Can you explain why an obstruction charge does not carry the sentence of the crime obstructed?

[hootinholler]

I've heard that 30 months was the maximum sentence. Olberman just reported that it was the minimum requested sentence, but no mention of what the maximum could be.

Seems to me the just thing would be for obstruction to carry the sentencing associated with the criminal investigation which was obstructed! In the Libby case, that was espionage. If one argued that we are at war, that's a capital offense.

Have I missed something? Do we need to propose legislation?

-Hoot

[Duer 157099]

1. That's too logical. It's what I was thinking, too

It's the only way to deter from obstruction! like that isn't obvious

[MonkeyFunk]

2. Because it's a different crime?

:shrug:

And I don't think anybody was investigated for espionage.

[hootinholler]

4. H2O Man claimed Fitz said as much.

In his thread.

More, in two documents made public in the past 12 months, Mr. Fitzgerald notes the grand jury was investigating possible espionage.

-Hoot

[MonkeyFunk]

7. well investigating possible espionage

doesn't mean they found evidence of espionage, and more importantly, we don't know if Libby was being investigated for this possible espionage.

[hootinholler]

12. Right, We don't know who committed the crime because of Libby's actions.

We do know it was committed.

-Hoot

[MonkeyFunk]

17. No

we don't know espionage was committed.

The notion that Libby should be punished as if he committed every possible crime that was investigated is just nonsensical.

[BlooInBloo]

3. And who says they even *know* what crime has been obstructed?

[hootinholler]

5. In general Grand Juries know what crime they are investigating.

Or I'm missing a huge piece of the pie.

-Hoot

[BlooInBloo]

6. The latter.

[hootinholler]

10. Surely you have some evidence then.

Fitz said they were investigating espionage, see upthread. Please explain to me how one (a Grand Jury) could possibly investigate a crime with knowing what the crime is?

I'm finding it hard to argue with your logic here.

-Hoot

[pitohui]

8. because a person could "obstruct" out of affection who would never commit the crime itself

a woman might obstruct an investigation of a murder committed by her son or grandson, yet never in a million years commit a murder herself

obstruction is not a good thing but it often occurs because of bonds of affection and the desire to protect


we presume libby obstructed out of affection and loyalty to cheney, while his crime is serious, it is out of affection/loyalty and not as bad as cheney's crime which was done for revenge and/or profit

[tammywammy]

9. Exactly

Just because you obstruct doesn't mean you did the crime. Libby was never indicted for leaking Plame's name.

[hootinholler]

11. I haven't made that claim.

I am making the assertion that the obstruction of this crime warrants more than 30 months.

-Hoot

[originalpckelly]

13. Actually, it should probably be like conspiracy, which carries 1/2 of the conspired offense.

[Samantha]

14. They were investigating whether the identity of a covert agent

was deliberately revealed. I think the key word was "deliberately." They knew Valerie Plame had been exposed, but the investigation into whether or not that was done deliberately or inadvertently was never examined because Scooter Libby blocked investigation into that act. So I think the sentence for obstructing the investigation (by lying) could not be the same as that of the suspected core crime because proof of the deliberate revelation was never established.

[BuyingThyme]

15. If there's a successful obstruction, one, by definition, does not know

what (crime) was being obstructed.

[in_cog_ni_to]

16. Fitz asked for a Minimum sentence of 30 Months and a Maximum of 37 Months. The scumbag got the

Minimum...which doesn't surprise me. White collar criminals never do MAJOR time...you know, like the guy caught with a joint who gets 4 years in prison?:eyes: Obstructing an investigation into the outing of a CIA agent doesn't compare to the wretched, dangerous, demented pot smoker.:sarcasm:

Our whole system is totally fucked up...from the top down.