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Libby Ordered to Jail During Appeal

This is completely unreasonable:

Former vice presidential aide Lewis "Scooter" Libby must begin serving his 2 1/2-year prison sentence while he appeals his perjury conviction, a U.S. judge ruled on Thursday.


Libby, Vice President Dick Cheney's former chief of staff, will have to report to prison in six to eight weeks unless his lawyers persuade an appeals court to let him remain free.

Conservatives have pressured President George W. Bush to pardon Libby before he serves any time in prison and Thursday's decision could increase that pressure. But a White House spokesman said the president is not going to intervene for now.

Libby was found guilty in March of obstructing an investigation into who blew the cover of a CIA analyst whose husband criticized the Iraq war.

Libby's lawyers told U.S. District Court Judge Reggie Walton that he should remain free because his verdict might be overturned during the appeals process.

They plan to argue on appeal that the prosecutor, Patrick Fitzgerald, was improperly appointed and that Walton should not have excluded witnesses and classified material Libby had hoped to use in his defense.

Walton, however, said they were unlikely to prevail on those issues, and added that he could not overlook the overwhelming evidence of Libby's guilt.

What a joke. Fitzgerald knew that no crime had been committed, but he had to find someone to charge for something because a special prosecutor does not want to have to explain to an oversight committee the months of time and millions of dollars that he spent without having anything to show for it. So Fitzgerald questions "witnesses" over and over until he gets someone to slip up. That's what happened to Scooter Libby.

P.S. Ruckman, Jr writing at National Review offers an alternative.

Update: Make sure you stop by and read Jay Tea's post on the Libby case from earlier today.

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Comments (79)

He broke the law, simple as... (Below threshold)
Sig:

He broke the law, simple as that, and now he faces the consequences of his actions. Don't conservatives believe in the rule of law anymore? How about accepting responsibility for your actions?

If you can't do the time, don't do the crime.

Maybe it is time to start i... (Below threshold)
Zelsdorf Ragshaft III:

Maybe it is time to start impeachment proceedings against that judge, not asthough that could happen in this congress. It seems Bush is not going to pardon him while the appeal proccess is working. Looks like Scooter is going to spend some jail time. Maybe when this is reversed he can sue Walton and Fitzgerald.

I can't wait to see which i... (Below threshold)
Sig:

I can't wait to see which inmate will make Irving his own little bitch, to wash his drawers and light his smokes. He'll probably be passed around the cell block a few times first. He's a celebrity!

Uppity white people don't fare too well in federal correctional institutions.

Maybe all of you Libby supporters can send him nice letters of encouragement. He could use the diversion as getting butt raped nightly doesn't make for a pleasant stay for 30 months.

I'll send him a case of Astroglide, just so his new lovers have an easier time with him.

Judge Reggie Walton (a Bush... (Below threshold)
groucho:

Judge Reggie Walton (a Bush appointee) said there was overwhelming evidence that Libby lied and obstructed the investigation of Special Prosecutor Fitzgerald (another Bush appointee) into the leaking of a covert CIA agent's identity. What's the problem? looks like Gozo and Co. fired the wrong guys.

I feel for the Scooter. It must be hard to keep your story straight in the ongoing web of deception that is the current administration. The search is on for any technicality, however small, that can serve as an "aha!" moment and marginalize the case. Meanwhile the initial problem, the outing of Plame for purely political retribution is ignored. Damn the liberal media!

I hope Bush pardons him or intervenes in some way. It will crank up the fire slowly simmering under the White House in anticipation of the inevitable Bush roast.

Geo Bush is a cold, pitiful... (Below threshold)
Michael Q:

Geo Bush is a cold, pitiful man, who can't rise above an out of control prosecution, and a weasel of a Bill Clinton appointed judge (that in itself makes the judge suspect of being biased, name a democrat appointed hack who isn't biased?) getting back too Bush he should pardon Libby and not mince words in taking the prosecution and judicary to task for the treatment of an innocent man, but sadly Bush like the democrats would rather stick their heads in the sand an hope that nothing bad happens (Unless it comes to sticking 12 - 20 million illigals down our throats).

Nelson from the Simpsons wo... (Below threshold)
Sig:

Nelson from the Simpsons would offer this advice to Scooter:

HA HA!

KimHere's the prob... (Below threshold)

Kim

Here's the problem for the President.

http://www.dcd.uscourts.gov/walton-bio.html

Libby is ,based on the letters to Judge Walton, (particularly the Wolfwitz letter about Armitage, who is a weasel, scoundrel and coward) a good man. But he has been found guilty in a Court of Law. The sentencing Judge has determined that the legal merit of his appeal is without substance.

