Sentencing Libby
There seems to be a serious roil in the water in anticipation of Judge Reggie Walton's sentencing of "Scooter" Libby, scheduled for next Tuesday. Of course this may be at least partly attributable to the chum offered up in the way of a multitude of letters by Libby sycophants or potential miscreants and similarly misguided tripe served up by Libby's defense team.
The defense's sentencing memorandum, released this week, was enough to, in the vernacular, gag a maggot (this via Marcy Wheeler at NextHurrah):
I Present to You: Saint LibbyWarning
Do not read this on a queasy or otherwise weak stomach.
Did I say we had reached the PR phase of this defense? Sure looks like it, from the job Comstock Team Libby did on the sentencing memorandum. Here's how it starts.
Distinguished public servant. Generous mentor. Selfless friend. Devoted father. This is the rich portrait of Mr. Libby that emerges from the descriptions of him in the more than 160 heartfelt letters submitted to the Court on his behalf. The letter writers, who range from administrative assistants to admirals, neighborhood friends to former colleagues, Democrats to Republicans, bear witness to Mr. Libby’s character and patriotism. As detailed below, Mr. Libby’s accomplishments in the State Department, the Defense Department, and the Office of the Vice President demonstrate his extraordinary commitment to public service. His dedication to promoting freedom abroad and keeping American citizens safe at home is beyond question. Mr. Libby has also earned a reputation for treating people fairly and kindly and comforting those who are distressed. He has avoided the Washington limelight to focus on nurturing his young children. Even those who disagree vociferously with policies he supported while serving in the government believe his conviction is not characteristic of the life he has led.[my emphasis]
"Beyond question"? Team Libby has taken that little universe of 160 letter-writers (fewer, I might repeat, than supported Abramoff) and used the to claim the man who helped Cheney dismantle our Constitution is a saint.
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The news that the good judge will be releasing those 160 letters is enough to kick up the pulse a little too.
And Wheeler starts off a subsequent post like this:
"Judge Walton is tough as they come, and he has the cojones to send Scooter to get his orange jumpsuit sooner rather than later."
That's far and away the most satisfying line from John Dean's review of the tensions behind Libby defenders' calls for his pardon. But the rest of the column is equally worth reading, because Dean--who knows a lot more about these issues than I--lays out some of the tensions I described in my letter to Reggie. Dean predicts that Judge Walton will send Libby directly to jail, which will in turn intensify the discussions about a pardon. But, Dean reminds us, discussing the pardon of someone who served as your firewall can in turn get you indicted.
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And here's some serendipity from Jane Hamsher at Firedoglake:
Having watched Judge Walton get seriously angry during sentencing at young African American men he accused of living in self-imposed chains, I have to say I'd be really surprised if he let rich, privileged Scooter Libby completely escape a future in an orange jumpsuit. John Dean sounds about right:
Dean goes on to point out that if Libby were acting simply on his own behalf, a pardon wouldn't be a problem. But since Fitzgerald has already said that a "cloud" still hovers over Shooter, and should he be lobbying for a pardon, it would potentially further a conspiracy to obstruct justice. Not that I imagine anyone involved cares much at this moment in time, but it could have implications on down the line.
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These are both excellent reads, but both ultimately point to the Mother Lode, namely the article by John Dean that is absolutely required reading.
The defense's sentencing memorandum, released this week, was enough to, in the vernacular, gag a maggot (this via Marcy Wheeler at NextHurrah):
I Present to You: Saint LibbyWarning
Do not read this on a queasy or otherwise weak stomach.
Did I say we had reached the PR phase of this defense? Sure looks like it, from the job Comstock Team Libby did on the sentencing memorandum. Here's how it starts.
Distinguished public servant. Generous mentor. Selfless friend. Devoted father. This is the rich portrait of Mr. Libby that emerges from the descriptions of him in the more than 160 heartfelt letters submitted to the Court on his behalf. The letter writers, who range from administrative assistants to admirals, neighborhood friends to former colleagues, Democrats to Republicans, bear witness to Mr. Libby’s character and patriotism. As detailed below, Mr. Libby’s accomplishments in the State Department, the Defense Department, and the Office of the Vice President demonstrate his extraordinary commitment to public service. His dedication to promoting freedom abroad and keeping American citizens safe at home is beyond question. Mr. Libby has also earned a reputation for treating people fairly and kindly and comforting those who are distressed. He has avoided the Washington limelight to focus on nurturing his young children. Even those who disagree vociferously with policies he supported while serving in the government believe his conviction is not characteristic of the life he has led.[my emphasis]
"Beyond question"? Team Libby has taken that little universe of 160 letter-writers (fewer, I might repeat, than supported Abramoff) and used the to claim the man who helped Cheney dismantle our Constitution is a saint.
-clip-
The news that the good judge will be releasing those 160 letters is enough to kick up the pulse a little too.
And Wheeler starts off a subsequent post like this:
"Judge Walton is tough as they come, and he has the cojones to send Scooter to get his orange jumpsuit sooner rather than later."
That's far and away the most satisfying line from John Dean's review of the tensions behind Libby defenders' calls for his pardon. But the rest of the column is equally worth reading, because Dean--who knows a lot more about these issues than I--lays out some of the tensions I described in my letter to Reggie. Dean predicts that Judge Walton will send Libby directly to jail, which will in turn intensify the discussions about a pardon. But, Dean reminds us, discussing the pardon of someone who served as your firewall can in turn get you indicted.
After all, the March 1, 1974 indictment of Mitchell, Haldeman, Ehrlichman and Chuck Colson (who pled guilty, rather than risk a trial) charged each of them with a conspiracy to obstruct justice by offering to provide clemency to those involved in the Watergate break-in. In addition, as Nixon's tapes showed, the president discussed pardons on several occasions, and this abuse of power was included in the bill of impeachment against him that was pending when he resigned.
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And here's some serendipity from Jane Hamsher at Firedoglake:
Having watched Judge Walton get seriously angry during sentencing at young African American men he accused of living in self-imposed chains, I have to say I'd be really surprised if he let rich, privileged Scooter Libby completely escape a future in an orange jumpsuit. John Dean sounds about right:
How long a sentence is Judge Walton likely to impose? On May 25, Special Counsel Patrick Fitzgerald filed the Government's Sentencing Memorandum asking Judge Walton to sentence Libby in the range of "30 to 37 months." Criminal defense attorneys with whom I have spoken expect that Judge Walton will choose a sentence of roughly 30 months (two-and-a-half years), and to give Libby at most a couple of days to get his affairs in order before surrendering to the Federal Bureau of Prisons.
No doubt, the Bush White House has been making similar calculations. Thus, they are approaching a moment of truth. There are only three real insiders here: Bush, Cheney and Libby. However, it appears that the outsiders have looked at the situation, and acted to try to improve it. And as long as they are outsiders, they can do so without criminal exposure.
Dean goes on to point out that if Libby were acting simply on his own behalf, a pardon wouldn't be a problem. But since Fitzgerald has already said that a "cloud" still hovers over Shooter, and should he be lobbying for a pardon, it would potentially further a conspiracy to obstruct justice. Not that I imagine anyone involved cares much at this moment in time, but it could have implications on down the line.
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These are both excellent reads, but both ultimately point to the Mother Lode, namely the article by John Dean that is absolutely required reading.
posted by Sir Gumbo at 11:01 PM
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