Wells: all we’re asking is a right to file a full brief.
Wells Fitz told me it was his position that he did not see Libby as flight risk. Would agree to reasonable surrender date. I told him in light of that.
Walton: I don’t have a problem with having you all submit something so I can rethink it. How much time will govt need,
Fitz: If we could have 10 days.
Wells: that’s too long, we have to get to Court of Appeal. I would ask govt to file brief by Monday, we’ll reply by Tuesday, so if your honor does not change, we can get right to Court of Appeals.
Fitz: My only point is we don’t have a head start on brief, I assume they’ve though through what they’re going to represent.
Walton: Thursday for filing of defense. Monday for filing of, actually, Tuesday for govt, and
Wells We'll respond in 24 hours.
Walton; 1:30 on Thursday for hearing.
Wells: WRT surrender date, Fitz has no objection to reasonable date.
Walton: I don't do that, if I don't file notice bail pending appeal, generally takes 45-60 days.
Fitz: Wanted your honor to make aware of one thing. 30 months on obstruction. Just wanted to point out, if your honor was trying to correspond, one would be lower and one would be higher. By our read on false statements would have a 6, would mean guidelines range for false statement is 0-6 months, on other hand, perjury counts, level 14, but your honor found intereference enhancement, perjury 24-30 months.
Walton: I was under the impression it was all counts.
Fitz: if we do not litigate now, I'd like to make sure it's on the record that a level 17 would be range of perjury counts, in light of your honor's ruling, false statements would be 0 to 6, we were not as clear as we should have been.
Walton: does probation agree with those assessments?
Walton: I'm going to stay the sentence at this point until Probation has had a chance to break down sentence, until next Wednesday.
Probation: In original calculation, we grouped all four counts, that changes the calculations, and prosecutor is correct that it lowers level for some accounts.
Walton: I'll stay until Probation does the new calculations.
Um, is it too early for beer thirty?
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TEAM FITZ!
Thank you, Marcy, Jane, Christy, and everyone else.
I just made another contribution ($100.07) to keep this whole shebang going.
Thanks again. Great work!
I’m confused
So the bail issue is going to be brief and argued next week? Which means Scoots goes home for at least a week?
litigatormom @ 4
regardless of whether there’s bail or not, Scooter was gonna go home for a while to get his affairs in order. Looks like, tho, that Walton was (is) ready to say no bail, but 45-60 days to report.
That sound right Christie?
What does that last bit from Fitzgerald mean? The business about “if your honor was trying to correspond?
They’re recalculating the sentence?
Marcy and Jane, am I correct that Walton was inclined NOT to release Scooter on bail, but has given Wells an opportunity to brief the issue so as to cause Walton to “rethink” the issue?
Wells to file Thursday, Fitz to file Tuesday, argument a week from Thursday?
And Scooter goes home in the meantime?
30 months. Hot damn. And no its not too early to celebrate with a beer. Go ahead. Thanks so much to FDL for covering this. I’m glad to know that my previous contributions to FDL have provided such excellant coverage.
Fitz: We were not as clear as we should have been.
??
Fitz made a mistake in one of the sentencing calculations and he’s tryin to let Walton know so that the error gets corrected.
What’s the precedent? Did Haldeman, Erlichman, Dean, Mitchell and the rest remain free pending appeal(s)? Is there a possibolity that Libby is a danger to the community or that he will flee the court’s jurisdiction?
Does the error reduce Libby’s time, or increase it?
wow. how normal is it for the “free on bail” issue to be decided a week later? Given the hanging pardon, that seems to be the only issue that matters. I am very confused.
I am quite confused. What is going on? It sounds to me like no bail pending appeal, but Libby will be given a reasonable date to surrender.
But what the heck are they briefing?
If I am following this correctly- the Libby team is going to show Walton their appeal brief so that he can know who serious his alleged errors are before ruling on whether Libby stays out pending appeal.
Ok, now I’m confused, does this recalculation mean the 30 months might be reduced??? Not nice to get my hopes up like that Judge Walton only to dash them again…
Champagne, my dear. Cheers!
steeelthing @ 9
Yeah!
Who from our group is Kyle who is now on AirAmerica?
He’s talking about the trial and FDL
Marcy, it’s never too early for beer-thirty for you! May I offer you a Guinness?