There has been much made of the "Wall Street" verdicts that attempt to support his appeal case but frankly, those Wall Street cases were much more complicated than Libby's verdict.

I am a supporter of Scooter Libby and feel real saddness for what his family is going through.

I think the final chapter in this saga will be one that compells political apointees to tell the truth in a straightforward and conclusive fashion no matter what the result. That is not to say Libby outed Plame.He clearly did not. Wilson and Plame very much enjoyed their exhibitionist roles. It is to say that perjury is perjury and the cover up if always worse than the original crime.

If the President is going to pardon Libby he should do it based on the principle that the concept of an Independent Counsel or Prosecutor is irrelevant and dangerous. I don't see that happening because the President allowed this prosecution to occur.

"How about accepting res... (Below threshold)
Rob LA Ca.:

"How about accepting responsibility for your actions?

If you can't do the time, don't do the crime"

Sure , when are your traitorous criminal leaders going to report for their date earned with a firing squad?

"Don't conservatives believe in the rule of law anymore??

Thanks for admitting that fact. Conservatives are the only ones who do and what the democrats and blowhards like yourself have done should also be deamed criminal and punished. You little loud mouth sissies what mob rule? Then get your faggoty ass out and fight for it. Oh I forgot , this Country is not worth dying for, but you will lie your ass off for some sexual deviant pervert. What gives.

Sig:I can't wa... (Below threshold)
marc:

Sig:

I can't wait to see which inmate will make Irving his own little bitch, to wash his drawers and light his smokes. He'll probably be passed around the cell block a few times first. He's a celebrity!

Would that mean you'd be in a cell beside him to witness the "red hot man on man action" yourself?

I'm game, make it happen.

groucho:

I hope Bush pardons him or intervenes in some way. It will crank up the fire slowly simmering under the White House in anticipation of the inevitable Bush roast.

"Bush roast" meaning what? Impeachment?

For doing what he's legally allowed to do regardless whether you think it's politically right.

That's some critical thinking there.

Sig, had the trial been fai... (Below threshold)
Zelsdorf Ragshaft III:

Sig, had the trial been fair i would agree with you about taking responsibility. Since the defense was limited in what it could present in that defense, and the fact that Fitzgeralds appointment as special prosecuter may be extra legal and the fact that there is no underlying crime shows this trial to be exactly what it was. Fitzgerald should be disbarred and Walton impeached.

Not meaning impeachment, me... (Below threshold)
groucho:

Not meaning impeachment, meaning the country's patience with their increasingly imperial leader will have worn thinner by a few degrees, that's all. It's getting harder and harder to use the words Bush and legal in the same sentence these days. You did a hell of a job, Scooter!

Sig, Your racism is showing... (Below threshold)
Scrapiron:

Sig, Your racism is showing and it sounds like you have ample experience in a cell. How many did you take on per night on your knees?

Conviction was a sure thing when
Bush appointed a democrat twin of Nifong. Fitzfong is no better, he'd sell his mother and probably has for a conviction of a republican. With the lack of 'judges' in the court system the jail time was also assured before Libby walked through the door. Bush may as well pardon him tomorrow, he has sold the country down the drain by supporting the Am-nasty bill with 80% if the country against it. Democrats should be happy, there will be few republicans in congress after 08. I just hope you do well at dodging terrorists bombs in the shopping malls-(the democrats have demonstrated their cowardance, I'll laugh every time there's another attack in this country and I'll not be on the road with a Fire truck or Ambulance to help out, let em bleed in the streets, compliments of the democrat party's support for terrorism)- and paying twice as much tax as you do currently.

I learned something from Ki... (Below threshold)
JFO:

I learned something from Kim's post tonight that I never knew.
There's a felony crime entitled "getting someone to slip up." Obviously a law sponsored by the good Dr. what's his name from Tennessee when the republicans had control of the Senate. Must have been tagged on to a mandatory sentencing bill that gave crack addicted mothers 20-30 years in prison for a second offense. Imagine that.

It's a taunt to Bush to giv... (Below threshold)
jpm100:

It's a taunt to Bush to give a pardon.

A pardon both leaves the verdict as valid in the Left's mind and also makes Bush look like part of a conspiracy to covering the tracks of one of his operative.

Fitzfong! Now that is hila... (Below threshold)
Jo:

Fitzfong! Now that is hilarious.

Tell Scooter to tell all the Clinton administration/staffers hello for us. I believe at least a dozen of them are in in the pen. Those he didn't pardon, that is.

