Need to consider seriousness of offense. Investigation extremely serious. Conduct of Mr Libby is serious behavior. Has to be a sentence that promotes respect for law. Indivs should understand there are consequences. Obviously, punishment has to be considered. Statue does call for just punishment, In reference to deterrence, nothing in this case, based on Libby's history that would suggest that specific deterrence needs to be major concern. Considering the things he has done. No reason to believe he would commit another crime. General deterrence is important. people who occupy positions of responsibility have to appreciate taht if they step over a line, there are consequences. It causes people to lose faith in our govt. That's a major consideration.
Obviously, statute requires sentence that protects public. I have to consider the type of sentences available, I have option of imposing sentence from probation to max, I have to consider need to avoid disparities. Creates real challenge. Bc. Obviously, one one hand, there are reasons why departure might be appropriate, On other hand, consdiering nature of offense, that conduct in my view counters against imposing a sentence that departs. In the end, my view that those factors balance themselves out, which causes me to conclude that sentence does fall and should fall within the guidelines.
I don't think high end is necessary. 30 months FIne him $250,000
Within 72 hours report to probation department and abide by supervised release.
In ref to obstruction, 30 months, To other counts, to 15 months, concurrent. Supervised release for 2 years following release from detenino.
He must provide sample of DNA, he will be required to contribute 400 hour of community service.
Short break, will proceed with bond issue.
11:54
Login Here
Share This
Spotlight
fitz!
Zed!
Throw the book at him!
How much leeway does the judge have to raise or lower Scooter sentence?
30 mos/fine
parole til appeal?
Good goin’ team Fitz.
30 months!!! Woo hoo! Congratz all!
I’m guessing 12 months.
Jeeze. 30 months. But will he go directly to jail?
That’s fair.
30 Months. good. $200K good.
Now Mr. Libby, be a patriot and tell the truth.
Walton!
Less than three years. Well, that’s something, I suppose.
Thirty months, baybee!
Ouch. Yay.
Perp walk!
So much for Jeffrey Toobin’s prediction ; )
And we can start the book on how much time he spends inside an actual prison as of now.
I say 2 months.
30 months sounds exactly right to me. Fine’s a bit light for a man of his means, but hey — it’s the time that counts.
Will he be allowed his freedom while appeal moves forward? If not, will Mr. Bush pardon him?
A nation waits…
30 months — 200k. I’ll take it. Thanks EW, JH, CHS, and all the rest of the firepups for all the great work you do!
I’d have preferred a sentence that took more into account the gravity of the crime being investigated and the penalty that would have accompanied a conviction for that crime. That’s where the general deterrence would have been found.
Donate the 200k to FDL
Reg!
Does he remain free on appeals?
Walton, the huburis buster. Thanks for being consistent.
anyone see the look on Scooter’s face?
So much for Jeralyn’s prediction.
PLame sentenced to life without parole in regards to losing her career and safety. Team Bush wins again. What would you rather have, your life put on hold for 30 months (minus time for good behavior) or your entire life destroyed forever? Those bushies got ‘em good this time. No one accounted for the treason yet either.
CNN is reporting the fine = $250K… do I hear $300K?
So, the next terror alert is scheduled for Saturday (four days later…)?
No matter what the sentence there will be appeal after appeal all the way to Fat Tony Scalia.
This is just Round One.
Isn’t outing a CIA agent a terrorist act? Guess NeoCons are exempt from the law and their own definitions.
> In reference to deterrence, nothing in this
> case, based on Libby’s history that would
> suggest that specific deterrence needs to be
> major concern. Considering the things he has
> done. No reason to believe he would commit
> another crime.
Speaking as a citizen, there is _every_ reason to think that Libby would commit another crime if given the chance. That was exactly the point of the entire trial!
That one bothers me a bit.
Cranky
Thanks CHS, Jane, and Marcy.
Wonderful resource to have, the Lake.
I can think of no better place to direct my contributions, much more fulfilling than any political campaign.
Everyone on TV is saying $250,000, not $200,000. What’s up?
Toobin now on CNN….shocked at length…does not think an appeal will work….thinks far more pressure on Bush to pardon due length of sentence…
my question…doesn’t Bush risk Libby opening his mouth if he does not pardon now that the sentence did come thru so heavy???
