk of a pardon?! A respite of the sentence while the appeal is ongoing would be perfect!!!
If Libby wins on appeal, he clears his name. If he does not, then Bush could pardon him.