July 02, 2007
Libby's Commute
Posted by David Zaring

It wasn't on a Friday at 7, and it wasn't on July 3d, but it's a holiday week, and Scooter Libby was facing jail, so the president did what, inter alia, the Washington Post has been urging him to do. He commuted part of the sentence.  No jail, but a $250k fine and probation.  Again, I think the comparison of personal sanctions between politicians and captains of industry is interesting, so here's some quick thoughts:

  • if you weren't sure that the Clinton investigations were a good idea, Libby's conviction, IMHO, is a close call, because like seemingly most Washington prosecutions, it wasn't premised on a substantive crime.  Another cover up instead, once an investigation was commenced, of what was most assuredly not a crime.  And politics ain't beanbag, especially not when people are leaking things.   At least this cover up was closely related to preventing the investigators from learning about what they wanted to know about.  But I find all of these sorts of prosecutions to be profoundly unsatisfying.  So does Tim Noah.
  • Did you know that fines could get so high for false statements?  Wow.  Must be based on a percentage of fortune?  Because that's not what HUD mortgage grant chislers have to pay.  I'm embarrassed to admit ignorance here.  Perhaps the Sentencing Blog can advise.
  • My illustrious host may have some smarter views about the disparity in sentences between white collar business crime and white collar political crime.

Crime and Criminal Law | Bookmark

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Comments (6)

1. Posted by Christine on July 2, 2007 @ 19:25 | Permalink

I, too, find the prosecutions for second order crimes (obstruction, false statements, conspiracy to make false statements, etc.) unsatisfying, particularly when the underlying "crime" may not be a prosecutable offense. I also find this commutation unsatisfying, however. I fell somewhat constrained because a family member was on the Libby team, but commutations have no precedential effect. So the hundreds or thousands of others who do time for obstruction get nothing out of this, including white collar criminals.


2. Posted by John on July 3, 2007 @ 1:25 | Permalink

Whatever way you cut this a guy who was found guilty of four counts of perjury and obstruction of justice is being turned loose. For someone in his position the fine is chump change. This sends an appalling message to the general citizenry because basically most of them know what's going on here. Basically Bush's 25-35% are going to applaud, while the other two thirds of the country are going to think it a travesty. In the short term there will be some political consequences in terms of the admins relations with congress, but there is relatively little they can do. Longer term going into the 08 elections it's hard to see how this is not just another blow to the Republican brand. I'm sure "Scooter" is going to be starring in a lot of campaign ads during the election and it's going to reinforce the general public perception of an administration where lying and obstruction were commonplace. This in turn is going to roll over onto their claims of innocence concerning the intelligence leading up to the war. Bush is being cheered by his most zealous supporters tonight but anyone who thinks this hasn't tainted the wider Republican brand is kidding themselves.


3. Posted by David Zaring on July 3, 2007 @ 7:31 | Permalink

Christine - Yep, this doesn't do the Skillings of the world a bit of good. If only they had known the vice president a bit better.....

John - Well the fine and likely disbarment aren't nothing. But you may be right on the politics. In fact, it may be that republicans pay stiffer political prices for crime-scandal mongering than do democrats, in general.

Because I'm interested in the size of the fine, given that there's no question of restitution, I looked around for some guidance. Nothing doing. But many large fines are never paid, which might be why everyone's just focused on the sentence.

http://www.msnbc.msn.com/id/7082314/


4. Posted by Ron Holland on July 3, 2007 @ 11:06 | Permalink

“Scooter” Libby Is A Pawn in the Cheney/Neocon Foreign Policy Cabal

As President, Bush certainly has the right to pardon Libby but this disregard for the will of the majority of Americans in this situation is just business as usual for the politicians of both political parties. For too long they have generally ignored the will and views of productive, working Americans for the powerful special interests that control both political parties.

It is time to take control of Washington away from the special interests and return to a decentralized, limited federal government controlled by the voters. The best way to accomplish this is politically through the Ron Paul Campaign and by education of the American public on the benefits of direct democracy and limited confederation government like our first central government, The Articles of Confederation.

For more information, review the free, online book, “The Swiss Preserve Solution” which highlights how Swiss style confederation government and direct democracy could restore limited government to the United States. Read Restoring America's Original Republic with the Swiss Confederation Institute at http://www.swissconfederationinstitute.org/swisspreserve41.htm


5. Posted by Steve on July 4, 2007 @ 20:05 | Permalink

David, Our nation is founded on the rule of law. Our lives aren't ruled by the whim of some Monarch, but by laws based on a series of agreements flowing from the Constitution about how we are going to resolve conflicts. We may not always find "truth" in the courtroom, but we've come to believe that a form of procedural justice is better than violence and revenge to settle disputes.

Thus when you dismiss obstruction of justice as a secondary crime, you totally miss the point. It is a crime against the very foundations of our compact to live in peace with 300 million other people. And in this case where it appears Libby might well have lied to shield the vice president and president, it is of the gravest consequence. Do you really believe the secrecy is about national security when it also appears that the outing of a CIA agent was done from the highest levels of the White House?

Maybe I'm wrong, but Cheney and Bush are doing everything they can to prevent me and everyone else from finding the truth.

That's why this isn't some secondary crime.


6. Posted by Steve on July 4, 2007 @ 20:32 | Permalink

PS - I would also note that both the Prosecutor (Patrick Fitzgerald) and the Judge (Regie Walton) were appointed by Bush. This was hardly a biased decision made by Bush's opponents.

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