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post #1 of 27 (permalink) Old 06-14-2007, 12:47 PM Thread Starter
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Don't drop the soap

This will push Mr. Bush into a corner, fer sure:


Judge orders Libby jailed during appeal
POSTED: 1:49 p.m. EDT, June 14, 2007


WASHINGTON (CNN) -- A federal judge on Thursday ordered I. Lewis "Scooter" Libby to report to prison while his attorneys appeal his perjury and obstruction convictions.

Libby's attorneys asked that the order be stayed, but U.S. District Court Judge Reggie Walton denied that and told Vice President Dick Cheney's former chief of staff that he had 10 days to appeal the ruling.

Libby was sentenced to 2½ years in prison for lying and obstructing the investigation into who revealed in 2003 that Valerie Plame Wilson was a CIA operative. He also was fined $250,000.

At the beginning of Thursday morning's hearing, U.S. District Judge Reggie Walton told the court he had received "harassing" and "hateful" messages.

"In the interest of full disclosure, I have received a number of harassing, angry and mean-spirited phone calls and messages. Some wishing bad things on me and my family," the judge said. "Those types of things will have no impact."

"I initially threw them away, but then there were more, some that were more hateful," Walton said. "They are being kept."

Libby was found guilty of lying to investigators about what he told reporters about Valerie Plame Wilson, whose identity as a CIA operative was leaked to the media in 2003.

Plame Wilson's name became public when Robert Novak named her in his column on July 14, 2003. Her husband, former ambassador Joseph Wilson, had openly questioned the Bush administration's basis for invading Iraq.

Former Deputy Secretary of State Richard Armitage has admitted he disclosed the information to a reporter. Novak pointed to another "senior administration official" -- Bush political adviser Karl Rove -- as the second source for his column.

No one has been charged with leaking classified information in the case, but a jury found Libby guilty of trying to deceive investigators and a grand jury as to what went on.

He was the only person charged in the case, and was the first sitting White House official to be indicted in 130 years. Libby has maintained his innocence ever since he was indicted and resigned in October 2005.

After the June 5 sentencing, U.S. District Judge Reggie Walton said he was inclined to jail Libby after the defense laid out its proposed appeal, but the judge told attorneys he was open to changing his mind.

Defense lawyers plan to challenge the convictions based on Walton's having excluded a memory expert's testimony at trial. They also claim that the special counsel did not have proper authority.

Walton responded that without enough to successfully challenge the convictions, he is precluded from allowing a defendant to remain free. If he moves ahead to jail Libby, that decision itself can be appealed.

In the time since sentencing, a group of prominent legal scholars has filed a friend-of-the court brief, setting out why they believe Libby's appeal will have merit.

The amicus brief supports the position taken by Libby's defense team that prosecutor Patrick Fitzgerald, a U.S. attorney based in Chicago, Illinois, was not properly installed as special counsel to investigate what became known as the CIA leak case.

Citing the Appointments Clause of the U.S. Constitution, the legal scholars back Libby's defense claim that Fitzgerald was "too independent" and did not have a superior who could be held "politically accountable for his actions."

As such, they believe there is a close question for an Appeals Court to consider about the authority for Fitzgerald's work and therefore the Libby indictment.

The 12 scholars, including onetime Supreme Court nominee Robert Bork and Harvard Law School professor Alan Dershowitz, say their filing does not take a position on whether Libby should be jailed pending appeal, only that his appeal presents a close question to be considered.

Cheney has continued to express support and empathy for his former chief of staff, and it's possible Libby could still be granted a presidential pardon before the end of President Bush's term.

Recall that earlier generations faced down fascism and communism not just with missiles and tanks, but with sturdy alliances and enduring convictions. They understood that our power alone cannot protect us, nor does it entitle us to do as we please. Instead, they knew that our power grows through its prudent use; our security emanates from the justness of our cause, the force of our example, the tempering qualities of humility and restraint.

-President Barack Obama, 1st Inaugural address
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post #2 of 27 (permalink) Old 06-14-2007, 12:50 PM
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Let him cool his heels.

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post #3 of 27 (permalink) Old 06-14-2007, 01:08 PM
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That is funny. A possible pardon. Ha, ha, ha.
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post #4 of 27 (permalink) Old 06-14-2007, 01:25 PM Thread Starter
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This will get very interesting.

Recall that earlier generations faced down fascism and communism not just with missiles and tanks, but with sturdy alliances and enduring convictions. They understood that our power alone cannot protect us, nor does it entitle us to do as we please. Instead, they knew that our power grows through its prudent use; our security emanates from the justness of our cause, the force of our example, the tempering qualities of humility and restraint.

-President Barack Obama, 1st Inaugural address
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post #5 of 27 (permalink) Old 06-14-2007, 01:45 PM
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Having your posse do your dirty work and then pardoning them is tantamount to being above the law.

There should be legally defensible positions laid out before a pardon is granted.
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post #6 of 27 (permalink) Old 06-14-2007, 02:10 PM
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Quote:
Originally Posted by Shane
That is funny. A possible pardon. Ha, ha, ha.
Not particularly funny. This whole thing is stupid.

Let's start out with an appeal of the ruling to remand him and another "motion for release on bail/OR pending (endless!) appeal"
That's going to happen for sure. If they lose, they will keep on appealing andre-motioning all the way to the US Supreme Court.

And in the end, there is the Persidential Pardon.