Rafar @ 18
Nary a day! $$$? Slap on the hand.. So much for ‘juicetice’.
30 Months! You heard it here first, folks!
Thank you Jane and Marcy for the great Live-blogging - again!
The fact that 30 Months comes as no surprise to FirePups just goes to show how well-informed the Lake’s readership actually is.
It doesn’t feel like enough. Nothing feels adequate with this bunch who treat both the laws of this country and the values of their own democracy with such contempt.
$250,000. Big mouth reporters talking over Walton kept us from being able to hear.
Haha! $200,000! LIbby’s friends are now going to have to pay for those letters!!!!!!!!!!!!!
Why don’t we know if he will go directly to jail?
fox news is showing microphones outside the courthouse so it looks like there will be someone speaking.
Marcy: Sterling job. How can you type so fast and think at the same time? I’m in awe, and I fear I’m becoming a groopie. Scary thing for a 52 year old man.
Wells arguing for bail pending appeal.
Thanks for the live blogging. My first time here, donating today. Great Job!!
Thank God that’s done. Let’s see what happens now.
does this mean he will be out on bail pending appeal?
he stays out pending appeal?
30 months and 200K? That’s it, huh .Bah - piece of cake for Libby. He’ll most likely only spend 15 months in jail and some rich wingnut like Scaife or a member of the Walton family will write the court the 200K check. He’ll get out in time to join other outgoing Bush-cons at a postion at Halliburton in Dubai.
30 months and $ 200 K - a small price to pay to keep Cheney’s lies about WMD front and center in the MSM spin machine.
So he’s on supervised release pending appeal?
Jane, feel free to do the cabbage patch, or any other appropriate ball-spiking dance.
I came here to read your Libby coverage; it’s nice to be here now. Good on ya.
I like the 400 hours of community service - picking trash along the highway? Teaching illiterate fellow inmates how to read? He’s a convicted felon now, so he can’t practice law anymore, I guess that cuts out any pro bono legal work.
He’s not a flight risk, so he’ll probably stay out on bond through the appeals process. Unless someone above Walton gets a hare-brained scheme, Scoot’s gonna see the jail from the inside.
Thanks, Marcy, Jane, Christy, et al. Well done.
-GFO
MSNBC says that Scooter will be free pending appeal.
Scooter gets off.
Any time Libby stops obstructing justice and starts telling the truth, Team Fitz and Judge Walton will be willing to listen.
That’s not likely, but the clanging of his cell door closing might inspire Libby to get chatty.
Wells says if Walton wants briefing, he can file by end of day Thursday. Walton says “done.”
Libby, it’s been good to know ya.
It should be 30 months…in Baghdad.
Is he really going to jail, or is he simply getting parole?
I thought, a couple of threads back, that the judge was sounding a bit peeved with the defense. The defense reading the letters didn’t help any, I see.
Christy….
when determining if Libby can be free pending appeal, does he consider only the question of whether Libby represents a flight risk or a risk to public safety, or can he consider the likelihood of success of an appeal — the likelihood of a pardon at the end of Bush’s term, etc.?
Just want to make sure I am reading this right-
so it’s 30 months and then 2 years of supervised release after detention?
It’s treason, but it could be worse.
Thirty days, …er months.
Less than five years for treason. Looks like Judge Walton is tougher on young black males than white rich guys.
Only good point: Libby reports to prison in 72 hours. Rove is warming up the pardon machine.
Matalin and Carville’s letter just slays me. “Mr. Scooter is beloved, please don’t make our children watch him go to jail.” Treacly and saccharine and pathetic. Hey, I bet Bull Connor was great with kids an dogs, too. So what?
2W - I think the bond/bail issue will be decided after the lunch break. even if bond is denied, he’ll have a few days to put his affairs in order before reporting to prison.
(And after reading the letter from Matalin/Carville, I just hope the Democratic party realizes that Carville is a republican mole and should be drummed out of the party. He’s dead to me.)
Hiflyer @ 35
Yes. But Bush risks *really* pissing of CIA if he does pardon.
Not a good choice for him.
