Libby To Be Sentenced Today
Scooter Libby goes back to court today for sentencing in his perjury and obstruction conviction.
Special Prosecutor Patrick Fitzgerald wants to put Libby in prison for up to three years because the investigation he obstructed — the leak of a CIA operative’s identity — was so serious. Libby’s attorneys are seeking no jail time and argue that it’s unfair to increase the sentence simply because the investigation was serious.
“No one was ever charged. Nobody ever pleaded guilty,” attorney William Jeffress said. “The government did not establish the existence of an offense.”
Well, maybe the government didn’t establish the existence of an offense because its investigation was so effectively obstructed. The judge isn’t buying the Libby attorneys’ arguments.
U.S. District Judge Reggie B. Walton was skeptical. By that reasoning, Walton said, witnesses benefit if they aggressively obstruct investigations so prosecutors can’t make their case.
Libby hasn’t spoken since his conviction, and he’s in a tough position today. He’s maintained his innocence all along, and his attorneys are working on his appeal. OTOH, a judge being asked for leniency usually expects some expression of remorse, which Libby can’t give without admitting at least some level of wrongdoing.
If Judge Walton does give Libby a prison sentence, he also gets to decide whether Libby begins serving it immediately or remains free pending appeal. The big question? If the judge sends Libby to the pokey, how long will it take W to give him a pardon?