Yesterday, Judge Reggie Walton issued an order to release part or all of the numerous letters sent to him for his consideration in determining the sentence for convicted felon I. Liar "Scooter" Libby. On May 17, Judge Walton had informed both the prosecution and defense that he was considering making all of the letters he had received part of the public record, and requested each side’s opinion of the possible disclosure. Mr. Fitzgerald did not take a position that was either pro or con. Team Libby, not surprisingly, responded in con.
In their heartfelt response to the Court, Team Libby was careful to take explain to Judge Walton that, among other reasons, he should not disclose the letters, because: (a) there would be no media-public interest; and (b) there would be "bad" interest in them. Let’s read their words:
(a) "Even if the Court generally referred to these letters during the sentencing hearing, any interest by the press or public in the contents of these letters would be minimal, if not non-existent. The Court’s description from the bench of the letters would provide ‘most, if not all, of the value of the letters to the public interest’." (page 8)
(b-1) "It is easy to imagine that once the letters are publicly disclosed, members of the media would attempt to track down and interview the others." (pages 5-6)
(b-2) "Revealing these private communications, however, would chill the willingness of individuals in future cases from expressing their opinions in an honest and forthright manner or even at all. …. Given the extraordinary media scrutiny here, if any case presents the real possibility that these letters, once released, would be published on the internet and their authors discussed, even mocked, by bloggers, it is this case." (page 5)
I am confident that I am not the only DUer moved to tears by the passion expressed by the Scooter Defense attorneys in their quest to protect people’s identities from being unjustly exposed. This is a cause close to Scooter’s heart. He went out of his way to avoid exposing CIA NOC Valerie Plame’s identity, after all. But look what those bloggers did to her!
Yesterday, Team Libby filed their "Sentencing Memorandum on Behalf of I. Liar Libby" with the court. Please, DUers, get out your handkerchiefs, and read sections such as: "3. Mr. Libby Treats Everyone With Respect" (page 19); "C. Mr. Libby is Devoted to His Family" (page 20); and more information that allows us to see that while Scooter was involved on the fringes of the Plame-Wilson hanky-panky, it was their fault. Scooter is the real victim of this entire episode, and if he had not been so gosh darned busy protecting All Things Good, he might have swatted that attention-seeking, misquoting, political-agenda driven, mosquito Patrick Fitzgerald. But, instead, he was focused on the threats posed to this nation – you, me, and The Children – by evil-doers like Usama bin Ladin, Joseph Wilson, and Valerie Plame.
Here we read from the new Team Libby document:
"Introduction: Distinguished public servant. Generous mentor. Selfless friend. Devoted father. This is the rich portrait of Mr. Libby that emerges from the descriptions of him in the more than 160 heartfelt letters submitted to the Court on his behalf. The letter writers, who range from administrative assistants to admirals, neighborhood friends to former colleagues, Democrats to Republicans, bear witness to Mr. Libby's character and patriotism. As detailed below, Mr. Libby's accomplishments in the State Department, the Defense Department, and the Office of the Vice President demonstrate his extraordinary commitment to public service. His dedication to promoting freedom abroad and keeping American citizens safe at home is beyond question. Mr. Libby has also earned a reputation for treating people fairly and kindly and comforting those who are distressed. He has avoided the Washington limelight to focus on nurturing his young children. Even those who disagree vociferously with policies he supported while serving in the government believe his conviction is not characteristic of the life he has led.
"On the unique facts of this case, and the unique contributions of this man, we believe that under 18 U.S.C. § 3553, a non-Guidelines sentence of probation is warranted. ….
"Mr. Libby's Personal and Professional History Support A Sentence of Probation Under § 3553(a)(1), in sentencing Mr. Libby the Court must consider his "history and characteristics." We have submitted over 160 letters from a comprehensive cross-section of people who know Mr. Libby, all attesting to Mr. Libby's decency, work ethic, and "quiet patriotism." The letter writers come from many different periods in Mr. Libby's life and from across the political spectrum. They are conservatives and liberals; career public servants and people working in journalism, medicine, and law; professional mentors and pro bono clients. They run the gamut from four-star generals and admirals to non-commissioned officers; renowned professors and cabinet officials to secretaries, law firm associates, and junior staffers. Mr. Libby has touched all of these people's lives, and we rely on their letters to show what he is truly like. We urge the Court to consider the letters for what they are: powerful evidence of mitigation supporting a sentence of probation. ….
"The Court should also consider the extent to which conviction alone is devastating to Mr. Libby. It is unlikely that he will be able to return to the private practice of law because, as the PSR notes, he has been suspended from the practice of law and will likely lose his law license if the conviction is affirmed on appeal. In addition, his conviction will almost certainly prevent him from ever holding public office again. Further, because Mr. Libby has been the object of so much negative media attention, it will be extremely controversial for any employer to hire him. Accordingly, whatever employment he obtains is not likely to be commensurate with his unique skills and abilities. Because Mr. Libby's future employment opportunities are now so sharply circumscribed, a downward departure is appropriate. See United States v. Jones, 158 F.3d 492, 499 (10th Cir. 1998) (affirming downward departure based in part on the "collateral employment consequences
would suffer" ….."
More at:
http://noeasyanswer.blogspot.com/2007/05/libby-sentencing-memorandum-doc-358.html
Surely, everyone from John Mitchell to Mark Twain has gathered in heaven itself, to listen to a choir of angels putting the lyrics of the gospel of St. Scooter of Felony to a harp-beaten tune. This man is so inspirational, that I think all of us on DU need to take a few moments to reconsider. Doesn’t the fact that he cares about all good things count more than his lying? His kindness to others wipe out his running the operation to expose Valerie Plame? His love of democracy count for more than those tiny WMD lies? Do you not agree that Scooter’s sensitive feelings mean more than several thousand dead soldiers?
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