“concurrent.”
Did anyone expect him to run em’ wild?
“consecutive..” would seem more just.
They will now argue whether he remains on bond pending appeal or not — standard practice to hold off on this until after sentencing is laid out. I don’t think we know yet whether Libby will be remanded to custody shortly or remain on bond. Patience in a courtroom setting is always a good thing…
For a federal crime you have to serve 80% of that time. So 24 months would be the absolute minimum.
Jane, Marcy — IS he going to jail today?
TheOtherWA @ 54
Worked with Abramoff or so we were told.
FDL getting a shout out from Raw Story!
http://rawstory.com/news/2007/....._0605.html
I feel this is a fairly good sentence, since he was not being tried for treason (and IMO he should be tried for treason, make no mistake).
My fear was that it would have been significantly less than this. Now, keep in jail while he appeals and I will be totally happy. Score first strike for The Justice System. Yay, Walton!
Can’t thank you enough, FDL. Donation coming.
Rafar @ 18
Actually, I think he must do at least 80% of the time. Thus at least two years in the clink.
I am so confused—does he get to stay out while appealing? Or go to jail in 72 hours?
As always - Marcy, Jane, CHS and all the FDL gang - what a great job you all do.
Thanks for everything.
MSNBC has jumped the gun on the question of bail pending appeal, this is being argued now, see Jane’s comment#44.
My error. Libby gets parole. There is not justice.
eyesonthestreet @ 61
Yes that is right.
Hiflyer @ 35
Toobin made me laugh laugh when he couched his response with “Well I can’t speak for other socalled experts.”
Jeff Toobin — Socalled Expert.
soooo all the attorneys here - will he ACTUALLY go to prison?? or will endless appeals keep homey out??
Terre @ 24
If he remains free on appeal that will prove that Libby’s crime and sentence applies to the priviliged. Would Walton allow someone who robbed the corner grocery store to walk and wait for appeal? Are there different standards? We are waiting.
Will this trial and sentence inspire these young people or support their continued “loss of faith in our government”?
Fox news says Scooter will be free while his lawyers appeal, a process that will take a long time. “Maybe a year from now we’ll be talking about this same case,” a Fox reporter
gloatedsaid. They said it three times. Groan!Walton — Question of appeal — appointments clause issue — extent to which there is appropriate supervision over Mr. Fitzgerald and his operation. He was confirmed by the Senate, occupies position in Chicago as US Attorney and was tasked with this investigation. Even though Deputy AG recused himself, no indication he had recused himself wrt supervisory issues. If Fitz did not conduct himself within rules and regulations of special counsel, he would have been subject to dicipline and removal like anyone else.
Jefress interrupts. Wells wrote an opinion on this, said it’s a difficult question. Didn’t do it because it’s open and shut. Bail pending appeal depends on their being a close issue. Requires district judge to admit that he’s not perfect and that a higher judge could disagree with him, and that defense provide adequate reason for that.
30 Months.
This is kind of disappointing. Once Walton decided on the 30-37 month range for sentencing, the next thing he should have taken into account was the amount of contrition expressed by Libby.
Which was: None.
With that in mind, Libby should have gotten the 37 months at the high end of Fitzgerald’s recommendation.
Oh well. At least Walton sentenced in the high range of the guidelines. That’s something to be grateful for anyway.
Thanks Christy at 68! I hope he gets to do some time in jail. I am glad he got 30 months but 30 years would have been nicer.
Woo-hooo! Drive-by cheering - Judge W and Marcy and Jane and Christy and FDL!
Thanks for this - could only peek off and on here at work, but it’s great to be able to rely on FDL.
There will be a small donation coming to say thank you more tangibly.
Loudocracy @ 77
I know, stranger still, as CNN is holding fire on this. I would have thought it would be the other way around!
My past experience is that federal judges usually don’t allow a convicted felon to be free pending appeal unless the grounds for appeal are strong. Unless I am missing something, and especially in light of Judge’s words condemning Libby’s defense during sentencing , they don’t seem to be in this case
$250K does not begin to cover what this has cost us. Chimp change.
Cranky Observer @ 32
Maybe the point is that no one will trust him again (except his neocon clients), so he won’t have any more chances to obstruct justice.
