Jun 05 2007

Libby’s Big Day

Published by at 7:17 am under All General Discussions,Plame Game

Today is sentencing day for Scooter Libby. Judge Walton has recently been appointed to the FISA Court, where he is getting a dose of what Libby and Cheney faced every day when dealing with terrorism against this country. I hope this puts perspective back into an investigation that is pure prosecutorial misconduct looking for a crime. But who knows.

My prediction is no jail time. If there is jail time, it will be suspended until appeals are processed. Libby is a lawyer and a selfless patriot who worked to protect this nation from harm. Those things count. And it can easily be said Joe Wilson’s lies about the Niger Forgeries (the basis of all his stories back then) and his lies about the intelligence he brought back, his exposure of people and processes (including his wife) are the acts of someone out to harm the government. Will Walton see this? Let’s just say I have to have faith our legal system is not totally broken. Fitzgerald will NOT be allowed to punish Libby for a crime he was not convicted of – unless Walton wants to give Libby a whole new trial since this one will be tossed out quickly if that happens. And Fitzgerald – he will be facing some challenges once this is ended. His day of reckoning is still coming.

43 responses so far

43 Responses to “Libby’s Big Day”

  1. Bikerken says:

    “Now the question is, do we want to get down in the gutter with them and be “competitive”, or do we want to continue to be “nice guys” and finish last.”

    Come on in boys, the waters fine!

  2. biglsusportsfan says:

    Libby needs to be able to tsay out on appeal. Politically I dont think Bush can’t do a pardon right now

    First will he have people giving him political cover? I mean conservatives can’t ask for a pardon this week and then proceed on the great divorce next week.

    Bush has to have as much political Captiol to get him through the end of the year at least. Take the immigration bill out of the equation. We still have important trade deals, a slight possibility of a SC Vacancy(it is that timeof year), Iraq again in September and god knows what else as we close out the budget year.

  3. stevevvs says:

    I just have to ask:
    What is wrong with the Bush Justice Dept.?
    Libby is sentenced to 30 months for a process crime.
    The “Leaker” Richard Armatige, walks the streets a free man.
    Sandy Berger destroys classified documents from the National archives, walks the streets a free man
    William Jefferson, takes YEARS to move on.
    We have had NUMEROUS LEAKS from our inteligence Agencies, that severly harm our Nations Efforts in this war. The score card on that:
    On Going investigations: 0
    Enditments: 0
    Convictions: 0
    Arrests: 0
    And the Reporters and Newspapers punished so far: 0

    This second term sure has been a waste, no mater how you look at it.

    The only things left to cheer about are my Tax Rates, Good Judicial Appointments, and he is the only one willing to fight a war. Beyond that, I’ve been disapointed.

  4. Soothsayer says:

    Apparently, thanks to the work of John Ashcroft and Alberto Gonzales – Patrick Fitzgerald is the only US Attorney capable of trying a case and winning.

    All the others are political operatives recruited from Regent Law School, ala Monica Goodling.

  5. Terrye says:


    That has nothing to do with the Bush Justice Dept.

  6. Terrye says:

    I mean exactly what is Bush supposed to charge Armitage with. And to charge a leaker, you have to find him. Look where that gets you. As for Berger, I think there is more to that than we know. Jefferson is looking at some really serious time here with these charges.

  7. stevevvs says:


    How can you say it has nothing to do with the Bush Justice Dept.? It has EVERYTHING to do with them!
    Assistant attorney general Comey appointed Fitz. Not only that, he was given free reign over anything. He had No Supervision, and could do whatever he wanted. Gee, I bet Ken Star would have loved not having to go to Janet Reno to expand his scope of investigation!

    Terrye, your lost in the woods.

    Fitz knew who the leaker was from the get go. This was a non case from the start. If there was a crime committed, surely Armitage should have been charged! He wasn’t. Then Fitz, appointed by Comey, kept going anyway.
    It is a travesty of justice.