Great shout out for FDL on Air America
dratty at 5 — That’s my read on it from here as well. I don’t think Walton sounds amenable to allowing Libby bond for the entire appeals process, but just for an initial filing period — and even that is iffy at this point based on his statements thus far.
Sparkles the Iguana @ 7
If I’m not mistaken — and maybe it would be better to get Christy’s, LHP’s, or litigatormom’s take on this — it sounds like they needed to have Probation recalc the sentencing levels to conform to Walton’s sentence.
So they’re not changing the sentence, just formalizing its application.
Thirty months approximately equals one hour of incarceration for every 32.5 excess Iraqi deaths since Shock and Awe (based on the Johns Hopkins figure of 655,000 excess deaths).
Oklahoma kiddo @ 12
Don’t know about the Watergate crew. Martha Stewart was free pending appeal, but then elected to start serving her sentence before her appeals were exhausted to “get it over with.”
Libby is probably not a flight risk, but then again, with the arrogance of these folks, who knows?
I still want to know who else submitted leniency letter for Scoots.
jayt-me too
what does the maneuvering after the sentence was given mean?
30 months, money, 72 hours to present, why did more follow?
and what does it mean?
Elizabeth DelaVega is going to be on AirAmerica in a half hour
urban pirate @ 14
damn, we still aren’t there yet
dratty @ 5
That is what it seems like. If I had to guess, I think he is allowing briefing on this only to make sure it is fleshed out completely in the trial court and make it harder for an appellate court to revisit.
Sounds as if the error in the guidelines will lead to a very slightly lighter sentence after the recalculation according to Fitz.
it seems to me that the single salient point is that scooter remains free, at least for the time being…a week? two?
.
The view here is that Libby should report to prison pending appeal. Deterence to others who are in politics to pull the same sorts of capers, weighs.
Looks like, tho, that Walton was (is) ready to say no bail, but 45-60 days to report.
That sound right Christie?
Man, I hope so – I’d love that. 1 1/2 to 2 months of Republican cannibalism, followed by a trip to the slam well before December 2008?
that’d be just about perfect, imo.
litigatormom @ 26
Dubai might be looking pretty good to him about now. I’m sure he could find a job there. No extradition…
phred @ 17
No. The recalc has to do with false statement, and maybe perjury.
Obstruction is still the major sentencing factor however, and since the sentences are being served concurrently, there shouldn’t be any change to the total amount of time Libby will actually serve.
Oklahoma kiddo @ 12
Well Dean took a plea, so that doesn’t apply. IIRC Mitchell et al, who were before Sirica, had to go right away, but Ehrlichman, who was before Gesell on a different case, got to remain free pending appeal.
But I gotta tell you, I’m not betting on my memory on this.
hmmm looks as if scooty will not be fitted for that orange jumpsuit just yet unfortunately……
ralphbon @ 25
Every iraqi death-by-violence/neglect in iraq since Mar 19, 2003, has been excessive, imho…
./
JGabriel @ 39
Thanks! It seems like a law degree would really help us casual observers these days ;)
Hmm. Who should I pick? Lynn Cheney, Hitler, or Pol Pot? Hmm…
No matter, this is a bad day for goopers.
No way to spin this well. Tough job for Mary today. And teh husband, well, his cred is zero and falling.
There are two separate issues. First, will Libby be allowed to “voluntarily surrender” to prison? Sounds like Fitz is not contesting a voluntary surrender. It could take weeks / months for BOP to designate a prison for Libby to surrender to. Second, will Libby be out pending appeal? That is the issue to be argued on Thursday. If the judge allows release pending appeal, Libby will be free for 1 to 2 years, at least, while the appeal is pending.
Bush will pardon him…guaranteed!
Christy Hardin Smith @ 23
Didn’t Reggie take some precautionary steps during the trial to ensure that an appeal wouldn’t be a big issue? Reggie’s judgment not being overturned on appeal? Anyone remember that day/issue?
Thanks, FDL. Excellent coverage and extremely helpful clarifications. You blow the MSM away. $50.07 winging your way via PayPal. Anybody else care to join me?
bg @ 47
Ya recon Mary threatened to cut James off if he didn’t sign?
MSNBC reporting (for what it’s worth) that neither Wells or Fitz will make a comment today.
