Libby's motion to remain free denied; will be in prison pending appeals (including court transcript)

[JohnLocke]

Source: AP, et al.

Judge Won't Delay Libby Prison Term
By Matt Apuzzo--Associated Press
Thursday, June 14, 2007 (1:42 PM)
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WASHINGTON -- A federal judge said Thursday he will not delay a 2 1/2-year prison sentence for I. Lewis "Scooter" Libby in the CIA leak case, a ruling that could send the former White House aide to prison within weeks.

U.S. District Judge Reggie B. Walton's decision will send Libby's attorneys rushing to an appeals court to block the sentence and could force President Bush to consider calls from Libby's supporters to pardon the former aide.

No date was set for Libby to report to prison but it's expected to be within six to eight weeks. That will be left up to the U.S. Bureau of Prisons, which will also select a facility.

"Unless the Court of Appeals overturns my ruling, he will have to report," Walton said.

Libby, the former chief of staff to Vice President Dick Cheney, was convicted in March of lying to investigators and obstructing Special Prosecutor Patrick Fitzgerald's inquiry into the 2003 leak of a CIA operative's identity.

Walton never appeared to waiver from his opinion that a delay was unwarranted. After 12 prominent law professors filed documents supporting Libby's request, the judge waived it off as "not something I would expect from a first-year in law school."

He also said he received several "angry, harassing, mean-spirited" letters and phone calls following his sentencing but said they wouldn't factor into his decision.

Libby argued he had a good chance of persuading an appeals court that, when Attorney General John Ashcroft and other senior Justice Department officials recused themselves from the leak investigation, they gave Fitzgerald unconstitutional and unchecked authority.

Walton was skeptical, saying the alternative was to put someone with White House ties in charge of an investigation into the highest levels of the Bush administration.

"If that's going to be how we have to operate, our system is going to be in serious trouble with the average Joe on the street who thinks the system is unfair already," Walton said.

Libby's newly formed appellate team--Lawrence S. Robbins and Mark Stancil--will seek an emergency order delaying the sentence.
(...)
Read the rest here.
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"Scooter" Libby Must Go to Prison During Appeal, Judge Rules
By Robert Schmidt and Nadine Elsibai--Bloomberg
Thursday, June 14, 2007
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Lewis ``Scooter'' Libby, an ex-aide to Vice President Dick Cheney, must go to prison while appealing his conviction for obstructing a CIA leak probe, a judge ruled.

Libby, 56, must report to prison, said U.S. District Judge Reggie Walton in Washington. The judge's refusal to grant Libby's request for release during his appeal is sure to increase calls from his supporters for a pardon from President George W. Bush.

Libby was sentenced to 2 1/2 years in prison by Walton last week following his March 6 conviction of lying to investigators probing the 2003 leak of Central Intelligence Agency official Valerie Plame's identity. His lawyers and Prosecutor Patrick Fitzgerald argued today over whether legal issues Libby plans to raise on appeal entitle him to remain free.

http://www.bloomberg.com/apps/news?pid=20601087&sid=aNTIG7D4RgVc&refer=home
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Via the excellent blog FireDogLake:

1:21 p.m.
Walton: As a prelude to my ruling, the fact that I’ve written lengthy decisions does not suggest I think an issue is close. We are expected to give significant consideration to what we do. My effort is to try to get it right, so this is why I tke my time so length does not suggest I believe something is a close issue.

This issue today is a significant issue. No matter what I do, an appellate court could see things differently. That’s our system. I don’t buy the proposition that somehow Edmond altered Morrison on how appointment clause issue should be addressed. Two of four factors in play in Morrison were not in play in Edmonds and so other scrutiny and review was required based on the fact situation.

Edmonds says inferior officers are directed and supervised at some level, and the author here was Scalia who authored dissent in Morrison. Scalia says if Morrison were removable at will then she is inferior. Here there is no question that Fitzgerald was removable at will by AG or DAG despite authority he was given. So based on Scalia, if we have the situation we have here, removable, Scalia I assume would have concluded inferior official and therefore he would have been part of majority in Morrison case.

That being the case, I will apply the four Morrison factors to this case. Subject to removal? Yes, even more than was Morrison. Second: were his duties limited? Was there a imitation on jurisdiction? Defense suggests the use of the term “related” makes for unlimited. But government points out Morrison case was to specific individual. But Fitz could only investigate and eventually prosecute related to leak, so this is a limitation on jurisdiction. Re limitation on tenure, while there was no specific date, there is a limit because once the investigation is done then his tenure expires.

So, these four factors are met and any differences are not large enough to be of note. This case seems further from a violation of the appointments clause than Morrison was. This is not a close issue in my view. I’ve already indicated my view on the other issues, and it is my view those are not close issues.

He is not a flight risk or danger to the community, but I don’t see the issues raised as close, so I deny his request to be released pending appeal. I will allow him to self report, but unless I am overruled, he will have to report.

I will rule on the obstruction charge sentence to 30 months, to perjury 24 months, to false statements 6 months, all to run concurrently.

Robbins: Ask for a stay the surrender pending filing motion.

Walton: Denied. Mr. Libby, you have right to appeal .

1:34 p.m.
Court dismissed.

Okay, so now the process goes to Bureau of Prisons, which will likely take six to eight weeks to process the matter and require Libby to report so he can begin serving his sentence.

1:43 p.m.
No press conferences. Both Fitz and Libby are gone. Libby exited the court room escorted by marshalls through the door the judge uses to enter from chambers. That’s a wrap, but I’ll have an audio summary of the day later on.
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MSNBC -- "slam dunk for prosecuters"

Read more: http://www.time.com/time/nation/article/0,8599,1632996,00.html

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:woohoo::woohoo::woohoo:


I. Lewis "Scooter" Libby, former Chief of Staff to the Vice President Dick Cheney and perjurer


Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois, Special Counsel in Plame affair


Judge Reggie B. Walton, United States District Judge for the District of Columbia.