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Libby Sentencing Eight

libby1.jpgOkay, so here is the summary so far:

Walton basically accepted the premise of Fitz' sentencing arguments, which put the range for the obstruction up to 30-37 months, but on the basis of the fact that Libby is a nice guy, took the lowest end of that range, 30 months. He gave him 15 on the other countrs, concurrent, but those other counts need to be recalculated, bc one should be lower and one should be higher. So the sentence is 30 months, but on stay until the Probation department does new calculations.

As to bond pending appeal, Walton basically said no, but Defense can submit a memo. That is due on Thrsday, and then the govt's is due on Tuesday, with Libby's response due on Wednesday. If Walton decides against bond pending appeal after reading those motions, then it all goes to the prison system and Libby goes to jail in normal schedule, which would be about 45-60 days.

The basis defense argued for appeal is twofold: that Walton rejected the memory defense, and Fitz' appointment in general. Walton basically said, "If you could introduce a memory expert on the basis of that hearing, we'd have to let in any thing, because there was no basis for applicability in this." As to Fitz' appointment, Walton said that, although no one oversaw Fitz' actions WRT this case, he was subject to normal discipline if he did anything bad. The fact that Sampson considered firing Fitzgerald is evidence of this in this case. 

Reggie said something very important WRT this issue. He said that if Fitz' appointment were improper, then it would mean no one high in government, and no one in the justice system, could be held accountable for the things they did unless there were a way to appoint a prosecutor free of DOJ oversight in the particular case. 

You think maybe Judge Walton has given some consideration of the possibility that high level DOJ employees might be indicted for things recently?

I'm headed out the pressers, will come back for an update then.

Update: No pressers. Neither side had a comment, ostensibly because they've got to come back for next week's hearing (on Wednesday) on bail pending appeal. 

Now it's either beer thirty or I'm going to try to sneak into the SJC hearing. Can anyone tell me if it's beer thirty in DC? 

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Marcy Wheeler aka Emptywheel is an American journalist whose reporting specializes in security and civil liberties.