Libby's Sentence

Libby is sentenced to thirty months but will be free pending a resolution of whether he should be allowed to remain free on appeal - the defense and prosecution will file briefs and next week Judge Walton will rule on whether Libby's grounds appeals are sufficiently novel and substantial that he should be allowed to remain free while the appeals percolate through the system.  Per Marcy Wheeler's liveblog, the judge is not being asked to rule on the likelihood that Libby's appeals will be successful:

Mr. Libby’s status. Only issue is whether appeal would raise substantial questions of law or fact.

Wells: Our position that based on number of extensive opinions your honor could rule form bench that there are substantial issues.

Walton: I think all those opinions are correct. [And who does not respect a judge with self-confidence?  TM]

Wells:  ...We don’t have to establish with caselaw there is a probability, we only have to prove there are substantial questions, wrt to those alone, the court recognizes that the court was going into uncharted territory.

My guess - next week Judge Walton will send Libby to the slammer, which seems to mean he would report in 45-60 days.

Assuming that to be the case, what does Bush do next?  Does Dick Cheney still have any sway in this Administration, and how hard will he push for a Libby pardon?  Will a Libby pardon be offered as an olive branch to the righties who are furious with Bush over immigration?  Would such an olive branch be accepted by a newly-reconciled right, or would it be used to smack Bush forcefully about the head and shoulders?  After all, immigration reform will have a much greater impact on people's lives than the question of whether Libby does or does not go to jail.

If Bush wants to mend fences with the right, he better start mending the border fence.

And if Bush wants his comprehensive bill, maybe a Libby pardon that alienates the media and a big chunk of the public in a futile attempt to placate the right will not be seen as the best way to get it.  (Hmm, am I saying a Libby pardon would be stupid and ineffectual?  Call it a lock, then!)

Last wrinkle - Fred Thompson has been a big Libby backer.  He laid out his objections to the process that led us to Fitzgerald last winter.  And he makes similar points here - his main theme is that there was no IIPA violation because Ms. Plame was not covered by the statute:

The only problem with this little scenario was that there was no violation of the law, by anyone, and everybody — the CIA, the Justice Department and the Special Counsel knew it. Ms. Plame was not a “covered person” under the statute and it was obvious from the outset.

He may be right about that.  A bit more:

I have called for a pardon for Scooter Libby. When you rectify an injustice using the provisions of the law, just as when you reverse an erroneous court decision, you are not disregarding the rule of law, you are enforcing and protecting it.

OK - does a Libby pardon become a hot potato for the other Republican Presidential aspirants?

ADD THIS:

Thursday, May 03, 2007
Pardon Scooter Libby?
WASHINGTON (CNN) -- Of the GOP presidential field, only Reps. Duncan Hunter of California and Tom Tancredo of Colorado raised their hands to indicate they would pardon Lewis "Scooter" Libby, Vice President Cheney's former chief of staff.

Libby was convicted in March of lying and obstructing an investigation in the Valerie Plame leak case.

-- CNN Political Researcher Xuan Thai

But wait - last May, "let the case play out" was the dodge.  What now, assuming Libby is sent to jail?

If Judge Walton, President Bush, and Citizen Libby can agree, would Libby take this: no jail pending appeals in exchange for no pardon now or ever?

MORE: 

ROSTOCK, Germany (AP) - President Bush feels "terrible" for the family of I. Lewis Libby but does not intend to intervene now in the case of the former top aide to Vice President Dick Cheney who was sentenced to prison Tuesday, the White House said.

Bush was informed by aides of Libby's sentencing in Washington two 2 1/2 years in prison after he got on Air Force One Tuesday to fly from the Czech Republic to Germany for the G-8 summit of industrialized nations.

They can kick this down the road at least until the judge rules next week.

EQUAL JUSTICE:  Jeff Goldstein is vivid on the gap between the Libby and Berger coverage:

For months and months now we’ve been hearing that the Libby trial was about the dangers of the “powerful” covering up their secrets—that Plame’s “outing” could actually jeopardize national security, and other self-righteous, hyperbolic, and patently absurd justifications for pushing forward in the hope of grabbing a Republican scalp.

Meanwhile, right here in front of us, we have a case where Sandy Berger, a former National Security Advisor, has voluntarily surrendered his law license rather than come clean about what documents he destroyed, why he destroyed them, and who he was trying to protect in doing so.

When I begin to hear the same people who’ve been braying for Libby’s blood take similar aim at Berger—and by all rights, their animus should be even more concentrated, given Berger’s position and power, and given the nature of his crime, which involved the pilfering and destruction of classified documents. 

No reason to think of this as Berger protecting a former President; think of it as Berger protecting a future First Spouse.

Well, Berger can become an issue as Hilary runs.  And her supporters can claim she is being swift-boated, and the media will continue to ignore Berger, and the right (yes, me, dammit!) will seethe... Barack, anyone?

WHILE MY GUITAR KEYBOARD GENTLY WEEPS: On the off chance that someone is wondering just what in the world my official editorial position is on any of this (and because having an official editorial positions seems so very tidy and responsible), let me reprise some of my commentary following the Libby verdict last March.