    In pre-sentencing legal arguments, it became clear that Fitzgerald wanted the judge to sentence Libby, who had been found guilty of process crimes, as if he had instead been convicted of those more serious underlying allegations that formed the basis of the CIA-leak investigation. Fitzgerald ignored the fact that he had never brought charges under the Intelligence Identities Protection Act or the Espionage Act, and wrote that the grand jury “obtained substantial evidence indicating that one or both of the statutes may have been violated.” He asked Judge Reggie Walton to treat Libby as if it had been proven that such crimes occurred.

    The problem was that Fitzgerald not only did not charge Libby or anyone else with those underlying crimes, he never even offered any evidence in court that those crimes, as carefully defined by the statutes involved, ever happened. His throw-the-book-at-him sentencing recommendation contradicted the conclusion reached by probation officials, who in their pre-sentencing report pointed out that “the defendant was neither charged nor convicted of any crime involving the leaking of [Valerie Plame Wilson’s] ‘covert’ status.”

    This is the result of the Bush Justice Dept. because of Political Pressure, allowing this non case to continue.

  8. stevevvs says:

    Going one step farther, Fitzgerald also argued that Mrs. Wilson was, without any doubt, a covert CIA agent as defined by the Intelligence Identities Protection Act. In court filings, he offered what he said was a CIA-authored summary of her job status affirming that, at the time her name was revealed by Novak, she was covert, and that the CIA was taking “affirmative measures to conceal her identity,” as required by law. But many months ago, when Libby’s defense team was begging for such information, Fitzgerald refused to provide it. He pointedly declined to call Plame “covert.” He said her job status was irrelevant to the case against Libby. He even argued that it was irrelevant whether Mrs. Wilson worked at the CIA at all. Agreeing with Fitzgerald, Judge Walton barred both sides from discussing Mrs. Wilson’s status at the trial.

    But in the days before sentencing, Fitzgerald suddenly wanted to talk about Mrs. Wilson’s job. Again, Libby’s lawyers were given no chance to look into her status at the CIA. “We have never been granted an opportunity to challenge this conclusory assertion or any of the other unsubstantiated claims in this document, nor permitted to investigate how it was created,” the defense team argued. “If nothing else, the fact that the CIA’s spokesperson confirmed Ms. Wilson’s CIA employment to Mr. Novak calls into question whether the government was taking affirmative measures to conceal her identity.”

    All of this might be funny if it weren’t so serious for Libby. He is a dedicated public servant caught in a crazy political fight that should have never happened, convicted of lying about a crime that the prosecutor can’t even prove was committed. President Bush has the power to end this ridiculous saga right now. He should do so.

    National Review

  9. stevevvs says:

    “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?”

    06/05 04:28 PM

  10. Jeff Z says:

    I deeply admire your blog, AJ, but you and Bush, et al who are pushing this immigration bill have to take a stand, to wit, you cannot tell us on the one hand that 12 million illegal immigrant felons are going to be pardoned scot-free, while a brave partisan of our cause, Scooter Libby, is going to be railroaded into prison simply because our enemies can get away with it. The truth is that the Libby persecution has crossed the American Rubicon, and everyone knows it. I voted for Bush, and defend him vehemently, but if he won’t defent Libby–and I mean actively denounce his persectuors and bring the full weight of the government down on their asses, then he’s not worth defending, and neither is the Republican party.

    And let me make something clear: I’m not some exciteable kid. I’m almost 50 years old, I come from an intellectual, left-wing, professional, yada-yada-yada family, have the typical liberal-left ivy league, media/legal, yada-yada-yada set of friends, and since my “conversion” in 1980 have been the only conservative Republican (actually, the only openly admitted one, but that’s another story) among them. I have taken a lot of gried and a bit of ostracism over the years because I never back down in defending conservatives and the US in general, but this is different. This is like Venezuela or Zimbawbwe. This is more important than even terrorism, and helluva lot more crucial to the future of the US than immigration policy.

