Looking at the Libby Case from a Sentencing Perspective

Abstract

In March 2007, I. Lewis “Scooter” Libby was found guilty by a federal jury of obstruction of justice, two counts of perjury, and one count of lying to the FBI during an investigation surrounding the leak of the identity of CIA agent Valerie Wilson. Libby had already resigned from his position as chief of staff to Vice President Dick Cheney following his indictment on five felony counts. Speculation abounded as to what sentence Libby would receive and what actions, if any, the president would take in response. Though the events and controversy surrounding the leak investigation and the prosecution of Scooter Libby will long be of interest to political historians, the events and controversy surrounding his sentencing should be of immediate interest to anyone who follows federal sentencing law and policy. The Guideline calculations and the parties’ arguments at sentencing were contestable and controversial. The same could also be said for the initial sentencing decisions of District Judge Reggie Walton when he sentenced Libby to thirty months in prison and denied Libby bail pending appeal. Judge Walton also fined Libby $250,000 and ordered a two-year term of supervised release. But after Libby’s failed appeal of Judge Walton’s denial of bail, President Bush exercised his executive clemency power to commute Scooter Libby’s thirty-month prison sentence in its entirety (though he left in place Libby’s convictions, the fine, and the supervised release term). This Issue of the Federal Sentencing Reporter provides primary materials and commentary relating to events surrounding Libby’s initial sentencing and the subsequent commutation of his prison term. Though the Libby saga and its aftermath might be viewed in purely political terms, this Issue of FSR seeks to explore the Libby case through the lens of sentencing law and policy. The materials in this Issue provide varied perspectives on the Libby saga and sentencing lessons that might be drawn from it. This introduction reviews the essential sentencing features of the Libby case and previews the items in this Issue.