The Slammer for Scooter?

"Distinguished public servant. Generous mentor. Selfless friend. Devoted father." Thus begins I. Lewis (Scooter) Libby's 33-page sentencing memorandum, a recommendation by lawyers representing the convicted White House official to Judge Reggie Walton, who will announce Libby's sentence on June 5. Libby's advocates cite "more than 160 heartfelt letters submitted to the Court on his behalf" from "administrative assistants to admirals, neighborhood friends to former colleagues, [and] Democrats to Republicans" (excerpts below and on Pages 2 through 6; for the full document click here).

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The letters themselves have not yet been publicly released (footnote, Page 2), but according to the sentencing memo, they all attest to "Mr. Libby's decency, work ethic, and quiet patriotism" and demonstrate his "strong moral character," (Page 3), family devotion (Page 4), and "great contributions to the public interest" (including his help bringing "an end to the Marcos dictatorship"; see Page 2). Libby's attorneys ask the court to consider "the extent to which conviction alone is devastating" (see Page 5: "It is unlikely that he will be able to return to the private practice of law," and "whatever employment he obtains is not likely to be commensurate with his unique skills and abilities"). They note, plausibly, that Libby "is highly unlikely to commit a criminal offense in the future." In conclusion, the memo recommends a sentence that "would allow Mr. Libby to continue serving the public interest, and … still promote respect for the law," for example, "probation, perhaps combined with community service alternatives" (Page 6).

Special Counsel U.S. Attorney Patrick Fitzgerald, who prosecuted Libby, also wrote a sentencing memorandum citing the seriousness of the defendant's conduct and offenses (Pages 7 through 11; for the full 18-page document click here). Fitzgerald does not deny that Libby "worked long hours for the government under great stress, when he could have earned a more lucrative salary in the private practice of law" (Page 9). But he notes that the defendant "lied about nearly everything that mattered" (Page 8) and that he shows "no regret for his actions, which significantly impeded the investigation." Fitzgerald's more stringent suggestion of appropriate sentence: "a term of imprisonment within the applicable range of 30 to 37 months" (Page 11).

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