Judge Walton's ruling ....

[H2O Man]

Judge Walton filed a 10-page Memorandum Opinion today, which orders Scooter to start his sentence of "supervised release" immediately. The document has a few interesting sections, none more so than the conservative judge's obvious contempt for President Bush's commutation of the sentence.

From footnote #1: " In commuting the defendant's thirty-month sentence of incarceration, the President stated that the sentence imposed by this court was 'excessive'.... Although it is certainly the President's prerogative to justify the exercise of his constitutional commutation power in whatever manner he chooses (or even to decline to provide a reason for his actions altogether), the Court notes that the term of incarceration imposed in this case was determined after a careful consideration of each of the requisite factors ...(and) it is fair to say that the Court is somewhat perplexed as to how its sentence could accurately be characterized as 'excessive'." (pages 1-2)

Judge Walton notes on page 8 that "the President has effectively rewritten the statutory scheme on an ad hoc basis to make the punishment created by Congress applicable to a situation that Congress clearly did not intent." Thanks, George.

On pages 9-10, Judge Walton orders Scooter to "report to the Probation Office with all requisite haste," and adds in footnote #9: "Should the defendant fail to comply with any condition of his supervised release ... the term of supervision may be revoked and the defendant may be required 'to serve in prison all or part of the term of the supervised release authorized by statute ...' ..."

He ends by saying he considers Libby's "acquiescence to the President's preservation of his supervised release status as a waiver of any challanges to the legitimacy of that portion of his sentence remaining in effect despite the commutation of his sentence of incarceration."

I do not think Judge Walton is pleased by President Bush's obstruction of justice.

[mohinoaklawnillinois]

1. Probably a dumb question, but what does "supervised release" mean?

For example, will I. Liar Libby be allowed to leave the US?

Also, I agree with you wholeheartedly. Judge Walton is not a happy camper...

[barbtries]

5. my guess, and i'm no lawyer,

is pretty much nothing. i hope at least if he was a lawyer himself he has been or is being disbarred.

[Me.]

9. As A Convicted Criminal

Disbarment is in order, however, if a pardon follows he will still be able to practice law.

[barbtries]

17. that is disgusting

Valerie Plame lost her career, entirely, and who knows how many unnamed others?

[joeunderdog]

57. Probation. n/t

[catmandu57]

7. Supervised to me anyway

means he reports to the division of probation and parole and is assigned an officer that he must report to.

[robinlynne]

10. yes, it means probation.

[H2O Man]

14. Footnote 2:

"As discussed further below, a sentence of supervised release is related to, but wholly distinct from, a sentence of probation. .... supervised release 'is more akin to imprisonment than (is) probation' ..." (page 2)

[cassiepriam]

60. Hope the prob officer is bribe proof.

[alcibiades_mystery]

25. It's probation

His probation officer will set up a number of rules that he must abide by, and - of course - all normal laws will remain in place. He will have to make periodic trips to the probation officer, during which visits his compliance with the terms of the probation will be monitored, discussed, and perhaps amended. If he violates any of the rules or - of course - any laws, he will be before Judge Walton again in violation of the terms, and will face another sentencing.

[PurpleChez]

72. "all normal laws will remain in place"

but since Scootie is a republicon no normal laws apply here. If he doesn't comply no one is likely to do anything substantial about it.

[Hepburn]

30. Supervised release = probation

Basically, that is a fancy term for it.

[badgerpup]

43. Hmmm...not a lawyer...

...don't play one on TV, and didn't stay at a Best Western last night either...:silly:
BUT:
doesn't violating terms of one's probation usually end up with "Go to Jail. Go directly to Jail. Do not pass Go. Do not collect $200."?

One...foot...outta...line....

just ONE...oh please, oh please...:evilgrin:

[PurpleChez]

51. Silly liberal! Laws are for lefties!

Scroter is a Rethuglican, so he can do what he wants!

[cassiepriam]

59. Yes jail time for regular people who violate probation. Who knows with Libby?

[spanone]

44. He has to carry his blackberry with him at all times.

:sarcasm:

Thanks H20Man. I only hope that scooter in all his cockiness Scooter somehow violates his supervised release.

