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June 4, 2007 10:15 AM

Libby's Crime And Punishment

(Getty Images/Win McNamee)
Lawyer Andrew Cohen analyzes legal affairs for CBS News and CBSNews.com.

What ought to happen to good men when they do bad things and get caught? What should their punishment be? How should society balance the production and patriotism of an individual’s life with the misdeeds he performs while in high office? Those weighty questions will be answered, at least for one day and in one case, when U.S. District Judge Reggie B. Walton sentences I. Lewis “Scooter” Libby Tuesday for obstruction and perjury relating to theCIA leak investigation.

Federal prosecutors have asked Walton to aggressively sentence Libby, the former high-ranking White House official, to three years or so for lying to grand jurors and federal investigators when they asked him to explain his role in the improper and perhaps illegal disclosure of covert CIA agent Valerie Plame Wilson’s name to the media. In turn, Libby’s lawyers have asked Walton to give their client probation because of his wonderful career of public service. And the federal probation office involved in the Libby case is splitting the baby — recommending that Libby serve between one and two years in prison.

Libby’s lawyers are pleading for mercy and leniency by telling Walton that their client has been a pillar of the recent Washington establishment. Libby is a modern-day Wise Man, his legal tribunes claim, and thus has stored up his fair share of legal and political credits that now he ought to be able to cash in at the bench of justice. Not so, says special prosecutor Patrick J. Fitzgerald, who wants Walton to sentence Libby harshly not just as a symbol of what you are not supposed to do when the feds come calling — lie under oath — but also because Libby, a lawyer, should have known better than to try to subvert justice the way he did.

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