Gerald Ford, and Bill Clinton pardoned their friends...there is lots of precedent. Of course it would happen, what would President have to lose by giving him a pardon? Do you think he has any reason to care what the public thinks???!!!

Furthermore, as was pointed out most Americans have the attention span of a gnat and lack long term memory with regard to these kinds of things, and the old "He's suffered enough" excuse will be trotted out soon enough.

He is well connected, President Bush is not going to throw him under the bus.

Jim
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"I swear to god, it's like I live in a trailer of common sense, and stare out the window at a tornado of stupidity." >'='<

Last edited by cascade; 06-14-2007 at 02:16 PM.
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post #7 of 27 (permalink) Old 06-14-2007, 02:41 PM
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Quote:
Originally Posted by cascade
Not particularly funny. This whole thing is stupid.

Let's start out with an appeal of the ruling to remand him and another "motion for release on bail/OR pending (endless!) appeal"
That's going to happen for sure. If they lose, they will keep on appealing andre-motioning all the way to the US Supreme Court.

And in the end, there is the Persidential Pardon.

Gerald Ford, and Bill Clinton pardoned their friends...there is lots of precedent. Of course it would happen, what would President have to lose by giving him a pardon? Do you think he has any reason to care what the public thinks???!!!

Furthermore, as was pointed out most Americans have the attention span of a gnat and lack long term memory with regard to these kinds of things, and the old "He's suffered enough" excuse will be trotted out soon enough.

He is well connected, President Bush is not going to throw him under the bus.
All those excuses were used at his trial, and they didn't wash. I would find it extremely amusing if Bush pardoned him. I wonder if there is precedent for a sitting president to pardon crimes done by members of his own administration. Ford pardoning Nixon doesn't count, as Nixon was wasn't part of the Ford administration, and the people Clinton pardoned weren't directly connected to his administration either. I think Bush pardoning Scooter would create a huge backlash.

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post #8 of 27 (permalink) Old 06-14-2007, 03:04 PM
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Quote:
Originally Posted by old300D
All those excuses were used at his trial, and they didn't wash. I would find it extremely amusing if Bush pardoned him. I wonder if there is precedent for a sitting president to pardon crimes done by members of his own administration. Ford pardoning Nixon doesn't count, as Nixon was wasn't part of the Ford administration, and the people Clinton pardoned weren't directly connected to his administration either. I think Bush pardoning Scooter would create a huge backlash.
No, no, no, by then no one will really care anymore. In fact, I bet if you polled
Americans today, RIGHT NOW 80% of them would have no idea who Scooter Libby is, and what he did.

You want to see a huge backlash, watch what happens if Paris Hilton got pardoned.

Jim
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post #9 of 27 (permalink) Old 06-14-2007, 04:39 PM
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Quote:
Originally Posted by cascade
No, no, no, by then no one will really care anymore. In fact, I bet if you polled
Americans today, RIGHT NOW 80% of them would have no idea who Scooter Libby is, and what he did.

You want to see a huge backlash, watch what happens if Paris Hilton got pardoned.
Lol, you're probably right.

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post #10 of 27 (permalink) Old 07-02-2007, 11:51 AM Thread Starter
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Court Won't Delay Libby Prison Sentence

MATT APUZZO | July 2, 2007 01:06 PM EST |


WASHINGTON — Former White House aide I. Lewis "Scooter" Libby cannot delay his 2 1/2-year prison term in the CIA leak case, a federal appeals court unanimously ruled Monday.

The decision is a dramatic setback for Libby, who likely will have to surrender to prison in weeks. The ruling puts pressure on President Bush, who has been sidestepping calls by Libby's allies to pardon the former chief of staff to Vice President Dick Cheney.

Libby was convicted in March of lying and obstructing the investigation into the 2003 leak of CIA operative Valerie Plame's identity. He is the highest-ranking White House official ordered to prison since the Iran-Contra affair.

Libby believed he had a good chance of overturning the conviction on appeal and asked the U.S. Court of Appeals for the District of Columbia Circuit to put the sentence on hold. In a two-sentence ruling, the court refused.

The U.S. Bureau of Prisons has not yet assigned Libby a prison or given him a date to surrender. But last week it designated him as federal inmate No. 28301-016.

Libby's attorneys did not immediately return messages seeking comment. Libby's supporters, who raised millions of dollars for his defense fund, immediately renewed a call for a pardon.

"I hope it puts pressure on the president. He's a man of pronounced loyalties and he should have loyalty to Scooter Libby," said former Ambassador Richard Carlson, a member of Libby's defense fund. "It would be a travesty for him to go off to prison. The president will take some heat for it. So what? He takes heat for everything."

The leak investigation was a political cloud over the Bush administration for years. Special Prosecutor Patrick Fitzgerald interviewed Bush and Cheney and ordered key White House aides to testify before a grand jury.

Nobody was charged with leaking Plame's identity but Libby was convicted of lying about his conversations with reporters regarding the outed operative. Fitzgerald says his investigation is complete.

Like Libby's trial judge, two of the three judges who ruled against him Monday were Republican nominees

Recall that earlier generations faced down fascism and communism not just with missiles and tanks, but with sturdy alliances and enduring convictions. They understood that our power alone cannot protect us, nor does it entitle us to do as we please. Instead, they knew that our power grows through its prudent use; our security emanates from the justness of our cause, the force of our example, the tempering qualities of humility and restraint.

-President Barack Obama, 1st Inaugural address
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