[pepperbear]

55. sounds like a fancy way of saying "probation"....I just don't see....

scooter having to bring a pay stub to his parole officer every week.

[dragonlady]

74. Text of the order on Libby's supervised release

Here (from a diary on Kos) is a copy of the conditions on Libby's release:

Libby’s terms of supervised release were set and announced by the Judge on the day he was sentenced. The Order is here (pdf). In addition to the general terms applicable to everyone, the Judge added two special conditions:

He shall maintain full-time employment, the circumstances of which shall be in the discretion of the Probation Department, subject to the court’s review.
He shall perform 400 hours of community service, "as approved and directed by the Probation Department."
The standard conditions Libby will have to abide by include these (again, the full list is here (pdf):

the defendant shall not leave the judicial district without the permission of the court or probation officer;
the defendant shall report to the probation officer and shall submit a truthful and complete written report within the first five days of each month;
the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;
the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician;
the defendant shall not associate with any persons engaged in criminal activity and shall not associate with any person convicted of a felony, unless granted permission to do so by the probation officer;
the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere
the defendant shall provide access to any requested financial information.
As you can see, supervised release is no walk in the park. It’s a lot better than jail, but there are significant restrictions on your freedom.

http://www.dailykos.com/comments/2007/7/12/19123/3785/51#c51

How many of these might he violate?

[montanto]

78. "shall not associate with any persons

engaged in criminal activity . . ." Well, that screws him right there.

[malaise]

2. Now this should be Breaking news

Thanks Judge Walton.

[cascadiance]

3. I still don't trust "State Secrets Privilege" Judge Walton who's now on the FISA Court...

Something still smells about this whole arrangement. This administration has been known for Rovian-engineered double-speak and subplots. I still think they are milking this at different levels. And I still think that Walton is a hidden shark waiting to strike later. He's already hit us earlier in less heard about rulings, and he's had his financial history completely redacted too.

Be careful.

[southerncrone]

68. Agree 100%. Untrustworthy. But for now, one can only hope he'll be JUST.

[Me.]

4. By Accepting The Conditions Of The Commutation

does one accept guilt? Are his lawyers still going to appeal? And boy do I wish Libby would do something that would have his probation revoked.

[malaise]

6. Maybe not, but by paying the fine

he sure accepted guilt.

Sp.

[snappyturtle]

12. I remember reading that the Department of Justice guidelines

concerning commutation calls for relinguishing all appeal efforts. Does anyone know if this is true?

[Jim__]

13. bush ignored the DOJ guidelines when he commuted the sentence.

The guideline would make sense; but bush is free to ignore it. My understanding is that libby is still appealing, and because he is still appealing, he can't be called in the civil case that is pending.

Only my best guess.

[snappyturtle]

21. Oh yeah! * is ignoring the guidelines for sure however, I just

wanted to know if the relinguishment of the pursuit of appeals process is in fact a guideline. And, true, as long as Libby is appealing he's not going to do a minute of testifying before Congress.

[NYC Liberal]

53. Well, inherently, yes because in order to commute a sentence

you obviously have to have been given a sentence to commute in the first place...which would mean you'd already have been convicted of a crime.

That's why you can refuse a pardon (because accepting a pardon is an inherent admission of guilt), whereas you can't refuse a commutation (since admission of guilt is moot and commutation is only about your sentence..which obviously you don't get any say in).

[Blackhatjack]

8. This wording by Judge Walton should be a warning .....

"Should the defendant fail to comply with any condition of his supervised release ... the term of supervision may be revoked and the defendant may be required 'to serve in prison all or part of the term of the supervised release authorized by statute ...' ..."

That makes it sound like Judge Walton is 'reviving' the term of incarceration which Bush ordered commuted by referring to it as 'the term of the supervised release authorized by statute.."

I find that problematic to say the least.

Did Judge Walton closely examine the order of commutation that Pres Bush signed and find a loophole for keeping the possible incarceration term alive?