On the underlying validity of the Fitzgerald investigation - this relates to Fred Thompson's point that the DoJ should have shut this down:

From Mar 6, 2007:

Obviously in some cases, there is no argument that obstruction can obstruct an investigation.  However, in this specific case Mr. York could have been more emphatic - Libby's alleged lies did not, for example, obstruct an investigation into murder, because there was no dead body anywhere in evidence.  Similarly, it can be argued (as by York or Toensing) that Libby's testimony did not obstruct an investigation into the outing of a covert agent because Ms. Plame was not "covert" as defined by the Intelligence Identities Protection Act.  Similarly, the Espionage Act has hurdles that no reasonable prosecutor could have hoped to overcome, beginning with the intent clause of the first sentence:

Whoever, for the purpose of obtaining information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the United States...

In this view, Fitzgerald spent two years investigating whether the Administration attempted to manipulate the media and avoid embarrassment while rebutting a critic.  Since those activities are not crimes, Libby's testimony could not have obstructed a criminal investigation.

Of course, the Department of Justice could have made this determination before appointing Fitzgerald as Special Counsel, so the real failure of leadership was elsewhere.

I think Fitzgerald was handed a perjury/obstruction case and ran with it, which is fine as far it goes, since those are crimes, too.  However, Fitzgerald's pretense that he was engaged in a search for "the truth" is not sustained by his own record:

In Jan 2004 Fitzgerald learned from Ari Fleischer that David Gregory had received a leak on the morning of July 11, which certainly gave Russert time to chat with Gregory and then with Libby.

Did Fitzgerald call Gregory to verify Fleischer's testimony?  No. Why not?  Ask Fitzgerald.  But my guess is that he figured that Gregory would only undermine the case he was constructing against Libby, and building that case was more important than learning the truth.

Let's note that I am using the word "learned" loosely there - John Dickerson denied (in print, not under oath) receiving that leak from Ari Fleischer; Fleischer's story was that he leaked to both Dickerson and Gregory while chatting in Africa.

But as of Jan 2004, as best Fitzgerald knew Russert's colleague had received a leak on July 11.  Where was the follow up?  And when will NBC News follow up on this loose end?  (NBC's timetable revealed!)

My position on Ms. Plame's covertiness is that it is a subtle legal point that has never been fully briefed or litigated, and we still don't know enough to know.  I also have an original thought about a place to look for non-definitive guidance that I think the Libby defense overlooked, to wit, Ms. Plame's  pension calculation; by law, she receives additional credit for service abroad, a key point of dispute in the applicability of the Intelligence Identities Protection Act.  (A religious question - since I think Ms. Plame's covert status is knowable but currently unknown, I am rejecting the label of "agnostic".  Am I right on the usage?)

On the broad question of Libby's guilt, I am not chasing him with a noose or pitchfork but I am not pretending he is an angel, either: (or Raw Story)

Maguire doesn't completely buy Libby's "I forgot" story, and believes that it's possible that the former vice president aide was just trying to keep his boss's involvement hidden.

"Personally, I think the single most probable scenario is that Libby uhh, shaded his testimony to keep Cheney out of the story," Maguire says.

And on the pardon question, my temporizing suggestion was that Bush ought to declassify some of the underlying material so that We the People can see for ourselves the seriousness of the crime and the Fitzgerald investigation - my goodness, the judge just sentenced Libby for obstructing an investigation into whether Ms. Plame was covert, and the judge still does not know if she is covert (He does know that the CIA says she is covert under their definition, and that their definition does not mirror the IIPA - quite a difference.)  Time to find out.

FEEL THE LOVE:  Scooter's letter, mostly positive, at The Smoking Gun.

NRO Editors - Pardon Libby.

Comments

[Jeff Dobbs]

Carrying this forward from last thread, from alcibiades:

President Bush feels "terrible" for the family of I. Lewis Libby but does not intend to intervene now in the case of the former top aide to Vice President Dick Cheney who was sentenced to prison Tuesday, the White House said.

[alcibiades]

Will a Libby pardon be offered as an olive branch to the righties who are furious with Bush over immigration? Would such an olive branch be accepted by a newly-reconciled right, or would it be used to smack Bush forcefully about the head and shoulders?

Everyone who has thought about it knows that Bush is soft on immigration. That's his genuine position. People were enraged that the language he used insulted the base.

But not pardoning Scooter would show something altogether different. A lack of regard for the people who work for him. And
also that he believes justice was done in this case.

The lack of regard ties into the reason that the base is already mad at him - because it shows a disrespect for the people who put it on the line for him, and have done so, time and again.

And, publicly, being in accord with the justice of the verdict and sentence lines him up squarely with the left.

[Jeff Dobbs]

Will Bush read the over 160 letters written on Libby's behalf? I would like him to -- and would like to be assured that he has.

[clarice]

I do not think that failing to grant a pardon before appeal represents a judgment on his part respecting the justice of the verdict, Alcibiades. If Libby wins on appeal it is as if he were never convicted. Bush may prefer to wait for that. But before the sentencing, Libby's legal fees were $5 million and the damage that will be done to him and his family will be done if he does not remain free pending a disposition of the appeal.

I'm with Fred on this one, however. The case stunk from beginning to end and to let it continue lets the Wilsonista lies and the media perfidy continue. Bush could do this in a way that didn't hurt him much but only if Mary Matalin wrote the speech.

[Jeff Dobbs]

I put the link to NRO's editorial calling for Bush to pardon Libby in the last thread.

I only mention it hear to note the intersection of Libby and the immigration bill -- that NR is on the opposite side of the immigration issue from the president.

And then note also that Fred has come out against the immigration bill.

