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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)

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)

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)

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)

Nelson from the Simpsons would offer this advice to Scooter:


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


Here's the problem for the President.


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)


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.


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)

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)

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)

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)

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)

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)

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)

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.

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)

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:

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)

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)

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)

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)
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)

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)

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)

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)

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)

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)
civil behavior:

Second Groucho.

None of the 30% deadenders realize they live in the Mafia neighborhood.

Kind of funny if it wasn't so pathetic.

What a pathetic post, cb.<b... (Below threshold)

What a pathetic post, cb.

Walton: Your objection abo... (Below threshold)

Walton: Your objection about Fitz mishandling classified material is too late, you should have objected earlier.

Libby's appeal lawyer: You didn't let us see his work until it was too late.

Walton: Your time is up.

Heh, heh. Walton's time is up. And Fitz's soon, too.

''Mr. Libby's story that he... (Below threshold)
civil behavior:

''Mr. Libby's story that he was at the tail end of a chain of phone calls, passing on from one reporter what he heard from another, was not true. It was false.''

-- Patrick Fitzgerald, special prosecutor, in a statement

Valerie Plame was a "covert agent" as defined by the law. In her cover position as a consultant to Brewster-Jennings, Ms. Plame served overseas on clandestine missions. Just because she did not live overseas full time does not mean she did not work overseas using her status as a NOC. non-official cover officer. By bringing this case to the Justice Department the CIA said that in their opinion Valerie Plame was a covert agent and since they are the agency responsible for assigning that status it's ridiculous to argue this any further.

Fitzgerald said that by lying and obstructing the investigation, Libby made it impossible for him to determine definitively whether or not Libby (and probably others) were implicated in the crime. Armitage's outing was accidental, he didn't know Plame was covert. Cheney and his "yes man" Libby intentionally went after Plame to discredit their critics, and they knew she was covert.

You don't have the referral... (Below threshold)

You don't have the referral from the CIA to Justice, so you are speculating. It is an important point you are trying to make, but you are making up what you say.

You have detailed Fitz's theory of the case. Had he had supervision, he would have seen the error of his ways, and packed in his investigation, because in fact, the Gang that Couldn't Shoot Joe Wilson Straight was the last to know that the low level CIA person who sent Joe Wilson to Africa was the lying ambassador's wife. There was no conspiracy to out Plame from the White House. That was a fable made up by David Corn and Joe Wilson, and Fitz believed it.

Fitz is excellent at rolling up criminal conspiracies. However, when he suspects a criminal conspiracy where there is none, he has no problem shredding the Constitution in order to satisfy his fantasies. That is what has happened in this case, which wouldn't have happened had he been supervised.

I don't have to make this case. The march of events is going to convince you.

Y'all don't know it, but th... (Below threshold)

Y'all don't know it, but the blogosphere supervised Fitz. It's all over in the Just One Minute archives..

Why don't you have the refe... (Below threshold)

Why don't you have the referral from the CIA to Justice, cb? You are right, that is a critical piece of information. Want to guess?

Fitzgerald has said it is much too secret to reveal.

Are you getting a feel for this Star Chamber, yet?

Also, cb, do you have the W... (Below threshold)

Also, cb, do you have the Woodward quote from Armitage? He said the asshole Wilson was spreading his wife's name all over town. You are right that Armitage didn't know she was covert; she wasn't.

Justrand, you are absolutel... (Below threshold)

Justrand, you are absolutely correct. What this teaches future administrations is to "not recall" anything. So, in effect, every potential investigation in the future will be stymied because of this. Congress will then call the witnesses, they will refuse on the fifth, then be granted immunity and then testify.

I have taken the time to research Kim's statements about the issues of this case. I have come to the conclusion that she is right on with her conclusions. I defer to her judgement.

And for the 26% approval rating of the democratic leadership in Congress, you libs must be so proud to have a lower rating then GW. ww

WildWillie, I'm just livebl... (Below threshold)

WildWillie, I'm just liveblogging the conversation at JustOneMinute. I liveblogged livebloggers at the trial. Archives at Maine Web Report, in case you are interesed.

Nice niche; liveblogging livebloggers.

William Kristol is OUT TO L... (Below threshold)

William Kristol is OUT TO LUNCH. A pardon is the last thing Libby wants, and the last thing Bush should do. They both want vindication, Libby from the curious pursuit of Fitzgerald, and Bush for the run-up to the war. I say again, they are playing this for dramatic effect, and the exposition of the rule of law, as you will see in Libby's appeal, is the drama. That our system can still correct an evil as huge as Fitzgerald is high drama, indeed. The height is being supplied by the dissonance between the public perception of this case, and the facts.

But what can the system do ... (Below threshold)

But what can the system do about Andy McCarthy?

Nothing. It doesn't have t... (Below threshold)

Nothing. It doesn't have to. People like McCarthy destroy their own credibility.

Andy McCarthy is still defe... (Below threshold)

Andy McCarthy is still defending Fitz.