Very clear lesson for ANYON... (Below threshold)
Justrand:

Very clear lesson for ANYONE and EVERYONE who is EVER questioned about ANYTHING by a prosecutor, simply and repeatedly say: "I do NOT recall".

To EVERY question (except maybe: "what is your name?")

That's it.

Armitage was not THE leaker... (Below threshold)
civil behavior:

Armitage was not THE leaker.

Armitage was A leaker.

No one was charged or convicted of outing Plame BECAUSE Libby obstructed justice.

Seeing as how Scoots obstructed justice.(Obstruction of Justice: Libby intentionally deceived the grand jury about how he learned, and "disclosed to the media," information about Valerie Plame Wilson's employment by the CIA. He should go to jail and serve his time for breaking the law. Outing a covert agent whose work had to do with nuclear proliferation jeopardizes the security of the country.

What they've done is an act of treason. Jail is a pardon.

Is Libby a flight risk, or ... (Below threshold)
John F Not Kerry:

Is Libby a flight risk, or a danger to himself and others? I always thought that was the standard for appeals. Maybe because this was a kangaroo court that doesn't apply.

Nice of Walton to base his ... (Below threshold)
MikeSC:

Nice of Walton to base his sentence being higher than the recommendation on Fitzgerald's utterly unproven claim of him outing a CIA agent. I mean, he only had an entire trial to make that case, but failed.
-=Mike

Poor widdle Scoots! Why don... (Below threshold)
putting food on your family:

Poor widdle Scoots! Why don't all you Wizpeeps who just love law n' order so much just take up a collection and send Scoots a box of "Soap on a Rope" so he won't risk having to bend over in the showers, and pack in a tube of KY Jelly just in case the rope breaks?

I know Scoots and his family would be touched by your thoughtfullness.

c. b. you are dumber than s... (Below threshold)
jhow66:

c. b. you are dumber than shit and smell like it also. Sig. doesn't have enough smarts to know that Libby will not be in the gen. population. Sounds like he has first "hand" experience though.
Can anyone spell MARK RICH? (you know the one that billyboy pardoned because he was humping his old lady) Naw, that don't count because he "did not have sex with that women" snicker snort.
New spelling for Democrats:
DEMOCRAT
H.Y.P.O.C.R.I.T.E.
DEMOCRAT

It matters greatly who was ... (Below threshold)

It matters greatly who was the FIRST leaker, because once the name was leaked to media, even if Plame was covered by the statute, the information is no longer secret. In fact, she could hardly have been covered, despite Fitz' claims (which he could not support in court, hence no charges regarding it), because it was no secret where she worked. She made no effort to conceal her workplace; her cover company was listed in Who's Who under the Joseph Wilson listing - some freakin' secret, eh? You think the Chinese intel guys are stupid?

But it is completely moronic to claim Fitz couldn't solve the case because of Libby's "obstruction." The OOJ charge against Libby was a technical one, based on the perjury counts constituting a "pattern of behavior." But the "lies" themselves had nothing to do with the question at hand - who FIRST outed Plame IF she was covert - because they both occurred AFTER Armitage already "outed" her to Woodward (in a matter of fact manner, because it wasn't any secret in DC circles).

Bush should commute Libby's prison sentence, but allow the fine to stand. There isn't a good reason to pardon him. A jury did find him guilty. But, let the punishment fit the crime.

Libby should do as much time as Bill Clinton did.

"Very clear lesson for ANYO... (Below threshold)
Rob LA Ca.:

"Very clear lesson for ANYONE and EVERYONE who is EVER questioned about ANYTHING by a prosecutor, simply and repeatedly say: "I do NOT recall"."


Just like Hilary Rotten Clinton did 254 times. this PIG and democrat criminals think this qualifies them a seat at the big show. Maybe an electric chair , they have earned multiple sittings for sure.

Fitzgerald is a model prose... (Below threshold)
DaveA:

Fitzgerald is a model prosecutor and a lot of individuals who did not get caught up in the net and indicted, most of whom are Republicans, probably appreciate it. He is universally considered a brilliant, even handed, non-political individual with his primary duty being to serve the law - not politics. He also did some fantastic work putting away some of the first world trade center bombers. Instead of expanding the broadening the investigation, Fitzgerald kept it narrow, maintained focus and did not engage in selective leaking during the course of the investigation or trial. Quite a contrast from the sort of antics we saw during some wildly open ended, although ultimately fruitless investigations say about 7-11 years ago...