Hmmm, any prominent pro immigration bill voices prominently calling for a Libby pardon?

I haven't looked, so I am NOT insinuating anything.

[Jeff Dobbs]

Ahhhh, Fred Barnes? (I haven't kept up with tv folks, so that is a guess)

[Lesley]

H&R: IIRC, not all of those 150 letters were pro-Libby (Byron York update?). Ofcourse, that doesn't change your point, per se, but do they include both throw-the-book-at-the-SOB and spare him views.

[seamus]

Didn't Libby lie to the FBI and the Grand Jury to obstruct justice and cover for Cheney? What kind of cretin is Cheney to let his faithful servant take the fall all alone?

[Jeff Dobbs]

Good point Lesley. I was going off of the FDL not-a-transcript from Wells...

Wells; it is our position as expressed in sentencing memo, whether you approach Libby's sentencing, that on the record before your honor, expressed in over 160 letters submitted, it will be within your honor's discretion to give significant credit to Mr Libby for his exceptional public service to our nation.

[Rick Ballard]

"A lack of regard for the people who work for him."

Technically it's the same lack of regard for Cheney that allowed the incompetent Bartlett (currently riding on AF-1, although soon to be gone) to foist the even more incompetent Martin (still Bartlett's sidekick) upon Cheney, which in turn generated an ill considered response that was the genesis of Libby's problem.

I have always understood the true depth of the President's "compassion" and his lack of response on this matter will be entirely consonant with its shallowness. It's the Bush equivalent of "I feel your pain". He's as compassionate as he is conservative and he's never hidden it.

That he's still taking Bartlett's bad advice explains a great deal concerning his standing in opinion polls.

I doubt that the other contenders for the nomination will do much more than stutter and fumble. Except for Rudy, perhaps. As a SDNY prosecutor he was in the forefront over twenty years ago in developing the tactics employed by Fitz. His stutter and fumble will reflect the fact that he would prefer that particular to go unnoticed.

[clarice]

From the editor of AT:
"Thomas Lifson
Following the outrageous sentence of 30 months dealt to Scooter Libby, Judge Walton is allowing him to remain free - for a short while. AP reports:

Walton did not set a date for Libby to report to prison. Though he saw no reason to let Libby remain free pending appeal, Walton said he would accept written arguments on the issue and rule later
Had he ruled that Libby be immediately jailed, President Bush would have faced immediate pressure to issue a pardon, something he is obviously not anxious to do, and for which he would no doubt receive a lot of flak.

It is obviously preferable that Libby's conviction be overturned during the appeals process. But subjecting him to imprisonment while the appeal is being heard would be unacceptable. A pardon, necessary to free him, would prevent the appeal from ever being heard.

I deeply fear that Judge Walton will accordingly send Libby to jail during the appeals process, thereby completing the chain of injustices surrounding this travesty of a legal proceeding, and forcing the President into an unpopular but necessary pardon."

[boris]

It appears that Bush suffers from BPS.

Battered President Syndrome.

[Jeff Dobbs]

If you haven't gotten there yet, Scooter Libby Love Letters on the Smoking Gun

[boris]

If he doesn't come to his senses he will be suffering from BFS ...

Battered % Fried Syndrome.

[Jeff Dobbs]

Interesting, the letter written by Mary Matalin, written in the first person representing herself nevertheless was also signed by her husband James Carville.....

[alcibiades]

I do not think that failing to grant a pardon before appeal represents a judgment on his part respecting the justice of the verdict, Alcibiades. If Libby wins on appeal it is as if he were never convicted. Bush may prefer to wait for that. But before the sentencing, Libby's legal fees were $5 million and the damage that will be done to him and his family will be done if he does not remain free pending a disposition of the appeal.

I would agree with you, Clarice, if I thought that Walton was going to leave Libby free. But he's already told us what he is going to do.

So he'll read arguments and decide with Fitzgerald, the way he has, for the most part, which he has already told us he will do.

I think Waxman's show trial and his promotion to FISA court judge have been made him feel secure about the blinders he has worn in this case.

And why the heck has Alberto Gonzales' DoJ rewarded him for this.

Bush's hand has been forced. I'd much rather Scooter go to appeal as well and hopefully got the sentence repealed, but not with him in jail.

[Rick Ballard]

Boris,

If he doesn't wake up it's going to be BF&ES - Battered, Fried & Et Syndrome.

[Jeff Dobbs]

Lesley, that smoking gun link says:

Of the 198 letters sent to Judge Reggie Walton, 174 referred positively to Libby, while the balance urged Walton to throw the book at the convicted felon.

[PatrickR]

'...what does Bush do next?'

If Walton rules Libby goes to prison now, and Bush doesn't step up and pardon him, then I'll change my mind about what Ace of Spades said about him.

[clarice]

Thursday, May 03, 2007
Pardon Scooter Libby?
WASHINGTON (CNN) -- Of the GOP presidential field, only Reps. Duncan Hunter of California and Tom Tancredo of Colorado raised their hands to indicate they would pardon Lewis "Scooter" Libby, Vice President Cheney's former chief of staff.

Libby was convicted in March of lying and obstructing an investigation in the Valerie Plame leak case.

-- CNN Political Researcher Xuan Thai

Posted 5/03/2007 10:25:00 PM | Permalink

[Lesley]

H&R, muchas gracias for the link.

I did a quick scroll and it seemed to me that the letters on Smoking Gun were the "positives." Would be interesting to read the "negatives" - both the arguments contained therein AND the signatories, eh?