Look, it can be shown that Fitz's investigation deliberately avoided investigating potentially exculpatory evidence. Fitz has to be seriously corrupt in order to do that.

Kim, don't forget that a jo... (Below threshold)

Kim, don't forget that a journalist was on the jury who knew Russert. Sloppy lawyering there. ww

I think the defense was out... (Below threshold)

I think the defense was out of automatic juror rejections. I think they knew he was trouble, but, as was common in this case, helpless. Also, this was an 11-0 verdict. They pushed out the skeptic, who, I believe, may have hung the jury. She is an art curator, and possibly looked behind the veneer.

Particularly since they ous... (Below threshold)

Particularly since they ousted her for a just cause, she had pierced the veil, purportedly by dipping into the blogosphere. I'd like to hear her story, but I have little idea what it is. I heart her, though.

Also, I believe, with littl... (Below threshold)

Also, I believe, with little knowledge of the law, that the former WaPo reporter wasn't quite as forthcoming as the law requires in his disclosures to the court while he was being selected for the jury.

"Do you mean like the ju... (Below threshold)
putting food on your family:

"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." Rovin

Oh, so the Clintons escaped your Republican justice viz-a-viz Vince Foster?

Would you care to provide the evidence for your ridiculous asshole claim?

Your comment goes to show what people like you think of the rule of law: The LAW BE DAMNED

Scooter Libby should be sho... (Below threshold)
ed pefferman:

Scooter Libby should be shot as a traitor, not jailed as a liar.

His boss, ElDuce should be shot and hung from a lamp post

ed peffer(not a man) your s... (Below threshold)

ed peffer(not a man) your socks stink.

kim, rather than all your s... (Below threshold)
putting food on your family:

kim, rather than all your silly bitching & moaning, not to mention blathering about law, why don't you make sure that Widdle Scoots has an ample Big House supply of "Soap on a Rope" and a backup (no pun intended) tube of KY Jelly in case his rope breaks and he has to bend over to pick it up?

Notice: those posting on th... (Below threshold)

Notice: those posting on this thread who want Lewis Libby to do hard time make use of invective and hopes for his abuse.
Those wishing to question the legitimacy of the appointment of Fitzgerald, and what boundaries (if any) he was bound by, and what it was he was appointed to investigate, are met with insults and scorn (but not reasoned argument).
If the woman who WROTE the statute on what it meant to be covert says that Plame was not covert, who are we to believe? The Judge did not even know (or said he did not know) what her status was.
Now: refusing to allow Mr Libby to not begin his sentence until the appeals are heard: is he a flight risk? Do we run the chance that he will commit perjury before another Grand Jury? What, exactly, is the imminent danger he threatens to society if he is not jailed? Is he more dangerous that Marion Barry? Well, no. Is he more dangerous than Paris Hilton? Well, not that either.
What risk does he pose to himself or others, that he must be incarcerated now?

"Those wishing to questi... (Below threshold)
putting food on your family:

"Those wishing to question the legitimacy of the appointment of Fitzgerald, ...are met with insults and scorn (but not reasoned argument)." Mathman

No mathman, just those who espouse a total disdain for the rule of law as they endlessly repeat TP's designed to excuse lawlessness. As such, reasoned argument in response to people who continue to procalim that the Moon is made of green cheese is futile.

How do you put the food you... (Below threshold)

How do you put the food you touch into your mouth?

KimHughS, lo... (Below threshold)


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.

I hope you are right. The poorly made point in my post reflected my resignation on this issue.

I'm disappointed that Libby even found himself in this situation because I've seen this happen so many times in my career: a very bright and successful person (who happens to be a good guy: see Matalin's letter to Walton) involves himself in a dispute that becomes a criminal prosecution. Everything this good person did prior to the introduction of the prosecutor is then scrutinized in a different manner.

My disappointment with Scooter is that he was indicted when he clearly knew how to avoid this, and he could have done so and kept his integrity.

Any good lawyer knows that prosecutors have tremendous power and wide authority. That's why their conviction rate is over 95%. Special Counsels have even more latitude. Given that type of adversary, job one is to not get indicted. That Libby did get indicted just defeats me because he could have avoided it.

Now he is left with very limited options and a very predictable outcome (btw, I'm not an atty, but I work with them every day).

Bottom line:Libby ... (Below threshold)

Bottom line:

Libby had access to some of the best legal talent imaginable. He was then convicted by a jury of his peers. And now he's going to jail to serve his sentence.

And this is a good thing - because people who are found guilty of crimes should go to jail for them.

Hugh S, I have been stunned... (Below threshold)

Hugh S, I have been stunned nearly daily for the last three years to watch this runaway train of a prosecution head for the flimsy bridge. It was only last week when the twelve professors filed their amici brief that I began to hold out hope that justice will be done in this case. Now, though, I'm convinced it will be done. That number twelve was purposely picked, I believe, to symbolize a jury of peers. They will pursue this case to the end of the earth, particularly since Walton has exited with curses for them foaming from his mouth. Every week of the investigation, and every day of the trial saw the train gathering speed, absolutely unimpeded by law. Fitz was unsupervised, Walton biased, and too cynical to render justice for Libby, and here, at the appeal stage, is where outsiders, besides the JustOneMinute horde, can examine what Fitzgerald has done. So keep the faith, HS; Libby is going free as a bird.

jim, keep wishin' and hopin' and dreamin' and believin' it is true.