Very interesting....

[robinlynne]

11. actually, I read recently that probation itself, can include incarceration.

For example, A person can be on probation, but required to sleep in prison every night. There are different ways to define probation,and what you are required to do. Exactly how often he must see his probation officer, etc. is determined by the judge.

[Spazito]

15. It reads like he is stating libby is under the same restraints as any other

felon under probation in that if he breaches the conditions of his supervised release, he may be sent to prison to serve his prison time. I love that Judge Walton spelled that out VERY clearly.

I wonder what libby's supervised release conditions are? Are there any beyond the regularly scheduled check in with his probation officer?

[H2O Man]

16. The potential

for incarceration is not based on a loophole; it would be a result of a violation of the supervised release, which is distinct from the original conviction.

[Blackhatjack]

19. I agree. I posted that on another thread... however, Walton's language here...

seems to be interpreting the meaning of the phrase term of supervised release to refer to the original sentence handed down.

In all the probation violation cases I have handled, the court always has the power to impose punishment for the violation itself --which can be separate and apart from any sentence entered regarding the underlying crime that led to the imposition of probation.

How do you read Walton's implied interpretation of this phrase?

Sounds like to me he is latching onto the 2 yr term of supervisory release as a possible active sentence if Libby violates the terms of his probation.

[H2O Man]

22. Right.

It is extremely unlikely that Libby is going to do anything to risk being brought back before Judge Walton. But, if he slips up, Judge Walton is going to hold him accountable. He's like any other convicted felon who is out on either probation, supervised released, or parole: he has something hanging over his head.

[Blackhatjack]

28. We have rules here that limit what a Judge can give a defendant for probation violation ....

over and above the original suspended sentence. I am not sure that is the case in D.C.

However, if Judge Walton is able to latch on to the length of the 'supervised release term' as the basis for fashioning a sentence for a probation violation --that could significantly lengthen the incarceration term he might impose.

Don't you think he has that in mind by wording his order that way?

[H2O Man]

29. I think that

if the situation ever allows, that Judge Walton will live up to his reputation for being "stern." He knows that Scooter Libby was engaged in actions to cover-up a case with "national security implications," as Judge Tatel noted. Judge Walton knows that Mr. Fitzgerald was doing his best to uncover the truth. Libby was at a key point -- facing the 30 months of incarceration, he certainly had to consider who his loyalties lay with. And Bush took an action that, to borrow Patrick's phrase, "threw sand in the eyes" of the justice system. In footnote #1, Judge Walton notes that Libby had obstructed the investigation of the underlying crimes (exposing Plame and espionage); he has to recognize what Bush has done. These are the actions that can cause a man like Reggie Walton to be very stern, indeed.

[ConsAreLiars]

52. Walton is also one of the few people who likely that know the damage done to the CIA

covert operations being carried out under the "Brewster Jennings & Associates" cover operation was far more extensive than simply revealing one individual operative's name. And he probably has some classified info on just how much damage was done. As an ardent right-winger, he is likely very pissed by this treasonous act.

[Me.]

32. What Exactly Are The Terms Of Probation?

Anyone know.

[H2O Man]

33. I do not

think that the terms of probation are known at this point.

[Me.]

34. So We Are Yet To Be Informed

about the type of violations we should be wishing, erm I mean looking, for?

[H2O Man]

37. Right.

It is highly unlikely Libby will make such an error .... of course, it was unlikely he would do what he did in the summer of '03 ....

[jaysunb]

18. I thought so too...

like , refusing to cooperate with congress or the GJ.

I sure hope that's the situation.

[mod mom]

46. Does anyone really think that Judge Walton would demand cooperation w a GJ

or congress as part of the term of probation-because that would be sooooo cooool!