[clarice]

I consider those positive letters a roll of honor.

[alcibiades]

I just heard Fox announce that a Bush spokesman said that Bush has not ruled out a pardon for Libby.

[DEMO]

From Joe Wilson

Thank you Jane, Marcy, Christy, and all the Firedoglake stars and firedogpups for your tenacity and support through all this.

Below is our statement on the sentencing.

As Americans, both Valerie and I are grateful that justice has been served, reconfirming that our country remains a nation of laws.

We are also saddened for the pain that Mr. Libby has inflicted on his family, friends, and the nation. Mr. Libby benefited from the best this country had to offer: the finest schools, a lucrative career as a lawyer and many years of service in Republican administrations. That he would knowingly lie, perjure himself and obstruct a legitimate criminal invetigation is incomprehensible.

It is our hope that he will now cooperate with Special Counsel Fitzgerald in his efforts to get to the truth. As Mr. Fitzgerald has said, a cloud remains over the Vice President.

Every official in this administration must be held accountable for their actions

[clarice]

Speaking of immigration--Here's today's numbers from Mickey Kaus:

Endangered Pander? McCain supports legalization of illegal immigrants, loses 5 points over the month among Hispanic Republicans in California, according to SurveyUSA. Fred Thompson blasts the legalization bill from the right and his support among Hispanics quintuples, putting him ahead of McCain (and Giuliani) among Hispanics. ... P.S.: These are Hispanic Republicans, of course. But they are not insignificant, making up 17% of "likely Republican Primary voters" in Survey USA's model. ... P.P.S.: McCain's loss (and Thompson's gain) was actually greater among Hispanics than among GOP voters generally. ... P.P.P.S.: You don't even want to see what happened among black Republicans. ... 8:52 P.M.

A Poll Number WaPo Omitted: In that recent ABC-Wash Post poll, mentioned by Jonathan Weisman in this morning's Kyl-side--spinner, only 29 percent approved President Bush's handling of the immigration issue, a "career low." ... 64% disapproved. Many of those disapproving are obviously people who believe Bush's approach isn't permissive enough. Still, the fall seems significant, coming in the middle of a week of righteous Bush moralizing in defense of his position. When people pay attention, he seems to lose ground. ... Bush's support on the issue among Republicans plunged from 61% to 45% in a month. ... See Gary Langer's write-up. ...

[Jeff Dobbs]

Clarice, here was my take on the pardon Libby question in the first debate....but, it was on in the background and I was 2-3 bourbons in...so...I easily could have missed Hunter raising his hand...

heh, didn't change channels, it's in the background...."should libby be pardoned"

everyone says,,,,,,,,not yet, let case/appeals play out. No one says yes.

Oh, wait, Tancredo say yes.....

What would Fred say?

Posted by: hit and run | May 03, 2007 at 09:23 PM

[Jane]

Fred has said "yes" many times before. He's in. It's time to arrest Joe and Val.

[Jeff Dobbs]

Sorry, you're right Jane...I shoulda said that. In fact, that night you said the same thing - and I agreed. It was rhetorical then and now.

[clarice]

I'm in Jane--Got my cowgirl outfit and deputy's badge. I'll fly to Santa Fe, pick up my horse at the airport and ride out to their hacienda and cuff those two lying scum.

[Rick Ballard]

"It's time to arrest Joe and Val."

No, no, no - Fitz first (perjury and filing a false affidavit) then Joe and Val. Hopefully while they're trying to flee the country.

[Jane]

Boy those are some pretty amazing letters. SOme brought tears to my eyes. What on earth could Walton be thinking? Oh that's right, he's a liberal and Fitz is a saint.

You go Clarice, and then you and Other Tom and I can take turns being prosecutor, defense attorney and Judge. We can replicate justice as well as anyone.

[Other Tom]

Seamus says, "Didn't Libby lie to the FBI and the Grand Jury to obstruct justice and cover for Cheney?"

We know (or at least I accept) that he lied to the FBI and the grand jury, and that those lies legally supported a finding of obstruction of justice (although as far as I know there was no finding of an intention to do so.)

But "cover for Cheney?" We deal pretty much in evidence here, Seamus. So did Fitz, and he adduced none. Maybe you have some?

[Jeff Dobbs]

I'm on the jury! I'm on the jury!

[clarice]

The next time I'm called for jury duty, I will say that I have nothing but contempt for LE, prosecutors and the D.C. judges as a result of this case and that there is grave doubt on my part that I can fairly sit in judgement on any case brought here .

[Jane]

You can be the entire jury if you like H&R or pick your fellow jurors. WE will make it like American Idol.

[Other Tom]

Jane, do prosecutors, judges and juries have to swear off the Martinis? If so, I'm prepared to issue a statement that would make Sherman look like Hamlet.

[Rick Ballard]

"We can replicate justice as well as anyone."

Don't worry about that. Just follow the form of the process.

Roughly, you understand? Don't be too damned picky about it. After all, the verdict's the thing.

[Jeff Dobbs]

I've said it before regarding Santa Fe.

One of us here, is already there.

[Jane]

In the new Courts Other Tom martini's are de riguer, starting at breakfast - if you can manage it.

I've always thought Sherman should look like Hamlet, so this should be fun.

And Rick you are right - the verdict is the thing - along with the sentence which I believe will be waterboarding followed by a year at Gitmo.

