Tag: Libby Trial (page 3)

A million thanks to Jason Leopold of Truthout who just sent me a copy of the 103 page Scooter Libby sentencing transcript he purchased from the court reporter.

If a major media outlet doesn't publish it, I'm not going to post the whole thing or share it because this is how court reporters make their money and as a practicing lawyer, I don't want to break any rules.

I will read it late tonight and post pertinent excepts. If there's any part you particularly would like to read, let me know in the comments.

In other Libby news, via How Appealing, Judge Walton is allowing an amicus brief to be filed regarding the appeal bond issue. His order is here (pdf) and Howard says to check out the disparaging footnote.

The amicus brief by law profs is here.

Team Libby today filed its Motion for Appeal Bond, listing the grounds upon which they believe the Court erred before and during trial. I've uploaded the motion(pdf) and attached exhibit (pdf).

I think they make some excellent arguments, particularly about the standard. It's not necessary that Judge Walton believe he was wrong, or that reversal is probable, only that the issue presents a close question or one that could have been decided the other way.

The grounds Libby raises:

More....

I have an op-ed in the Washington Examiner today on Scooter Libby's sentence and his chances for an appeal bond.

For another first-hand account of the sentencing hearing, check out Scott Shrake at Huffington Post.

I won't have the transcript of Tuesday's sentencing hearing in the Scooter Libby trial until today. But, Neil Lewis of the New York Times, reports:

The judge said there was no issue that Mr. Libby’s lawyers could appeal that seemed to present a reasonable chance of succeeding. But he relented somewhat and said they could file briefs next week detailing their arguments that there were two reasonable grounds for appeal: that Mr. Fitzgerald’s appointment as a special counsel was improper and that Judge Walton had erred in prohibiting the defense team from presenting experts on the fallibility of human memory.

I have thought all along that Judge Walton's refusal to allow a memory expert to testify at trial was a critical error. But Judge Walton ruled Libby's case is distinguishable from a case of faulty eyewitness memory, which is notoriously unreliable and therefore might require expert testimony.

More...

As a follow-up to Big Tent Democrat's earlier post on Cheney and Libby, this statement now appears on the White House website:

Scooter has dedicated much of his life to public service at the State Department, the Department of Defense and the White House. In each of these assignments he has served the nation tirelessly and with great distinction. I relied on him heavily in my capacity as Secretary of Defense and as Vice President. I have always considered him to be a man of the highest intellect, judgment and personal integrity-a man fully committed to protecting the vital security interests of the United States and its citizens.

Scooter is also a friend, and on a personal level Lynne and I remain deeply saddened by this tragedy and its effect on his wife, Harriet, and their young children. The defense has indicated it plans to appeal the conviction in the case. Speaking as friends, we hope that our system will return a final result consistent with what we know of this fine man.

A tragedy? I like the way he says "our system" rather than "the judicial system" or the "appellate courts." Can you spell p-a-r-d-o-n?

Cheney, the ultimate supporter of the unitary executive system.

Ok, we've linked to Firedoglake over and over today as they have the most thorough coverage of the Scooter Libby Sentencing (great job, Marcy, Jane and Christy.)

What are the law bloggers and commentators saying?

• Sentencing Law and Policy
• White Collar Crime Blog
• How Appealing (news coverage summary, not commentary)
• Andrew Cohen at WaPo's Bench Conference.
• Andrew Cohen again at CBS's Court Watch. Quotable:

More...

I've received this by e-mail from Joe and Valerie Wilson's representative and thought I'd share:

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 investigation 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.

Update: Jason Leopold has this new on camera interview (pre-sentencing) with Joe Wilson.

In light of the sentence imposed by Judge Reggie Walton today on the former Cheney Chief of Staff Lewis I. "Scooter" Libby, what I wonder about is what is Vice President Cheney thinking today. Despite what some of us say, clearly Scooter Libby has done some good things in his life. He was not a person naturally inclined to perjury and obstruction of justice. But, to protect Dick Cheney, that is precisely what he did.

To me at least, the genesis of the outing of Valerie Plame was Cheney's reaction to the May 6, 2003 Nicholas Kristof column, where Joe Wilson was Kristof's principal source. For reasons still not clear, Cheney went ballistic about it and ordered a full court press to discredit the report. This included finding out "who sent Wilson" and then, trying to spread the word that Wilson was not credible (the logic is not clear why this would be discrediting) because "his wife sent him." Of course, to forward the charges of nepotism and boondoggles, it was necessary to reveal that Valerie Plame worked at the CIA.

Cheney was not deterred. Libby was ordered to do what he had to do.

More...

Update: They are now arguing the issue of bond pending appeal. I didn't think they would do that before the Notice of Appeal and a formal motion for bond pending appeal was filed. Marcy is covering the arguments. I still think Libby will get a voluntary surrender, meaning he doesn't go in today, regardless of whether an appeal bond is granted.

Update: Libby stays out of jail for now. The Probation Department has to recalculate the guidelines grouping the obstruction, perjury and false statement charge. The judge has stayed imposition of the sentence. No decision on bond pending appeal today or voluntary surrender today, but Libby goes home. Briefs will be filed on the appeal bond issue, it will be heard a week from Thursday at 1:30.

******

Update: 30 months for Scooter Libby. $250,000. in fines.(CNN) Questions: Where did he ask to do his time? What's the voluntary surrender date?

Note: CNN is erroneously reporting Libby also got 2 years probation. It's supervised release, not probation. Supervised release replaced parole in the federal system in 1987. Probation and supervised release may be similar, but they are not the same.

Via Marcy at Firedoglake, Ted Wells has finished his argument for departures and a non-guideline sentence. Libby just spoke to the court:

More....

Here Here are the 373 pages of the sentencing letters submitted on behalf of Scooter Libby. I've broken them down into four parts.

• Letters, Part 1
• Letters, Part 2
• Letters, Part 3
• Letters, Part 4

Update: CNN: 30 months for Scooter Libby. Libby goes home. No ruling on appeal bond.

10:00 ET: The Judge is hearing legal arguments over the application of the federal sentencing guidelines to I. "Lewis" Scooter Libby.

Marcy is live-blogging at Firedoglake (Part 1 here, Part II here.) Judge Walton seems to agree with the Government that the cross-referencing guidelines are appropriate for at least the obstruction of justice count. All agree they don't apply to the false statement charge.

That's bad for Libby. His lawyer, Bill Jeffress, is now arguing that Valerie Plame was not covert, which is just wrong. She was covert.

10:11 am ET

....More

I. Lewis "Scooter" Libby gets sentenced today. While the Government is asking for 30 to 37 months, the U.S. Probation Department calculated his sentencing guidelines at 15 to 21 months, and advised the Judge that departures from the Guidelines, which would result in a lower sentence, should be considered.

Among the reasons Libby is arguing for a lesser sentence:

• His record of public service
• His loss of his law license
• His financial loss due to legal expenses. It appears he is also asking the court to consider the legal fees to be incurred with civil suits filed against him.
• Non-likelihood of recidivism.
• Aberrant Behavior (a single act or course of action in an otherwise unblemished life)

The 160 letters written by friends of Scooter will be released to the media after the sentencing.

Jane and Marcy will be on scene and live-blogging from the courthouse for Firedoglake. I recommend getting live coverage and updates from them, as I will be here in Denver and reacting to news as it's available, rather than reporting it firsthand.

My last prediction, which I have no reason to change, is here.

More....