[jaysunb]

48. I don't rule anything out at this point

There are many people that still believe in the Constitution and the rule of law. Their ability to create environments that would help germinate a wider awareness of the law breaking and usurping of the rule of law is limited in some ways, but, wide open in others.
Remember, at the very beginning, Judge Walton read and redacted much of the information in the Libby indictment. He's on record saying, " laws had been broken."
He KNOWS what laws have been broken and now after the trial, has a pretty clear picture of who those lawbreakers were. HE'S WELL AWARE OF WHO LIBBY LIED AND OBSTRUCTED FOR.....


just like the trap being set by Conyers & Leahy, it's quite possible, Walton & Fitzgerald have cards to play.

[mod mom]

63. that would be SO great! and poetic justice against * interference!

[alcibiades_mystery]

26. Scooter got 2 years supervised release, yes

That means if he violates on Day 1, Walton can send him to the pokey for two years.

What Walton did was clever: he specified that the term to be served in event of violation is the term of the supervised release rather than the term of the original period of incarceration: so, not the 30 months, but the two years.

[cassiepriam]

62. Libby may end up wishing he had just served the 30 months.

[TransitJohn]

20. h20man

I've really appreciated your work and posts during all of this over these many months. Thanks.

[H2O Man]

24. Thank you.

I've enjoyed the discussions on DU about the Plame scandal, the investigation, and the Libby trial. And I appreciate that others enjoy the things that I add to the discussion.

[Swamp Rat]

23. I hope he violates the conditions of his probation.

:)

[eppur_se_muova]

27. Someone needs to take him out for a few drinks ...

that stretch into a week-long bender. Let's see how his PO likes that!

(Of course then Bu**sh** would pardon him, and joke "Hey, I've been on a few benders myself! I know what it's like!")

[mzmolly]

31. Bravo to the good judge!

:toast:

[Me.]

39. Second That n/t

[H2O Man]

35. Bush "admits" leak .....

"President Bush on Thursday acknowledged publicly for the first time that someone in his administration likely leaked the name of a CIA operative, although he also said he hopes the controversy over his decision to spare prison for a former White House aide has 'run its course'."

more ....

http://www.forbes.com/feeds/ap/2007/07/12/ap3908124.html

[Me.]

38. Impeachable Offense?

Either he or Cheney? Can he now be called to testify before Congress as to who he considers the leaker to be?

Edited to add: How would this admission by * affect the civil suit? Seems to me he has just given the Wilson's a leg up.

[H2O Man]

40. He is attempting

to promote the "Armitage did it" business.

[Me.]

41. No Words

suffice to describe the contemptible coward known to the media as the President of the United States. Oh and, Dickie A., is he prepared to fall on his sword too ad accept blame for what I Liar started?

[H2O Man]

42. The best thing

right now would be if the Wilson's civil case is allowed to go forward. That would allow both sides to lay their cards on the table. The fellows from the OVP/WHIG want to focus on things like Ambassador Wilson's relationship to the intelligence community; the Wilsons want to focus on what went on behind closed doors in the OVP/WHIG/OSP. I think the public should hear a little more about the 1999 trip Wilson made to Africa with help from the CIA: what did he look for? Why? Who sent him? Who was aware of his trip and his findings in 1999? In 2002? 2003?

[Virginian]

54. Armitage and who else. Weren't there at least two sources? n/t

[H2O Man]

56. Armitage, Rove,

Fleischer, and Libby were all talking to reporters about Valerie Plame. Armitage's role is not entirely clear, and I hope that the Wilson's civil case sheds light on iy. But he was far less involved than Libby and Cheney in the operation that targeted the Wilsons.

[TacticalPeek]

36. I could pray for a hot piss test, but that would be wrong.

/speaking into lampshade

[DemSoccerMom]

64. Would a piss test

be required for "probation" of this kind? I freely admit to ignorance regarding the requirements of ANY probation, but I always thought that the piss tests were used almost exclusively for those on probation for committing a drug-related offense.

Hey, maybe we could spike his gin and tonic w/ some exotic "herbs" . . .

[madokie]

45. Thats good to read

It sure doesn't sound like the judge is any bit pleased with the little man boy pResident

[blogslut]

47. Judge Walton rules

:)

So...probation, supervised release...there are common rules that come along with such a setup. One rule is that the parolee may not have contact with particular people. As an example, the person on parole for illegal gambling is not allowed to contact bookies or visit racetracks. I wonder if Scooter will be subject to such a rule during his term of supervised release.