[Jane]

BTW does anyone else find the poll that asks you to pick a president by his last name, offensive? Or is that just a Jane thing?

[PeterUK.]

"As Americans, both Valerie and I are grateful that justice has been served, reconfirming that our country remains a nation of laws.

We are also saddened for the pain that Mr. Libby has inflicted on his family, friends, and the nation. Mr. Libby benefited from the best this country had to offer: the finest schools, a lucrative career as a lawyer and many years of service in Republican administrations. That he would knowingly lie, perjure himself and obstruct a legitimate criminal invetigation is incomprehensible.

It is our hope that he will now cooperate with Special Counsel Fitzgerald in his efforts to get to the truth. As Mr. Fitzgerald has said, a cloud remains over the Vice President."

To quote
Mandy Rice-Davis,"He would,(say that) wouldn't he?

[topsecretk9]

Polly

Why did you highlight that Wolfowitz noted Libby's wife is a Democrat?

[manys]

I didn't get very far into the letters, but I thought it illuminating that John Bolton would assert that Libby only ever dealt with the substance of what he had to do, never personalities and politics. Yet this is exactly what Libby himself asked the court to take into consideration for his sentence. It would seem that Bolton - and most of those supporting him in the batch of letters I read - would prefer Walton to use information other than the substance of the case when deciding on sentencing.

[Enlightened]

"It would seem that Bolton - and most of those supporting him in the batch of letters I read - would prefer Walton to use information other than the substance of the case when deciding on sentencing."

Only an idiot could post this drivel.

[Enlightened]

"It is our hope that he will now cooperate with Special Counsel Fitzgerald in his efforts to get to the truth. As Mr. Fitzgerald has said, a cloud remains over the Vice President."

And I thought you couldn't make this shit up. This idiot did - my bad.

[anduril]

Isn't it obvious to everyone that Tom is right on this one:

My guess - next week Judge Walton will send Libby to the slammer, which seems to mean he would report in 45-60 days.

This has been a political case from beginning up to this point. Why in the world would Walton do anything to make life easy for Bush? If the Dems get into the WH, he stands to benefit because he's shown he puts service to his liberal masters before everything: conscience, ethics, decency, law--choose your own order. If the GOP keeps the WH, they're too feckless to seek revenge, even where vengeance is justified. So Walton will do the obvious political thing and send Libby to the slammer, thereby putting the ball in Bush's lap, rather than potentially letting him wait till the end of his term while the appeal goes on.

I will say that I admire Libby for not seeking mercy but only decency.

[sammy small]

My bet is that GWB won't pardon Libby until the end of his term. After all, didn't he instruct all of his administration people to cooperate. Libby didn't, he lied. It is the only thing that came of the entire charade and it would have pissed me off if I were Bush.

It also pisses me off that the Plames have skated and that Berger got a slap for what is so obvious it hurts.

As for Fitz, well, he is just part of the thousands of government workers who did his job and used his position against the administration's interests over the years. Same old same old. Once January 2008 rolls around, this will all stop for at least four years.

[topsecretk9]

--Posted by: Enlightened | June 05, 2007 at 04:09 PM--

Well Enlight, OtherTom called it...they are trashy people, and do trashy thing.

[clarice]

I'm going swimming..

[Enlightened]

This is going to be a very telling episode in our Judicial history folks.

Just wait until the Jefferson case - we will all be witness to the absolute certainty that there are no Rules of Law.

If Scooter Libby had any balls, he should tell the world that George Bush was the original leaker. No matter if true or not.

In less than 10 seconds Scooter Libby would go from convicted felon to deified whistleblower with book and movie offers.

[anduril]

We know (or at least I accept) that he lied to the FBI and the grand jury, and that those lies legally supported a finding of obstruction of justice (although as far as I know there was no finding of an intention to do so.)

Which is what is so mindblowing--given that these crimes call for a specific intent. I can't imagine, I'm almost afraid to imagine, what went on in the jury room. Those people who openly hoped for leniency while voting guilty--what persuaded them? If they thought he had intended to deceive and obstruct, to thwart the very justice system of this country, they should have had no such feelings.

[Sara]

I have absolutely nothing to say since I'm so disgusted. I'll just ask a question:

Should we be inundating the White House with demands for a pardon?

Oh, and regarding Cheney, anyone notice that yesterday, just hours after the Senator from Wyoming died, that Lynn Cheney was being named as the person who should replace him?

[kim]

My understanding is that Berger was caught with copies of documents, so the originals weren't destroyed there... though the behavior is about as ridiculously stupid as Jefferson's money in the freezer.

John Dean had a good article up at FindLaw last week about the pardon process.

Interesting that Libby admitted no guilt and showed no remorse in his short statement, would 'contempt' be a more accurate descriptor?

[Enlightened]

I can't even pretend I'm disgusted. I'm frightened. We have witnessed a political witch hunt come to fruition. Allegedly using the Rules of Law. The so-called Laws of the Land.

All it took was a lunatic loudmouth, his trophy wife, a malignant media, complicit law enforcement, and money to achieve their goal, and we are supposed to think this cancerous cabal was part and parcel of our National Security.