So what appears to have gotten lost in the shuffle is whether Walton is letting Scooter out on bail pending appeal or whether he denied it. What happened on that?
Oklahoma kiddo @ 12
He and the Cheney Team have obvioulsy proved they are a danger to the “community.” Very Dangerous!
I love the bit about “pro bono” work from wolfowitz. As if Libby ever intended to do pro bono work. So we have the soon to be disbarred Libby who represented Marc Rich in obtaining a pardon from the presently disbarred Bill Clinton. What a crew. (Caveat, I do not know if Libby will be disbarred if his federal felony convictions are pardoned. I assume the disciplinary committee of his applicable bar association has independentjurisdictionconcerning his conduct
There are basically two reasons we are blessed with this bunch and that is the Communications Act of 1934 and the FCC, both of which have been instrumental in the promotion of the msm we have today.
Libby will never ever spend a day in prison for the offenses he has been convicted of.
raven @ 56
I just threw up…
phred @ 43
I’m not a lawyer, so don’t rely on my interpretation. I’m just parsing out from what EW has already reported on Walton’s comments.
Bringsamen — WY law requires that the governor pick a replacement of the party which has lost an elected official. In this case, the deceased Sen. was a republican, and they are following the procedure as required by state law to pick his replacement.
new thread
phred @ 43
Marcy’s summary … for us lesser folk
ralphbon @ 25
I recently heard that the John Hopkins figure of Iraqi excess deaths is now over 1,000,000.
raven @ 53
he is the new winner of the coveted “World’s Most PW’d Man” award.
newtonusr @ 59
So would I if I had to. . . well you know.
LMAO.
Digby;
snip
http://digbysblog.blogspot.com/
Walton knew from the beginning that an appeal was a certainty and ruled accordingly. He now has to determine if there are serious grounds for appeal. If so- he will allow Scooter to stay out of jail pendint- if not- into the slammer he goes. Libby’s team hasn’t told him exactly what the grounds for appeal are- so it’s hard for him to rule. They will tell him before the next hearing apparently – that’s what the brief is about.
At least that’s how it reads to me.
Naive question:
Just because they say he’s not a flight-risk — they also say he’s a devoted father, HA! right!, what devoted father spends 12 hours a day, 7 hours a week working to support The Evil One – Arrgh – Who, exactly can confirm, is anyone watching him, that he won’t flee?
I mean, we’re spending a lot of $$ to watch Bush’s special ones, are we watching Libby to see if he’s making plans to go somewhere, ie. Paraguay, somebody’s ranch, anyone know?
What’s the difference between perjury and false statements?
oddmommy @ 65
Do I have to give him the trophy?
Marcy, answer this one, and you get an Ayinger Celebrator:
Now this may be too simplistic, but what are the chances they can delay Scooter’s reporting to jail, just long enough to rush the entire case in front of a Court of Appeals judge… where, working more from a sense of Loyal Bushiedom than the Law, he simply issues some problematic and thinly-justified crap, and springs our hero?
MSNBC backtracking from the earlier free-on-bail reporting.
Says Wells slipped out side door – won’t speak to reporters – same for Fitz.
heh – I’ve done that.
On the bright side – I figure we just saw James carville slit his Democratic-Strategist throat today.
raven @ 52
He might be happy not to sign!
bg @ 46
You know that there is no way to spin this when the headline for this on Faux News reports the actual news – a 30 month sentence. Unlike the day he was convicted when they shouted that he was found NOT GUILTY (on one five counts).
But – we all know that won’t stop his supporters from spouting the same old same old talking points…no underlying crime, she was not covert, Fitz was out to get him, etc., etc.
.
On the bright side – I figure we just saw James carville slit his Democratic-Strategist throat today.
Why is that, making stupid ass decisions hasn’t disqualified the rest of them?
Loo Hoo. @ 66
In general, I don’t know. In this case:
perjury = statements to Grand Jury
false statements = statements to FBI investigators
IIRC, the legitimacy of an appeal would weigh heavily on whether or not Scoots gets to be ‘free’ during the appeal process. Didn’t Walton write a statement toward the end of the trial wrt an appeal and how he was taking taking pertinent steps so that an appeal would be relatively impotent?
kathleen @ 51
Cheney is a danger to the world.