Considering his chances of overturning this on appeal is not good, I wonder why the judge would bother agreeing to let him stay out of jail pending that appeal.
Though, I am not sure how this decision is made. Can a lawyer here fill us in?
Walton was going to give Libby 6-8 weeks before surrendering to bureau of prisons anyway. Because Fitz said Libby wasn’t a flight risk they didn’t prepare to argue that today. Wells will get their brief in 48 hours, Fitz wants 10 days. Wells says Fitz needs to get it in by Monday and they’ll respond by Tuesday.
Wells says Fitz has to have it in by Tuesday. Wells says he’ll respond in 24 hours.
soyinkafan @ 63
carville just lost his last remaining ounce of my respect.
I’m guessing he’ll be out in time to see the Aspens turn color.
If Libby is pardoned he cannot take the Fifth on anything he was charged with . . . not sure if it matters though.
Thanks FDL for live-blogging this one!
soyinkafan @ 63
Depending on your perspective, he (and his henchmen) were particularly good with dogs.
Grateful Dead
See ya Scooter.
Karl?
We’d like a word with you.
Badwater @ 57
Hmm . . . I was thinking Kandehar, or on the Afghanistan-Pakistan border, wearing a “Brewster-Jennings” polo shirt.
Will he go to jail pending appeal?
At this point, that’s the only question that matters. Give him 30 days to get his affairs in order.
But, if he isn’t going to jail soon, he walks, and the whole thing has been a charade.
Walton set a hearing date for 1:30 next Thursday.
dunderhead @ 77
Now there is a valuable lesson for the young folks. The judicial system is not just. Another confirmation. Libby will more than likely not do any jail time. Just how does one explain this to these young people Judge Walton, Fitz? Help me. They will be asking questions I will not be able to answer. All I will be able to say is our justice system is not just, and truth is not the engine of our judicial system.
Would Walton or Fitz be willing to Vlog with them if I can get a group of them together? I am sure I could get a group of 15 19-2o year olds to vlog or blog with one of the heavy hitters.
If Libby is pardoned and then testifies, he’ll just contract a terminal case of CRS and MSU (cant remember s*** and make s*** up)
kathleen @ 104
You actually know some 19-20 year olds who give a rats ass about this? How bout a universal draft, that’ll get their attention.
/
Jane Hamsher @ 85
Thanks Jane! You guys do great work!
Liberal Heart @ 70
No — see above, Walton said he has 72 hours to report.
Fingers crossed that he is not allowed to remain free pending appeal.
> My error. Libby gets parole. There is not
> justice.
That’s a misreading I believe. Libby gets 30 months of jail, THEN has 72 hours to meet with his parole board to begin another 2 years of supervised probation.
Cranky
For Jack Abramoff, there was a delay of several months between being sentenced and reporting to prison.
JGabriel@ 84 - I cannot discern from the liveblogging (not complaining here, so don’t anyone think I am) what the exact basis Walton used to arrive at the sentence is. He did not have to necessarily use all the enhancements the govt. asked for in their suggested range to get to 30 months. Will be interesting to read the actual sentencing order/minute entry.
Jack5839@89 - Boy that is sure usually the case, especially with Walton from what I hear.
You’d sweatr he was Bobby Bacala getting wacked in the Hobby Shop in front on his kids.
does this sentence give more credence to the plame lawsuit - oh i have loads of questions on this case and its effect on other bushco perps….
My lawyer friend in my office says he goes to jail regardless. Because he’s a convicted felon, Scooter doesn’t have a choice. The defense request for bail won’t keep him out of prison, because it’s a federal offense. (that’s what I’m being told, at least.)
Fresh thread on the ongoing and continuing arguments with regard to whether bond should or should not continue and whether a stay of sentencing pending appeal should be issued. (Meaning that the issue is NOT settled yet, people.)
In some ways this sentence of only 30 months is better because a really long sentence would enable Bush to pardon Libby more easily. A long sentence would allow Bush to pardon him easier while explaining that the punishment was so severe and “unfair” that he HAD to pardon him.