What a stench. I can't wait for the Jefferson diarrhea pile. The amount of turds falling onto that morass will be above and beyond any corruption witnessed for many years. The man will probably get less than 30 months because of his public service record and what a good guy he is and the Katrina losers need him - blah blah blah

[PatrickR]

When even Time is on to your tricks, you aren't fooling many people:

But while outing a CIA agent can be illegal, neither Libby nor anyone else was actually charged with doing that to Plame. In fact, pre-trial maneuvering found the prosecutor, Patrick Fitzgerald, insisting that this was not a case about a leak and fighting defense requests for documents about whether Plame was ever a covert agent, a status that could have made intentionally leaking her identity a crime.

But when the issue of sentencing came around, Fitzgerald changed his tune, arguing that the underlying (and uncharged) crime was so serious as to warrant a sentence twice as long as what the federal probation office recommended; notably, his brief included the revelation that the CIA did consider Plame's identity classified, at least for 18 months. And Tuesday, Walton apparently bought it, declaring before he announced the sentence that Libby could be considered an accessory to the underlying crime because, at least in part, his obstruction of justice made it all but impossible for the government to make the case for that crime.

So how is it that an offense that may never have happened — and that at one point the prosecutor argued was largely irrelevant to the case — has now increased Libby's criminal sentence?

It's part of the magic of the federal sentencing guidelines, which were mandatory until two years ago.

[topsecretk9]

My understanding is that Berger was caught with copies of documents, so the originals weren't destroyed there... though the behavior is about as ridiculously stupid as Jefferson's money in the freezer.

Nope - you can access the IG report and see how Berger lied about this in order to get a light sentence.

[Enlightened]

"Interesting that Libby admitted no guilt and showed no remorse in his short statement, would 'contempt' be a more accurate descriptor?"

Only contemptuous mental midgets continue to obfuscate "I didn't do it" and "I'm remorseful that I didn't do it".

[Jeff Dobbs]

Rich Lowry, quoting Bill Kristol:

"Bush Evades His Responsibility With Respect to Libby" [Rich Lowry]

Bill Kristol here, with this kicker: "Many of us used to respect President Bush. Can one respect him still?"

[Looking_For_a_Way_out]

Hi Guys!

It is amazing the way the sky changes color when I flip between sites on the intertubes. I've read a lot of stuff from a lot of sources about the Libby trial, but it seems like those with prosecutorial experience have been the most accurate predictors so far. Now with the pardon argument the political calculations become more important. Though I have seen at least one say that pardoning Libby could open the President up to conspiracy charges, which if true, would make the political calculations moot. (Is this why he was so quick to rule out a pardon?) What does the President stand to gain if he pardons Libby? The loyalty of the Libby supporter subsegment of the 28% that already think he's doing a good job?? What does the President stand to lose if he pardons Libby? The ability to maintain that his administration was above reproach from an ethical standpoint?? Bush would need a drastic personality change to sacrifice his personal ambition for Cheney's Chief of Staff. Just my reasoning.

If Libby wants to avoid prison he should offer anything he can to Fitzgerald. However, I suspect Libby either can't or won't provide useful information to Fitzgerald, which means next stop is the Federal Pen. Two years from now, he'll be getting out for two years of supervised parole and trying to re-start his career. If he doesn't roll, his prospects with some neo-con think tank are probably pretty good. Republicans lionize people that went to jail to protect the party. Just like the mob.

[Dan S]

Grrr!

And I'm moving back to DC in two weeks too.

Grrr!

[PeterUK.]

"Interesting that Libby admitted no guilt and showed no remorse in his short statement, would 'contempt' be a more accurate descriptor?"

Amazing how the left, and indeed totalitarians in general,demand their victims recant,a popular sport for both the Inquisition and the KGB.

[Enlightened]

Still haven't found that brain you were looking for?

Try the yellow brick road, somewhere left of the fever swamps.

[PeterUK.]

Last Exit,
Nancy Pelosi's son on Info-USA payroll.

Of course if Libby goes inside,he'll meet a lot of Fitz's old clients,he could offer pro bono work.

[Jane]

I can't even pretend I'm disgusted. I'm frightened. We have witnessed a political witch hunt come to fruition. Allegedly using the Rules of Law. The so-called Laws of the Land.

I'm right there with you. This country has become a joke thanks to the left. And you know what, I bet it's still not quite enough for them.

I also bet that Jefferson will get less jail time than Libby - the only thing that might change that is the fact that he is black and therefore expendable to the left.

[glasater]

The hand written comments on the documents that Berger stole are what are relevant and what he was trying to destroy.

[JM Hanes]

Bush won't pardon Libby. He will, however, award Libby the Presidential Medal of Freedom in a ceremony at the White House the day before he reports to prison.

[Sara]

It isn't that Berger just stole and destroyed documents, but for me it is that he left classified documents under a construction trailer, which almost seems like the old Soviet spy drops. Who was supposed to pick up those docs? Who might have picked them up?

[Sara]

LGF poll on whether Libby should be pardoned.

[clarice]

From secrecy news:
"LETTERS ON SCOOTER LIBBY RELEASED BY COURT

Letters sent to Judge Reggie B. Walton regarding the sentencing of vice
presidential aide Lewis I. "Scooter" Libby, who was convicted of
obstruction of justice, were released by the court today. Several of
them touched on matters of secrecy and national security policy.

"If there is anyone who fully understands our 'system' for protecting
classified information, I have yet to meet him," wrote John R. Bolton,
former ambassador to the United Nations, implying that infractions of
classification rules are to be expected.

