Get thee to prison! Judge throws the book at Libby

Here’s how I began my 7 March 2007 commentary on the conviction of VP Dick Cheney’s former chief of staff (and de facto fall guy), I. Lewis “Scooter” Libby:

Most Washingtonians seemed genuinely shocked yesterday when word broke that – after 10 days of deliberations – a jury had convicted Scooter Libby on four counts of perjury and obstruction of justice. Of course, their shock stemmed from the fact that few people expected anyone to be indicted, let alone convicted, in this federal case that was made out of relatively inconsequential questions about who leaked CIA employee Valerie Plame’s name to reporters in 2003.

Imagine the shock therefore that reverberated throughout Washington yesterday when word broke that – holding true to his reputation for handing down maximum time – Judge Reggie B. Walton had sentenced Libby to a relatively draconian 2 ½ years in prison plus a $250,000 fine. Yet deservedly so; indeed, here, in part, is how the judge reasoned his decision:

Of course, Libby’s lawyers did not evoke much sympathy with their circular and, ultimately, incriminating pleas for leniency. After all, it was ass backwards for them to argue that he should not do any time for his crime because federal prosecutors never convicted anyone of actually leaking classified information. In fact, they maintain (and intend to argue on appeal) that – because Plame was not a “covered CIA agent” – outing her would not have constituted a crime anyway. Moreover, that Libby’s indictment was the result of a political witch hunt, which itself constituted an abuse of prosecutorial powers.

However, special prosecutor Patrick Fitzgerald countered – with righteous and justified indignation – that, but for Libby’s obstruction, prosecutors might well have indicted others (like Bush’s architect Karl Rove or even VP Dick Cheney) for perpetrating the alleged leaks.

Evidently, instead of throwing himself on the mercy of the court, Libby, an accomplished lawyer, gambled that the more effective way to ensure leniency would be to challenge the judge to nullify the jury’s verdict by sentencing him to probation, which would have amounted to a mere slap on the wrist. And, alas, he lost.

Meanwhile, the irony is not lost on me that Libby’s plea for probation was probably undermined by the many letters – from who’s who in Washington, including Henry Kissinger – that his lawyers presented to Judge Walton attesting to Libby’s good character, extolling his public service and entreating the judge to grant him leniency. Because this judge – who is as much a member of the “Good Ole Boys’ Club” that rules most of Washington as I am a member of the Ku Klux Klan – seemed more insulted than impressed by their efforts to influence him.

Now – to avoid spending any time behind bars – Libby must pray that President Bush pardons him before he has to report to prison, which the judge will probably order him to do before the end of summer. But even though the right-wing of the Republican Party (probably led by VP Cheney from an undisclosed location) will lobby him heavily to do so, it would not be prudent for Bush to pardon him at this juncture. Because this would surely destroy any prospect of retaining or winning bi-partisan support for the legislative agenda (think immigration reform) that he hopes will seal his legacy.

And, after their defiant full-court press for leniency yesterday, which was highlighted by Libby’s refusal to express any remorse whatsoever, Libby’s lawyers effectively ensured that Judge Walton will not rule favorably on their petition to allow him to roam free pending years of appeal.

Accordingly, Libby will have to serve at least a half of his sentence before Bush even thinks of pardoning him on his way out of the White House in January 2009. And even that last hope might be dashed if Rove advises Bush that pardoning Libby would jeopardize what little hope he may be clinging to at that time of securing a worthwhile presidential legacy.

Notwithstanding all of the legal and political arguments, however, no one could have uttered a more solemn and fitting epitaph on Libby’s career than the one his lead attorney, Theodore Wells, lamented yesterday: