"Scooter" Libby Faces The Music

Cohen: Prison Time Likely For Ex-White House Aide Convicted In CIA Leak Case

(CBS)  Attorney Andrew Cohen analyzes legal issues for CBS News and CBSNews.com.

---

Former White House official I. Lewis "Scooter" Libby's sentencing brief, the one in which he pleads for leniency and probation for his crimes, reads more like the text of a speech likely to be given at his funeral, years hence, when all the king's horses and all the king's men congregate to see him off for the sweet hereafter. And, as eulogies go, the narrative is quite compelling: Libby was indeed involved in a lot of things, many of them good, in his long career in and out of high-powered politics.

Just read the very first lines — the first few words! — from the beginning of the brief and tell me you don't hear Bach playing softly in the background: "Distinguished public servant. Generous mentor. Selfless friend. Devoted father. This is the rich portrait of Mr. Libby that emerges. … 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." And remember, dear friends, there will be a light buffet available following the service.

When read today, however, while Libby is still very much alive and kicking on the eve of his sentencing for obstruction of justice and perjury, Libby's pleas read like unintended parody. His lawyers, for example, write earnestly about his "great contributions to the public interest," but we know that the jury convicted Libby of lying to a grand jury and the feds about the disclosure of the name of a covert CIA agent. Libby's attorneys also remind U.S. District Judge Reggie B. Walton that their client "has demonstrated strong moral character," even though the judge and everyone else now knows precisely how and to what extent Libby tried to use the media to do the White House's dirty work against Valerie Plame Wilson and her husband, Joe Wilson.

"Mr. Libby is known for his fairness and generosity," the defense lawyers write, and "for his caring and unselfish nature." They claim that "his concern for the well-being of others extends beyond the boundaries of his community and even the borders of his country." And, they, add, "he treats everyone with respect." Everyone, that is, except evidently grand jurors, federal investigators, CIA agents, journalists and political adversaries of the Bush administration. And on and on it goes, one toast-type moment after another, buttressed by segments of letters of support offered no doubt by some of the most important politicians and statesmen of our time.

The defense brief is striking because it does not contain the language of politics, let alone the language of the law. It contains instead this series of pleas, one after another, that you might expect to hear if you happened to arrive at Heaven's Gate while St. Peter was interrogating someone hoping to gain entrance to the Kingdom. I don't blame Libby's lawyers for writing it this way; they figure they are going to go down with their best argument, which is that Libby's extraordinary public service ought to count for and not against him when the judge determines his fate. And I also don't blame the defense team for blaming the media and for trying to turn their client himself into a victim of the CIA leak investigation. What else are they going to argue?

But special prosecutor Patrick J. Fitzgerald gets it — and so, too, I believe, will Judge Walton. Libby's grand career probably won't help him now that he is a felon; it probably works against him. If Libby had been convicted of grand larceny, or even a violent crime, his lawyers might have been better able to argue to the judge that the misdeeds were an anomaly in an otherwise productive and exemplary life. But Libby, an attorney, was not convicted of some random crime. He was convicted of something that not only goes to the heart of what it means to be a lawyer but what it means to hold high office, too. He was convicted of subverting the very rule of law he was sworn to uphold.

Libby's stature in government and the responsibility he was given and for a time deserved, imposed upon him an even greater duty to respect and uphold the law. The long list of credits and credentials his lawyers offer as proof that he deserves leniency prove instead that he should have known better, and done much better, when confronted by the feds and grand jurors. And the glittering resume laid up before the judge begs the central question of the Libby trial: how could such a sharp man suddenly lose his memory about his role in important events that were at the heart of a years-long controversy? It just doesn't add up. That’s why I think Libby will get sentenced to prison time when Judge Walton gets the last word.