Former CIA officer Fritz Ermarth recalled that Mr. Libby had assisted
him "in a matter, although less grave, somewhat similar to that which
put him on trial. It concerned official secrecy and classification,
its definition and interpretation, varying recollections of who behaved
how with respect to it, and aspects of abuse by authorities."

"Mr. Libby has done more to enable the United States to address the
challenges of bioterrorism than any other single person," ventured Seth
Carus of National Defense University.

"Scooter worried that liberties restricted during times of danger do
not always get restored when the danger passes," wrote Doug Feith, the
controversial former Pentagon official. "A major part of the terrorist
threat, he and I agreed, was the danger that a series of 9/11-type
attacks could fundamentally alter -- perhaps permanently -- the state
of civil liberties in America."

Somewhat ironically, Mr. Libby once undertook "to persuade a newspaper
not to publish information that would have endangered the life of a
covert CIA agent working overseas," wrote former deputy defense
secretary Paul Wolfowitz. "Late into the evening, long after most
others had left the matter to be dealt with the next day, Mr. Libby
worked to collect the information that was needed to persuade the
editor not to run the story."

Most of the letters favor clemency for Mr. Libby. Many of them are
poignant and heartfelt. Quite a few others are pompous and
self-aggrandizing. An angry minority demand the maximum possible
sentence.

The full set of letters in alphabetical order by author may be found
here (373 pages in an 18 MB PDF file):"

http://www.fas.org/sgp/jud/libby/letters.pdf

[Enlightened]

"Late into the evening, long after most
others had left the matter to be dealt with the next day, Mr. Libby
worked to collect the information that was needed to persuade the
editor not to run the story."

Gee - imagine what the outcome had been had the CIA worked this hard to keep Plame's name classified.

[PeterUK.]

"The hand written comments on the documents that Berger stole are what are relevant and what he was trying to destroy."

You mean like the handwritten notes by Cheney,the ones which were so important to the seething left?

[Rocco]

We will fight on the beaches; we will fight on the hills, and in the pubs, and anywhere brave men and true draw breath and beer (women, too!)... we will never surrender.

Come On...Let's Go, Let's Go!

[Jane]

H&R,

Are we on for the debate? I'm chilling the wine just in case.

[Sara]

Here is a little story that, at least in my mind, is a total picture of our government's incompetence. When we ask why wasn't it a simple matter to determine Plame's overseas posting and travel for purposes of covertness, keep this little story in mind.

Here goes:

I get a monthly Navy retirement check. In May, my check did not arrive in the mail, nor did it go, as requested, by Direct Deposit to my bank. I called the proper office and a trace was started. I was instructed to send a fax with all pertinent info to the DOD Military Retirement Pay Legal Office, which I did immediately in early May. I followed up with two additional phone calls. I was told that the check had been returned and reissued on May 29th. So, yesterday, when I had not yet received the reissued May check nor the June check which was due on the 1st, I called again and I was told that both checks had been mailed on May 29th. Again, they were to go Direct Deposit but no one could explain why that did not happen nor why they were mailed and not received.

So, I was instructed to call the Legal Dept. again today, which I did this morning. I was told that "no" only the May check was remailed and "no" they did not know the status of the June check. Then I was put on hold for nearly a half hour. When the man came back on the line, I was informed that neither check had been reissued because I am dead. Yes, I died in April. Now, I am required to prove that I'm not dead and they will call me back in the morning and tell me how I'm supposed to do this.

[Enlightened]

"we will never surrender."

This woman will never surrender.

I can fight these mindless morons with my pinky fingernail.

:-}

So it looks like it's time for the bar to open?

Vodka Martini please, shaken, straight up, two olives please. And keep 'em coming.

Thank.You.

[lurker9876]

Hi, Just caught a blurb on Brit Hume where Victoria Toensing was being interviewed (looks like a replay). She said that if Walton does not allow Libby to be free pending appeal, they will go immediately to the appellate court and move to reverse Walton's decision.

Herad anthing about it?

[michael]

Mr. Libby is living a nightmare. I suppose an English Ph.D. thesis could be written, but what do I know, addressing if it is more like one written by Nabokov or Kafka. If Libby does give pen to it, can he keep any proceeds from the manuscript?

[boris]

Heard anthing about it?

No, but if people with real influence are as outraged as I am, expect some action will be taken. Immediate appelate court intervention would be better than a pardon. More fight please.

[Maybeex]

covert CIA agent working overseas," wrote former deputy defense
secretary Paul Wolfowitz. "Late into the evening, long after most
others had left the matter to be dealt with the next day, Mr. Libby
worked to collect the information that was needed to persuade the
editor not to run the story."

Well, come on guys. When Harlow heard from Valerie that she was about to be outed, he did almost the same thing. He confirmed to Novak! Then....thought maybe he'd look it up.
And when the Wilsons thought Valerie was about to be outed they......made one phone call, to the press guy.
This was very serious stuff.

[Enlightened]

"More fight please."

Another Martini as well. I can fight them with one pinky fingernail clipping tied behind my back.

No Rules of Law to contend with so I'm good to go.

[Jane]

Heard anthing about it?

It's fairly SOP. And it all depends on who is sitting on the Appeals Court that day. The lawyers will argue that the errors were overwhelming and there is a huge chance the case will be overturned on appeal, and if the Judge buys it, he will let him stay out.

I don't have any idea if other criteria also apply. Clarice probably knows who sits on the Appeals bench.

[Jeff Dobbs]

Jane:
Are we on for the debate? I'm chilling the wine just in case.

