Libby Off To Jail

Anyone who has followed the Libby trial cannot be surprised by the Judge’s ruling today.  Judge Walton has been anything but unbiased and I fully expected him to deny Libby’s motion to be allowed free pending appeal. 

A federal judge ordered Vice President Cheney’s former chief of staff to surrender in six to eight weeks to begin serving his 30-month prison term, increasing the pressure for President Bush to decide soon whether he will pardon the only administration official prosecuted in a White House leak investigation.

U.S. District Judge Reggie B. Walton said both the law and his own sense of fairness required that he reject I. Lewis "Scooter" Libby’s request to remain free while appealing his conviction for perjury and obstruction of the leak investigation, an approach that could have deferred the pardon question for years.

Walton said his decision was based on what he considers to be the slight chance Libby will succeed in having his conviction overturned, and his belief that the court cannot have one set of standards for well-connected, white-collar criminals and another for the remaining criminals also about to lose their freedom.

"Clearly, under the statute, I’m required to detain him," Walton said before delivering his decision. "And I just think blue-collar criminals are entitled to the same kind of justice as white-collar criminals."

Libby remained stoic as Walton announced his decision, while Libby’s wife, Harriet Grant, wiped away tears. Two of his attorneys, who had seemed resigned to getting bad news throughout the two-hour hearing, shook their heads ruefully. They later vowed to file an emergency appeal to seek a delay in Libby’s reporting to prison.

JustOneMinute put up an interesting transcript of these proceedings:

Robbins (for Libby): …The question here is whether these are close questions. I don’t think it can be debated that these are close, and I think we’ll win.

When someone does not have to report to anyone, does not have to follow DOJ procedures, sometimes things go wrong. Under section 6c2 under ______ the AG is allowed to object to disclosure of classified information, if disclosure would damage national security. Fitzgerald did submit such a report because he assumed plenary authority.

Walton: but the CIPA issues did not arise until later when Libby asked for material.

Robbins: But this is an example of how things go wrong when authority is too broadly delegated. [Reads the language of the act, congressional statute]. Authority to AG, DAG, AAG. These are the ones who can make these disclosures, and no one else.

Walton: Be that as it may, your client through his counsel did not submit his request to Mr. Fitzgerald, their CIPA request, not to others. This issue was not raised at the time. Was this issue waived?

Robbins: My understanding is this document was declassified and made public after the case. I was not part of the history of this case. But Lawrence Walsh was denied this authority in the past.

Walton: I think your co-counsel did not address this.

Jeffress: This affidavit was submitted in camera. It has recently under seal, and we obtained it pursuant to your ruling, we received it in May.

Walton: Your time is up.

So if I’m reading this correctly Fitzgerald signed an affidavit for which he had no authority to sign.  When the Judge asked the defense team why they didn’t bring it up sooner they answered that the documents had not been unsealed until it was too late.  This whole thing goes to the Libby’s team main appeal that Fitz was improperly appointed since the appointment made him a principal officer, which would have to go through the Senate since he answers to no one.

Either way the Libby team was prepared for this development and I’m sure they have the appeal already filled out.

This joke of a trial is not over yet.

Curt

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