KimFitz was un... (Below threshold)

Fitz was unsupervised

I won't argue that, and therein lies the problem with the Office of Special Counsel.

Today we saw a rogue DA (Nifong) in a small town get his ass handed to him. I wish it were so with a DC Fed Court and Special Counsel.

Unfortunately, this Judge, as foaming and angry as he may be, has pushed his whole stake into the pot and said "overturn me".

I'll keep the faith, because I like Libby and (God forbid!!!) Cheney even more. I just don't like the odds.

Bet large.======... (Below threshold)

Bet large.

Now that I've uncovered the... (Below threshold)
(not) kim:

Now that I've uncovered the Fitz-Schumer DoJ conspiracy, I want to br4ing attention to the Schumer control of DoD and the conspiracy to drive Peter Pace form the JCS,

That's a sock-puppet, right... (Below threshold)

That's a sock-puppet, right there.

Libby obstructed justice. T... (Below threshold)

Libby obstructed justice. That's against the law. That's really all there is to it. No amount of complaining, comparison and persecution of other day players in this situation means squat. It doesn't change the fact that this asshole put himself and his people above the country.

And anyone who defends him has no credibility (even if you think otherwise) and will always lose this kind of argument.

"It doesn't change the fac... (Below threshold)
Rob LA Ca.:

"It doesn't change the fact that this asshole BJ CLINTON) put himself and his people above the country.

And anyone who defends him has no credibility (even if you think otherwise) and will always lose this kind of argument."


No, h2, Fitz obstructed jus... (Below threshold)

No, h2, Fitz obstructed justice. It can be shown that he investigated in a manner which deliberately avoided exposing exculpatory evidence. He's really no better than Nifong.

kimI used to quest... (Below threshold)


I used to question how you had the continuing audacity to make blanket statements about this case, while refusing to respond to the many substantive rebuttals that make you look like an idiot.

But having researched your track record on this case, I've come to realize that you seem to have an insight the rest of us lack. So when you make statements like "Libby is going free as a bird" or "Walton's time is up. And Fitz's soon, too," I know that it must be true.

After all, it's not like you were completely off base when you said on March 5 "I expect acquittal on all counts, because this jury is demonstrating fealty to reason" or followed that up on March 6 with "I predict 11-0 for acquittal unless there remain unreasonable jurors." Gosh, how do you do it?

Oh, I forgot, you know more about the case than anyone else.

Let's just hope Scooter doesn't read your predictions that his case will be overturned on appeal. He'll probably commit suicide right there.

Excellent research, Chris. ... (Below threshold)

Excellent research, Chris. I misunderestimated the degree with which this jury was subverted. Can you square their comments after the trial with what their task was supposed to be? They bought, uncritically, Fitz's flim-flam. And I suspect they ran off the only juror who was going to be skeptical about the performance. Her story is going to be very interesting.

By the way, Maine Web Report archives has me liveblogging livebloggers at the trial. Thanks for the big boost, ChrisO.

And the jury missed that Ec... (Below threshold)

And the jury missed that Eckenrode's reconstructed notes suggest that Russert wasn't sure at his initial interview that Plame's name had not come up, but they depended on his blanket statement at the trial much later that it would have been impossible for her name to come up. Perhaps a memory expert could explain how memory improves in such a fashion.

jim, keep wishin' and ho... (Below threshold)

jim, keep wishin' and hopin' and dreamin' and believin' it is true.

Uh, ok.

Let's see - it seems he was convicted, found guilty, and lost his right to stay free while appealing the sentence.

Now if Bush wants to disregard all concept of the rule of law and pardon Libby, then Libby will probably go free. Otherwise, all the evidence shows that sucker's going straight to jail. Couldn't happen to a nicer convicted perjurer in a case of national security.

It can be shown that he ... (Below threshold)

It can be shown that he investigated in a manner which deliberately avoided exposing exculpatory evidence.

It can be shown that UFO's beam messages into the brains of people who don't wear this special hat, on sale now.

He will get an emergency ap... (Below threshold)

He will get an emergency appeal allowing bond during appeal before he's processed into jail, or else respite from Bush.

Why didn't Fitz know that Armitage had talked to Woodward? Who else did Armitage talk to that neither Fitz nor we know about? Aren't you even curious? What if it were Mitchell? Or Russert? Huh?

You're a pretty good straig... (Below threshold)

You're a pretty good straight man, jim; better men than you have learned to trust my naked allegations. And lesser ones, like ChrisO, haven't learned.

Richard Cohen has a nice ed... (Below threshold)

Richard Cohen has a nice editorial in the WaPo, and Pearlstine apparently has a marvelous book, Off the Record, coming out on the affair.






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