As Fitzgerald pointed out in the government's sentencing brief, Libby could have been an upright guy and told the truth when asked about the Plame leak, or he could have even exercised his Fifth Amendment right to remain silent. These options might have truly supported the defense claim that Libby is a man of "strong moral character" — but, of course, they would not have helped Libby or his patrons at the White House face the political expediencies of the day. It was easier to use the media to anonymously slime Plame and Wilson and then plead a lack of memory about the shoddy affair when the law came calling.

Libby chose a path that is common in politics. There are many other men and women of so-called "strong moral character" working in Washington who are called upon every day to do sleazy things to one another as part of their jobs in and out of government. Sometimes the law catches up with these people; usually it doesn't. But here's hoping anyway that the next honorable man of government convicted of a felony doesn't use the achievements of his high office to excuse or diminish his low work.

[katg21]

Ms. Katg21 is a Ann Coulter clone.

And not a more intelligent one, either.
Posted by AaaBee at 02:25 PM : Jun 05, 2007

AaBee,

You love me, admit it!

[aaabee-2009]

Thank you JasonMcJ. Your statement stands.

Ms. Katg21 is a Ann Coulter clone.

And not a more intelligent one, either.

[jasonmcj]

Well stated, we are not Republicans and do not act as they do. We accept Jefferson as a crook. We do not have entire "news" programs dedicated to propoganda declaring he is a scapegoat, like Republicans do for all their buddies.

"Will you Libs be as passionate about William Jefferson serving time for his corruption crimes? Doubt it... Hypocrits. Compared to Jefferson, Libby's a saint. The double standards are ridiculous stop ignoring it already!
Posted by katg21 at 10:13 AM : Jun 05, 2007"

I'm sure we won't be quite as passionate about it as you Repubs but at least we will except that he's a crook and is going to jail. Sure couldn't expect that kind of reaction from a Republican about Bush or Cheney or Gonzo or Libby or...man the list just never ends on your side does it...

[jasonmcj]

Sorry katg21,

When you start talking about:

"FACT, the big three are bought and payed for by the left, you got Moveon.org and George Soros, CNN...NO they aren't bias!!!" Source?

...and...

"they tell you Fox News, Hannity and Rush are wrong and that's why you bash them" LOL, who is they?

FACT: You lose all credibility with real Republicans trying to repair the stupidity of the extreme wings of both Democrats and the currently-in-power-for-the-past-7-year GOP.

[jasonmcj]

There is plenty of covergae on the Jefferson indictment, espeically on Fox, where the Libby trial was portrayed as a farce. Yet the Jefferson trial.....he is already guilty on the Fox network.

The real issue is that Libby could be considered an accessory to the underlying crime of exposing Plame because, at least in part, his obstruction of justice made it all but impossible for the government to make the case for that crime.

It as simple a that. His obstruction made it impossible for Fitzgerald to presecute the orignal leakage crime. That is always been the Republucan strategy, and you got caught and called out. Lets see how often Rove tries this again.

[katg21]

Just ignore the idiotic blather from katg21.

Yeah, just keep ignoring the other side of the story and suck up all that the media is feeding you. Be robots, I don't care anymore. I haven't read one word from any of you that I didn't see on CBS, NBC or ABC. Aren't you just one bit curious as to why there hasn't been any coverage of the Jefferson INDICTMENT? Go ahead, believe everything you see on the news, it has to be true right? Ask yourselves this, is there ever anything negative reported about democrats? FACT, the big three are bought and payed for by the left, you got Moveon.org and George Soros, CNN...NO they aren't bias!!! They would never report a negative word about Hillary, they want her to win. They have done their job well; bash the administration as much as possible so a Dem is sure to win the next election. It's so funny, they tell you Fox News, Hannity and Rush are wrong and that's why you bash them. Here's a little secret...they don't want you to hear the truth that's why they're so quick to discredit them. I would bet that none of you have even listened or watched any of them. ROBOTS!

[godseyesore-2009]

Just ignore the idiotic blather from katg21.
Who cares what Clinton had under his desk..no one died. Bush has killed more americans that the terrorists did at WTC. Libby is just a fall guy for bush, like so many others in administration that are now showing how corrupt they have been in supporting bush's adjenda.

