I Liar's Sentencing June 5th: Will He Be Able To Stay Out Of Jail?

[Me.]

“Prosecutors and defense lawyers for a former White House aide, I. Lewis Libby Jr., face a deadline Friday to give their final recommendations on the sentence he should receive for his conviction on charges of perjury, obstruction of justice, and lying to the FBI.

However, the real cliffhanger at the sentencing hearing, set for June 5, is not what punishment Judge Reggie Walton imposes, but whether he allows Libby to remain free while pursuing his appeal. (emphasis mine)” cont..,

“Gerstein's sources are correct that the question of Libby being allowed to remain free on bond awaiting appeal is a big one — because, generally speaking, such bond is only granted where a substantial question of law or fairness is substantially at issue in the case. Here is former USA Roscoe Howard Jr. in Gerstein's article:"cont...

www.firedoglake.com/2007/05/25/libby-on-the-verge-of-sentencing/#more-9303

edited to correct link

[Me.]

1. From The Gerstein Article

“Gerstein's sources are correct that the question of Libby being allowed to remain free on bond awaiting appeal is a big one — because, generally speaking, such bond is only granted where a substantial question of law or fairness is substantially at issue in the case. Here is former USA Roscoe Howard Jr. in Gerstein's article:”

:”A former U.S. attorney for the capital, Roscoe Howard Jr., said he doubts Judge Walton will allow Libby to delay serving his sentence until his appeals are resolved. "I don't see that here," the ex-prosecutor said.

Federal law dictates that bail pending appeal be denied unless the appeal raises "a substantial question of law or fact" that could reverse the conviction or have a significant affect on Libby's sentence.

"Most people I talked to who followed the trial thought that the government's evidence, regardless of whether you though the prosecution was proper, was pretty strong," Mr. Howard said.

And, in the case of Mr. Libby, who was a public official in a substantial position of trust and a practicing lawyer to boot, the question of catching a break for bond in a conviction of multiple felonies involving deception and an attempt to subvert the integrity of the legal process is low, in my opinion — not impossible, but it is a very, very steep hurdle for Libby's defense team to leap.” Cont…

www.firedoglake.com/2007/05/25/libby-on-the-verge-of-sentencing/#more-9303

[H2O Man]

4. It does not

seem that Scooter should be making plans for summer.

[bleever]

2. Without punishment, justice has no meaning.

Let justice be done.

[Me.]

3. Frankly 2 1/2-3 Years Isn't Enough

I dearly hope Judge Walton goes heavier than that.

“WASHINGTON — Former White House aide I. Lewis "Scooter" Libby has shown no remorse for corrupting the legal system and deserves to spend 2 1/2 to 3 years in prison for obstructing the CIA leak investigation, Special Prosecutor Patrick Fitzgerald said Friday.” Cont…

”In court documents, Fitzgerald rejected criticism from Libby's supporters who said the leak investigation had spun out of control. Fitzgerald denied the prosecution was politically motivated and said Libby brought his fate upon himself.

"The judicial system has not corruptly mistreated Mr. Libby," Fitzgerald wrote. "Mr. Libby has been found by a jury of his peers to have corrupted the judicial system."

U.S. District Judge Reggie B. Walton, who has a reputation for handing down tough sentences, has broad discretion over Libby's fate. Walton faces two important questions: whether to send Libby to prison and, if so, whether to delay the sentence until his appeals have run out.” Cont…

www.huffingtonpost.com/huff-wires/20070525/cia-leak-trial

[H2O Man]

5. I think that

6 to 8 would be fair. He would get out sooner. But, of course, the president would be more likely to pardon Libby if there were a long sentence.

A couple of years in prison seems short. But it won't to Libby.

[Me.]

8. Sound Good To Me

Better than 2-3 for the damage he's done.

[rasputin1952]

9. Here's what might knock him down a peg...

"...Libby has shown no remorse...", While it depends on the Judge, and how his day is going and things like that...very few judges show leniency when, after a preponderance of evidence, and guilt proven beyond a reasonable doubt, yet a defendant decides to "show no remorse".

We'll have to wait and see what happens, I hope he goes down hard.

[Clark2008]

6. My baby daughter should be here by then, so, hopefully, I

won't be paying a lick of attention to the likes of Scooter.

[Me.]

7. Christy's Point Of View

From FDL linked above:

" This is exactly right. When you are in a substantial position of public trust, and you abuse that position and, further, you do so in a manner that attempts to undercut the system of justice, you generally are not given a lot of sympathy from judges during sentencing. If anything, you are punished for abusing the public's trust because you ought to have known better and you have a duty to live up to a higher standard of conduct by virtue of that public trust.

Indeed, Mr. Libby is doubly cursed in this because he is also a lawyer who worked with clients on white collar criminal cases and should have been very well versed in the penalties for perjury, obstruction and lying to federal investigators. Lawyers are expected to live up to their own standards of ethics and Libby's failure — and, truly, his blatant, repeated lying on tape before the grand jury which everyone got to hear throughout the trial — is something that Judge Walton will consider when making a determination on an upward or downward sentencing departure.

The Bush Administration may not take ethical considerations, the rule of law or a failure to live up to their fiduciary obligations to the public or the Constitution seriously but, in my experience, most federal judges are sticklers for that sort of thing. How inconvenient for Libby, eh?"