Just because they say he’s not a flight-risk — they also say he’s a devoted father, HA! right!, what devoted father spends 12 hours a day, 7 hours a week working to support The Evil One – Arrgh – Who, exactly can confirm, is anyone watching him, that he won’t flee?
I mean, we’re spending a lot of $$ to watch Bush’s special ones, are we watching Libby to see if he’s making plans to go somewhere, ie. Paraguay, somebody’s ranch, anyone know?
That was yours truly on Air America a few minutes ago. I got lucky and was the first caller to weigh in on the breaking news, and felt it my moral duty to credit the source… Thanks again to Marcy and all behind the scenes at FDL.
As I commented, a stiff sentence for Scoot will, hopefully, result in a fresh look at the Cheney impeachment bill- for obvious reasons.
Big question now (for the next week it seems) is if Scoot goes for a nice quiet summer vacation or stays out on bail.
BTW, my local right wing radio is all about the only corrupt Demo they could find, ol’ ‘Dollar Bill’.
I say lets take this as a win, and celebrate!
The defense is indicating they plan an immediate appeal next week (even though they secretly hope to stall everything as long as possible).
Fitz is having the Probation Office’s offense classification report amended to reflect the cross-referencing on the Obstruction, but not the Perjury – shouldn’t affect the sentence, but might affect ‘good behavior’ calculations, etc.
Walton has indicated that he tends to give 45-60 days, on bond, for convicts like Libby to report to prison – even while appeals are pending – but he might not do it in this case.
Briefs and a hearing next Thursday to settle the issue.
The best Scooter can do, imvho, is stay free for 45-60 days – but he’s going to have to convince Judge Walton that he shouldn’t go directly to jail next week since Reggie doesn’t see any possible points of reversal.
kspena @ 61
At the event the other evening where Congressman Zack Space (ohio) was the guest, Space said that we should not “precipitously” withdraw from Iraq because there could be a genocide. When I mentioned that there was all ready a genocide taking place according to the numbers that the Lancet Study was reporting. Space was obviously pissed that I had questioned him and then he went on to undermine the findings of the Lancet. (sounded like a Bushie to me, they undermined both Lancet Reports).
I would suggest that Congressman Space and all our reps read both Lancet reports about the number of deaths in Iraq.
Loo Hoo at 72 -_ Perjury is committed under oath (in this case sworn before a grand jury duly constituted to investigate this matter). False statements are given to a federal investigator or other lawful investigator looking into a criminal matter, but not necessarily under oath.
radiofreewill @ 79
Let’s hope Walton stands by his words that Libby’s sentence needs to encourage a respect for the rule of law, and that if this does not happen people will continue to “lose faith in our government”
If he allows him to walk while waiting for an appeal. Just what kind of messageis this for younger people (that I know) who are wondering why different rules of justice apply to the priviliged or well positioned?
Will Walton eat his words?
dmoore @ 77
Can you leave the country while a sentence is under appeal? Dual citizenship?
kdh22 @ 75
Will different standards apply? We are waiting and watching with hope for justice.
daninmiami @ 45
Check out what John Dean has to say on a potential pardon:
John Dean on Pardon June 1st
kathleen @ 80
Well, yeah, that’s my point …what’s to stop him? Is he on some no-fly list? Prolly not. Just because he may not be a “Model Father”, he and his wife should, at least, have learned to cover their A**es. Remember, “We’re gonna f**k them”? Gonna talk? Gonna Flee?
Go Walton! Go, Go, Go!!! Go Fitz!!! (Breath) See, patience is its own reward. Let’s see what happens.
Bush has backed down on several issues of late. Can he afford to pardon Libby now?
He’s kinda busy in the rest of the world. And, maybe that and knowing that All Those Eyes are on him, and he does seem to be playing Ketchum, maybe he’ll pass on the Pardon.
Some of the letters are at the Smoking Gun.
Link.
Loo Hoo. @ 64
When it’s a Democrat it’s perjury, when it’s a Republican it’s false statements.
See Regent’s University School of Law Lying to the Heathens 101
I just heard scMSM reporter Kevin Corke, with MSNBC, state that Libby wasn’t convicted of perjury for outing a covert agent because that has never been established wrt Plame’s CIA status. WTF is this repug talking point still doing out there? Can’t they do enough simpleton research to learn that the CIA finally cleared a statement by Fitzgerald acknowledging that Plame was covert when Libby and Darth were conspiring to out her?