[katg21]

I'm sure we won't be quite as passionate about it as you Repubs but at least we will except that he's a crook and is going to jail. Sure couldn't expect that kind of reaction from a Republican about Bush or Cheney or Gonzo or Libby or...man the list just never ends on your side does it...
Posted by taddles at 10:46 AM : Jun 05, 2007

If they are convicted of a crime I will accept it. No matter what you think, Clinton broke the law by lying under oath just as Libby. It's our justice system and not even the almighty Clinton is above it. However, innocent until proven guilty only applies to democrats - republicans are always guilty in the court of public opinion before anything is even proven. Just look at what you all say about Bush, etc.; nothing has been proven yet you believe them guilty. Fitz was going to find Libby guilty on something or else he would look like a complete imbecile. The Val Plame case was a waste of time and tax payers money. Failing to recall something is hardly a reason to crucify a man...unless he's a republican of course.

[taddles-2009]

"Will you Libs be as passionate about William Jefferson serving time for his corruption crimes? Doubt it... Hypocrits. Compared to Jefferson, Libby's a saint. The double standards are ridiculous stop ignoring it already!
Posted by katg21 at 10:13 AM : Jun 05, 2007"

I'm sure we won't be quite as passionate about it as you Repubs but at least we will except that he's a crook and is going to jail. Sure couldn't expect that kind of reaction from a Republican about Bush or Cheney or Gonzo or Libby or...man the list just never ends on your side does it...

[katg21]

Will you Libs be as passionate about William Jefferson serving time for his corruption crimes? Doubt it... Hypocrits. Compared to Jefferson, Libby's a saint. The double standards are ridiculous stop ignoring it already!

[notblue]

It's time to punish Libby because of his lack of cooperation during yet another democratic witch hunt. He lied about not completely remembering a conversation he had a couple of years previously, it's a *** good thing the Dems brought this evil vilian to justice, just think the damge he could have caused to our nation. I for one think the millions spent by the Democrats prosecuting this smoke screen is money well spent. HA!HA!HA! what a bunch of garbage!

[aaabee-2009]

Not a peep from religious leaders whom this guy is supposed to represent....

Silence is acceptance.

[luvny-2009]

Nope little Skooter will be tucked away somewhere nice with a private room and bath. Bush will then set him free in 2008.

[ahrats]

Mr. Libby is a perfect example of the Bush administation. He's a nice except when your name is Wilson. He's a team player who going to jail in place of his boss. He should be in jail like the rest of the administation. He a great lair, just like the president, can do it with a staight face. He was privy to those who broke the law and took the fall for them. He's lucky he is not in the middle east where they would cut your tounge out for lying. I hope the judge gives him the maximum sentence allowed as a warning to the others in the Bush administration, we all know Bush is going to pardon him anyway.

[neoconrcrazy]

Give the schmuck 10 years and a bar of soap.

[katg21]

Poor Scooter! I wish someone would go after Sandy Berger already, where's the justice!!

[joenc-2009]

No Amnesty for Scooter.

[doctor--o]

Libby is a good start.

[socrates392]

He still has his license to practice law?
When is Libby's law license going to be revoked?

Posted by Terrapin78 at 03:42 PM : Jun 04, 2007

I'm guessing never. He is a pillar of society, remember. Why would anyone want to revoke the law license of an honest, heroic, faithful, upstanding citizen like Scooter Libby!?

My god, what is happening to this country? When a society lets its criminals serve as lawyers, you know it is really messed up! What will happen next? Will the town idiot be allowed to serve as president? Oh, wait, that already happened . . .

Welcome to bizarro America! ;-) Brought to you by the Pfizer, the Bu$h adminstration, and millions of clueless voters across America!

[tbweb]

All Scooter Libby has to do is start talking about a book deal and he'll be pardoned in a week! ROTFLMAO!!