Say what you will, the process was legitimate, justice was served in a most disciplined fashion and so Libby must now serve as well. Quit the whining and appreciate living in a country whos basis is the rule of law - even, or perhaps especially when you don't happen to like a particular decision.

Scooter Libby may have to s... (Below threshold)
MOS 13B:

Scooter Libby may have to sit in the can for 30 months and the wizzers are all a twiter.

Soldiers on the verge of coming home get extended by "Mr. 28%" for three more months and the wizzers do not gives a rats a__.

I served in Baghdad and would prefer to be going to where Scooter is going than back to Baghdad.

Shorter Kim: I... (Below threshold)
RedStayteColluge:

Shorter Kim:

If eye reeplasyed "Libbee" wif "Klinton" and "Fitzjerald" wif "Starr" everything wood bee teh kewl. I hope nohbodee notissess.

Boy, libs sure get off on w... (Below threshold)
Dirk:

Boy, libs sure get off on white guys getting anally raped. Must be why they are more compassionate than us. Imagine if a Republican ever said that about a black gang member.

Say what you will,... (Below threshold)
Rovin:
Say what you will, the process was legitimate, justice was served in a most disciplined fashion and so Libby must now serve as well.

Do you mean like the justice Vince Foster recieved Dave? Your vision of justice doesn't suit many who understand and respect the rule of law.


"I hope nohbodee notissess.... (Below threshold)
John F Not Kerry:

"I hope nohbodee notissess."

Posted by: RedStayteColluge

Public school education ain't what it used to be. Do you hope nobody notices your non sequitur? All we wanted was for Clinton to lose his job. We wouldn't have batted an eyelash if that was all that had happened to Libby. Oh yeah, I almost forgot about all the people Bill got to lie on his behalf.

Dave, you guys liked Ken St... (Below threshold)
Jo:

Dave, you guys liked Ken Starr till he started investigating your guy.

Save us the crap.

Contrary to what the cronic... (Below threshold)
Zelsdorf Ragshaft III:

Contrary to what the cronic liar uncivil behavior wrote, Armitage was the first who released the name, unless you count the Liar Joseph Wilson himself. Kim wrote about the cabal that had Schumer at the head which was about getting a member of the administration. I would love to see the e-mail from Chuck's office to the various members of DOJ who had something to do with this. I think what we may have is an unconstitutional attempt to bring down a President. It may be that Fitzgerald suborned perjury from Russert, after all he was allowed to reconsitute his notes. If Bush were an imperial leader, and not the legally elected President, he would have put all you Mother F ers up against a wall. The intellectual dishonesty of the left is amazing. No wonder they call you Godless communists. I look forward to the day of armed combat against you.

Don Georgio and his consigl... (Below threshold)
groucho:

Don Georgio and his consigliere, Big Dickie C, realized they needed to exact some retribution from an outsider who had information which could be damaging to the Family and its interests. So they have a sit down with all the captains and decide to pull the curtains back from his wife's undercover job. It's done but some nosy Fed keeps poking his nose around where it don't belong so they give up Irv the Scooter, circle the wagons, shrug their shoulders and it's done. Back to business as usual. Hey it ain't nothin' for a made guy to do time inside, makes a man outta him, ya know?

Clearly you're battling enemies of some sort already, Zelsdorf, but it looks like the dark side is gaining control.

g, why didn't they allow Ar... (Below threshold)
kim:

g, why didn't they allow Armitage the honor of 'made man'?
=====================================

We can all sleep a little b... (Below threshold)
Adrian Browne:

We can all sleep a little better knowing that Mr. Libby has been locked up and separated from decent society.

Thank you MSM for your tireless efforts concerning this cause -- keep up the good work!

MikeSC, Fitz not only did n... (Below threshold)
kim:

MikeSC, Fitz not only did not make the case that Plame was covert, he actively prevented the defense from establishing that she was not. Then he brings up her covertness in sentencing, again when Libby cannot challenge it. This boy is crooked.

HughS, look at your sentence where you say the sentencing judge has decided that the legal merit of Libby's appeal is without substance. You make it sound as if he has the last word. You do know that twelve eminent law professors have filed a friend of the court brief supporting the appealability of Libby's case, don't you. Also, Libby didn't lie, Russert did. And Mitchell could have established that Russert lied, and may get to yet.
====================================

AB, Libby is not locked up,... (Below threshold)
kim:

AB, Libby is not locked up, and you certainly may not sleep well at night when completely unsupervised rogue special prosecutors are loose in the land.
=======================

Second Groucho.Non... (Below threshold)