Oh, I'm soooo in! mrs hit and run decided to stay (away) for another day with the kids so, I've nothing better to do.

OK, going to get a glass of bourbon. Just one glass tonight though.

A 14 oz glass that is!

[JM Hanes]

Ignoring, for the moment, the remarkable revelations about how Walton saw this trial as a whole and the stunning implications of the arguments advanced in Fitzgerald's memoranda, the logic behind the sentence Walton imposed strikes me as relatively straightforward.

I suspect Walton was simply not prepared to get tarred, whether publicly, politically or judicially, for using his own discretion, pro or con, in imposing Libby's sentence. Since that's precisely what TeamLibby was asking him to do, there's no way he could accept or rely on the argument they were making.

Unfortunately, accepting the mandatory premise of Fitzgerald's argument necessarily meant accepting the resulting conclusion on cross-referencing and enhancements as well. Having done so, the available range for sentencing on the obstruction verdict became 30-37 months. In Walton World, the Judge actually gave Libby the minimum allowable sentence, with time for the lesser crimes to be served concurrently.

When it comes to bail pending appeal, I suspect Walton simply regards frog marching as sound "social policy." Of course, there's also the fact that the very mention of appeal has irritated the hell out of this judge from Day #1.

In hindsight, I think TeamLibby badly misread this Judge at any number of key points in time along the way. Fitzgerald, alas, did not -- and that, I suspect, is where his real skill lies.

[Maybeex]

You know I think this trial was completely unfair. The sentence is ridiculous. I hate to say it, though, but I think Bush has reason to be a bit irked at Libby.
He's a good guy (Libby) and he didn't deserve this, but I also don't know if he ever told Bush he had spoken to some reporters about Plame.

[lurker9876]

Nina on Brit Hume said that if Bush is to pardon Libby, the time is now rather than post appeal. According to her contacts with the legal experts, Libby's odds of winning the appeal is not that good.

[JM Hanes]

Oh, and:

Fitz: If we could have 10 days.

Wells: that’s too long, we have to get to Court of Appeal. I would ask govt to file brief by Monday, we’ll reply by Tuesday, so if your honor does not change, we can get right to Court of Appeals.[per FDL]

File Fitzgerald's Sentencing Calculations under: APPEAL, No Brainers

[lurker9876]

Walton used these terms: social policy and social offense???

These are process crimes?

Fred Barnes, Nina, and Kondrake all thought that Walton over-sentenced him.

P.S. I didn't realize that Walton is black.

[Sara]

The time is now: send your demand for a pardon today. comments@whitehouse.gov

[Maybeex]

Jeralyn has linked to Joe Wilson doing an on-camera interview with.....Jason Leopold.
What a screwy bunch.

[Jeff Dobbs]

JMH:
Having done so, the available range for sentencing on the obstruction verdict became 30-37 months. In Walton World, the Judge actually gave Libby the minimum allowable sentence, with time for the lesser crimes to be served concurrently.

My take when Fitz first brought up the IIPA in the sentencing filings...

Almost as if Fitz figured he could get away with antics...and give Walton some room to say, rhetorically, "hey, look, I didn't give Fitz as much as he wanted, so, back off, I went easy on Libby" while he sentences him to a couple of years.

Posted by: hit and run | May 31, 2007 at 08:49 PM

[Jeff Dobbs]

Maybee:
Jeralyn has linked to Joe Wilson doing an on-camera interview with.....Jason Leopold.
What a screwy bunch.

SANS JERALYN!!!!!

[Jeff Dobbs]

Whoa!!!! On an earlier thread today, I said that I beleived in the captcha check...they send messages......the last one on that last comment?????

u88tdy

I haven't figured it out yet, but TDY really intrigues me.

[Enlightened]

I don't think Bush will pardon Libby.

I think Libby was thrown under the bus for a reason - maybe he misremembered the Russert conversation just like he says. Had he not "misremembered" - he would not be a convicted felon. No IIPA convictions, no Process Crimes convictions, Plame snuffed in 2003.

Maybe GWB or Cheney are pissed this has "legs" and want someone to pay.

Funny - Joe Wilson said in 2003 if they (leftards) keep up the talking point drumbeat this case would have legs - and it did. Someone's pulling those strings. Shall we guess? Before I head off to Martini number two? Or was it threee? Whatever. Damn Martini Laws.

[Jane]

Oh, I'm soooo in! mrs hit and run decided to stay (away) for another day with the kids so, I've nothing better to do.

Oh good! Should we back it up to a different thread so this one doesn't get all mucked up wiht our imbibing?

[Enlightened]

The above with the caveat that I HOPE Bush does pardon Libby. That would rock.

[Jane]

Wolf is wearing a blue tie - is that a message that he is aligning himself with Walton, or Hillary, or bill Jefferson? I think so.

[Other Tom]

There are still eight hours (Pacific Time) remaining, but the suggestion that a pardon could subject Bush to conspiracy charges is an overwhelming favorite to win the trophy for the dumbest of the day.

In fact, although we're not quite halfway through, I'd say it's likely to win the award for this calendar year.

[Jeff Dobbs]

Oh crap, it already started!!!!!

[Jane]

H&R - I'm back one thread

[Maybeex]

I'm not drinking yet- it's only 8 am. I don't think even OT starts this early.
But I'm here to interrupt the flow of the live blogging, and to make people more appreciate, by contrast, Jane and H&R. We all have our jobs.