Michelle Tsai, Slate Magazine, July 6, 2007
I. Lewis “Scooter” Libby, Dick Cheney’s former chief of staff, paid a $250,000 fine on Thursday, part of his punishment for lying to investigators about the leaked identity of CIA operative Valerie Plame. The president commuted his 30-month prison sentence on Tuesday, and so far hasn’t ruled out a full pardon. If Libby gets pardoned, can he get his money back?
Technically, yes, but it won’t be easy. Once a convicted criminal pays a fine, the treasury can’t issue a refund—even if that person is later exonerated. For Libby to get back his 250 Gs, Congress would need to pass a law to make the funds available. Or it’s possible that President Bush could issue a customized presidential pardon that specifies a refund.
Libby paid by cashier’s check, but the fine didn’t necessarily come out of his own pocket. There’s no law that says you have to pay with your own money; in fact, anyone could have walked to the U.S. district court for the District of Columbia and paid Libby’s fine for him outright. The money could have come from Libby’s legal-defense fund (which has $5 million in its coffers) so long as the fund’s trustee agrees. While Libby’s personal finances are a bit of a mystery today, that may soon change: According to the terms of his supervised release, he’s required to report all income of more than $500.