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Libby to be sentenced today.

Submitted by Pat on Tue, 06/05/2007 - 9:53am

UPDATE 2: The Smoking Gun has some of the letters written in support of Libby. I recommend reading all of them, but I've found the one from Paul Wolfowitz to be the most fascinating, with a few interesting tidbits tossed in that I had never heard of before... like the fact that Libby once helped Richard Armitage defend himself against libelous accusations made against him, while Libby was in private practice.

UPDATE: Well, that was fast. Right after I clicked "submit," I checked on Drudge and learned that Libby was sentenced to 30 months. Guess the judge liked Fitzgerald's analysis better than the probation office's. Well, I still think Libby has a chance on appeal.

Scooter Libby will be sentenced today, likely to somewhere between 15 to 37 months in a federal prison. The probation office has recommended 15 to 21 months. Special Prosecutor Patrick Fitzgerald has asked for a much steeper sentence, 30 to 37 months. Libby's lawyers are asking for probation. Just to keep things interesting, I'll go on record predicting an 18 month sentence, right in the middle of the recommendation from the probation office.

You'll want to be sure and follow Just One Minute for the Libby sentencing. Tom Maguire has been the go-to blogger on this case from the beginning, and has looked very closely at all the relevant sentencing documents, as I noted recently here.

I haven't covered the Libby case extensively, but I have touched on it once or twice. I do recommend my post Armitage, Novak, Plame, Wilson, and the Never-Ending Questions, which tries to get to the bottom of the Armitage aspect of the mystery, why he leaked and why he didn't tell anybody about it for so long. I had fun skewering the New York Times' coverage of the case with NY Times, Tweedledum or Tweedledee? I also had straight-forward coverage of Libby's conviction in Libby Guilty on 4 of 5 charges.

One of the bigger questions,

One of the bigger questions, likely one that will be brought up in the debate tonight will be 'Pardon or not?' The right thing to do is to pardon because this was a miscarriage. It is a lose lose, though. Pardon Libby and the left has a field day with FUD. Plus, Libby never gets a chance to really clear his name in court.

With that said, if he spends any time in jail, it is a travesty. However, it could end up being a major negative in the Presidential race. Sometimes doing the right thing hurts. I only hope he can appeal without serving jail time, I think that would be best right now.

Bail pending appeal...

The judge said today he is inclined not to allow bail pending appeal, but will hear arguments on the issue this Thursday. If Libby does stay out on bail during the appeal, then odds are he will not have to go to jail until much closer to the election, or even after it (anybody know the current appellate delays in that circuit?). Then President Bush could give him a post-election pardon without him having to spend anytime in jail at all.

Though I'm still inclined to believe that he may win on appeal, anyway. I think the judge's refusal to allow the defense to argue memory lapse due to heavy work schedule, simply because Libby declined to take the stand, was very questionable. And the comments by one of the jurors afterwards were just scary, suggesting strongly that this was a political conviction.

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