Fantasy, I know, but wouldn't it be sweet if Libby were forbidden to have any contact with Dark Lord Dick?

[jaysunb]

49. Walton is well aware of Cheney's complicity

and I'd bet, it won't escape Fitzgeralds attention either. Prosecutors have great leverage in what probationers may and may not do.

[cassiepriam]

61. He should be allowed no contact with any member of the federal govt.

[Rex]

50. legitimacy? Hey Judge, what is legit about George Bush or Dick Cheney?

Did you sleep through the part where the rule of law got tossed in the trash? Write whatever you want, they don't care and will make sure to make their point to anyone who gets in the way.

Perplexed?

Must have snoozed when they trashed the Constitution. Although and this would be great - the Judge let's Libby ride for 2 years even when Libby gets off the boat and parties, lets him get a few days away from 'freedom' and throws his ass in jail!

[cascadiance]

70. This guy has used "State Secrets" privilege rulings to stop many folks like Sibel Edmonds...

... with coming out with the truth, and now has been appointed to the FISA court by Roberts. I wouldn't trust him. He's being made to look like "the good guy", but he will turn on us if critical decisions come his way. He's in this administration's pocket, or at least it's hard not to know, since his whole financial history has been redacted.

[0007]

58. Does that mean scooter can't drink alcohol with Judy Miller?

Hope they don't forget to give him a saliva test.

[H2O Man]

65. One of the

things that I think is important about this memo is that other federal judges are reading it. And federal judges, like other exclusive "clubs," tend to resent someone from the outside who infringes on their territory. The Bush commutation is certainly being viewed as what we all know it is -- an attempt to secure Scooter's silence. More, the other federal judges are aware that Judge Walton did not hand down a cruel and unusual sentence to Libby. The guy was convicted of four felonies in a case with national security implications.

[Me.]

66. I Think They Resent The Hell Out Of This All Right

For the reasons you stated and because defendants all over the country are citing the Liar case and asking for the same consideration.

[Blackhatjack]

71. My experience is that Fed Judges are very territorial and protective of their turf...

That lifetime appointment makes them pretty powerful.

Remember Walton was appointed by Bush.

I think you are exactly right. Other federal judges are reading this entire affair very closely and trying to determine how it impacts their function and power in the future.

I for one think the SCOTUS is not happy about commutation of Libby's active sentence.

If Bush can continue to interfere with decisions he does not like after the fact, there really is no need for the Supreme Court Justices to show up for work.

[uppityperson]

67. Good. k&r if I still can

[leveymg]

69. No more felonies for you Scooter, or the Judge'll revoke your parole, and send you away.

Guess that effectively ends your political career.

Better get a good literary agent. . . By the way, aren't the proceeds of a crime forfeit?

[freebrew]

73. What I read between the lines:

* doesn't have 2 years left in office. He will no doubt HAVE to give liar libby a full pardon, or libby will be sent to jail upon the swearing in of the new Dem potus? And the prison term could be extended? Or is that too much to hope for??

If he violates probation after a year, does he still have to serve the full sentence or will it be shortened the amount of time that has passed? Curious folk want to know...

[H2O Man]

77. Shortened. n/t

[autorank]

75. Thanks for the careful analysis...

This is revealing:

On pages 9-10, Judge Walton orders Scooter to "report to the Probation Office with all requisite haste," and adds in footnote #9: "Should the defendant fail to comply with any condition of his supervised release ... the term of supervision may be revoked and the defendant may be required 'to serve in prison all or part of the term of the supervised release authorized by statute ...' ..."

Here we have a Judge who will keep an eye on compliance by Scooter. One screw up and the sentence is reimposed. That's a challenge. One instance of non compliance and Walton can haul him before the
court and send him off to jail.

You don't mess around with the court services people. They report back to the judge and the judge has a lot of latitude.

I think Walton is just waiting.

[Me.]

76. Lips To Ears

Yours to God's, that is