I think that this was a “safe” sentence for Walton. He established that while not mandatory, that the sentencing guidelines should be followed, then established that the sentence had to be determined based on “cross-referencing”, then he gave Libby the minimum (30 months when the range was 30-37 months) under the sentencing guidelines.
I hope that Libby’s lack of contrition plays a significant role in determining whether Libby is allowed out on bail pending appeal….
Ruby Tuesday @ 64
Amen! Anyone who doesn’t agree with you hasn’t been paying attention.
Raven @104. Yes I do know a pack of 19-20 year olds who do give a “rat’s ass” about this trial and justice. They have been hearing me and some of their parents who are concerned.
(I took some of them to the anti-invasion marches in the fall of 2002, when they were 15.)
What a message for these young people that your position does effect the outcome (no surprise to me) just another example of those who operate outside of the law.
As Libby walks out under “supervision” Fitz’s words ring hollow “Truth is the engine of our judicial system”. This is simply not the truth. This is just one more example of many where people in “special” positions are not held accountable in the same way that the common folk are.
Walton’s words ring hollow today “has to be a sentence that promotes respect for the law”.
Walton you failed. Libby should have done directly to jail and you know it. You fell prey to the pressure of those who are “connected at their roots”. Very very discouraging!
Christy.
Thanks so much for your comments thru-out.
I don’t know how Marcy & Jane managed, what with the premature jabber from surrounding reporters.
It’s great to have you helping make sense of it all.
Bravo to you all!!!
kathleen at 117 and everyone– Walton has NOT made his decision on bond as yet. It is to be briefed and then argued next Thursday — but Walton has already said that he is disinclined to allow Libby to remain free for a substantial period. Please see the next liveblog thread for the further courtroom statements on this.
kathleen 117
suggest you refer to Christy 113 and upstairs, before you have a complete hissyfit…
Folks—
Please let’s stay on topic during live blog.
This is not the place to discuss who will be in the Senate.
And totally no name-calling! It will be taken off.
Amy @ 95
It certainly is moot. Does anyone see ANY charges against anyone by the govt? No.
That’s my beef with this whole thing. A libby conviction is nothing without a prosecution of the culprits.
Jeffress highlighted the most important issue here:
The govt would have charged it (viol. of IIPA).
I just don’t get why everyone here and in the lefty sphere thinks there has been some sort of VICTORY against the bad guys.
This years’ long investigation has gone no where. A guy got 30 mos for obstr of justice.
Frankly, why should he get even ONE DAY in prison if the alleged underlying offenses aren’t being pursued?
I have been a Fitz fan for a long time, but when he said his work was done at the end of the Libby trial? WTF?
THEY ALL GOT OFF!
I feel cheated, and I don’t think that Robert F. Kennedy would have stopped where Fitz seems to think ‘the investigation and charges’ needed to be stopped. So, I can’t say Fitz works for the country.
Sorry….
> Maybe the point is that no one will trust him
> again (except his neocon clients), so he won’t
> have any more chances to obstruct justice.
One word: Negroponte.
Please do not insult fellow commenters. Thanks.
“Take him down!”
Here’s the deal: No jail time and immunity to perjury from past under-oath testimonies IF he spills the beans. Next Stop: Dickville.
400 hours of community service. My favorite fantasized punishment for Bushcons is cleaning bedpans in veterans’ hospitals–and for a long longer than 400 hours.
If he is not let free on bail pending appeal, the way I think this normally works is he’d be on supervised release until he actually gets locked up. Typically he’d get 30 days or so (someone else said 6-8 weeks) to get his affairs in order. During that period he would be under some parole-like conditions, like maybe he’d have to meet with a supervising officer once a week to show that he hadn’t fled the country or something like that. The 72 hour thing means that some time in the next 3 days he has to meet with parole folks and establish the exact supervision terms.
Unfortunately, Bush has no shame. Have they started the betting in Vegas as to how soon Libby will be pardoned?
I’ll bet sooner rather than later. Cheney can’t afford to have Scooter sing to Fitz.
Submit DNA????
That’s just wrong. DNA has no business being collected by our government. Not if the crime is of a non violent nature. Sorry. Justice Dept should be constitutionally prohibited from fishing for other crimes and the individual is NOT required to implicate themselves.