    I do have to give them credit though: The Left was absolutely correct about one thing all these years: There are (at the very least) large factions of the CIA and the FBI which are duplicitous, evil enemies of the US Constitution and the great and noble ideals which it embodies. The CIA and the FBI are scum, they really are; whether actively betraying the constititution or passively watching, scum through and through.

  11. AJStrata says:

    Jeff Z,

    Illegal immigration is not a felony. How is that for a stand?

  12. stevevvs says:

    Illegal immigration is not a felony

    But Should it be?

    Can You steal more breaking into my car, home, or business, or can you steal more breaking into a country?

    I believe all the others I listed are felonies. Feel free to correct me if I am wrong.

    That would be a great Poll Question. One that probubly is never asked.

  13. Dc says:

    Intentionally coming here illegally “should” be a felony. Further, anyone caught doing so, should be elligible for deportation back to where they came from AND be barred from entering again. How’s that for a stand.

  14. Soothsayer says:

    There’s a reason illegal immigration is not a felony. Not a crime, really. The government wants to keep immigration an administrative process.

    If being “illegal” was a crime, the rules of evidence would apply. Immigration would have to prove beyond a reasonable doubt that each illegal WAS illegal. They would have to provided with legal counsel. The criminal justice system would be overloaded, and the case backup would be truly frightening.

    Anyone caught – and administratively “convicted” – is eligible for deporation – AND barred from re-entry – but if they come back illegally its kind of a moot point.

  15. stevevvs says:

    Pretty Good DC. It seems odd does it not, that breaking into a Country, with all this one offers, is not as serious a crime as breaking into my Storage Shed!
    Kinda shows you the level of Seriousness on this issue in DC, No?

  16. stevevvs says:

    Soothsayer ,

    Mark this day down! I actually liked that post!

  17. Jeff Z says:

    Having just made a quick run-through of USCC 8, C 12, SC II, Part VIII–which is exactly as much fun as it sounds–I stand corrected. Simple illegal entry does not entail felony-level penalties, although pretty much everything else does. My comment should be amended from “12 million illegal immigrant felons” to “12 million illegal immigrant, millions of them felons by definition.”

    However, I’m being ultimately dishonest, since its not the immigration issue that’s at the heart of it, especially as I approve of work visas, etc. The Libby thing in its brazenness, its unashamed and unqualified tyrrany, is unamtched in my lifetime. Bush and the Republicans have to…well, let’s put it this way, I’m the Walter Cronkite of Republicans; if they lose me, they’ve lost the country.

  18. stevevvs says:

    Get This:

    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


  19. thecentercannothold says:

    It’s the common folk versus the plutocratic elite Republican
    and Democrat.


    and the elitists, a combination of imperialists and Israel firsters
    from Peter Pace to Jimmy Carville/Matalin, to Natan Scharansky, Perle, Feith & Wolfowitz want Libby freed and troops to
    continue dying for their narrow interests. And if there are any
    America First intelligence people, eg Ray McGovern, Wilson,
    Scheuer, Plame let their lives and careers be thrown to the wolves
    if they get in the way of Empire.

    trust few but Paul, Kucinich, Gravel, Nader.

  20. ivehadit says:

    You mean right like this post:
    “Gonzales won’t last out the month – let alone the end of the term. Yesterday, the Justice Department released 2,000+ e-mails regarding the US attorney replacements – that’s 250 pages of e-mails for each US attorney replaced – but “there weren’t any replcements made for political purposes.” Yeah – right – and Karl Rove’s job in the West Wing is to provide pastoral ministry.
    They’ve already caught the guy lying to Congress under oath. By the time they’re finished with Gonzales he’ll be the most proscuted Attorney General since John Mitchell. ”
    Left by Soothsayer on March 20th, 2007

    The democrats continue to make a mockery of our judicial system. Libby can’t remember and gets punished. Clinton lies under oath and is walking around. Berger gives up his law license to avoid questions by the DC bar. ‘Nuff said.