Shorter Fitz: No One Is Above the Law

by emptywheel

It's hard to read Fitzgerald's Sentencing Memorandum outside of the context of the USA Purge, particularly when you read this sentence:

The judicial system has not corruptly mistreated Mr. Libby; Mr. Libby has been found by a jury of his peers to have corrupted the judicial system.

Somehow, every time I read the sentence, I read, "Mr. Libby and his peers have been found by a jury to have corrupted the judicial system." I'm misreading, I know, but I can't help myself. Give it time, emptywheel.

Fitzgerald is responding to the claims of all of Libby's friends who have sent letters in his support. Some, apparently, argued that since Libby worked long hours he should not be subject to the law.

However, some of those who spoke to the Probation Office on Mr. Libby’s behalf advocate that his service in the public sector should excuse him from imposition of any punishment for his crimes. [Followed by one redacted sentence presumably providing an example.]

More troubling, others [who may or may not be named Toensing] argued that the legendarily independent Fitzgerald (and presumably, John Ashcroft) pursued this investigation out of politics.

Others of Mr. Libby’s friends and associates interviewed for the Presentence Investigation Report assert that his prosecution was unwarranted, unjust, and motivated by politics. [Followed by a paragraph of redacted quotes]

Fitzgerald responds to such BS by emphasizing the importance of an independent judiciary, one to which every citizen is subject.

In many respects, the manner in which witnesses from the President to ordinary citizens participated in this criminal investigation, disclosing to investigators information that few of them were eager to share, with the guidance of the courts when disputes arose, is a testament to the strength of a fundamental principle of our nation’s justice system: that the law is entitled to every man’s evidence.

[snip]

Mr. Libby’s prosecution was based not upon politics but upon his own conduct, as well as upon a principle fundamental to preserving our judicial system’s independence from politics: that any witness, whatever his political affiliation, whatever his views on any policy or national issue, whether he works in the White House or drives a truck to earn a living, must tell the truth when he raises his hand and takes an oath in a judicial proceeding, or gives a statement to federal law enforcement officers.

I'll do another post running through the notable details shortly. But for now, here's your moment paragraph of zen Fitzgerald snark.

While the disappointment of Mr. Libby’s friends and supporters is understandable, it is inappropriate to deride the judicial process as “politics at its worst” on behalf of a defendant who, the evidence has established beyond a reasonable doubt, showed contempt for the judicial process when he obstructed justice by repeatedly lying under oath about material matters in a serious criminal investigation.

Comments

[Woodhall Hollow]

Whether he works in the White House or he drives a truck!!!!!!

Beeeyoootiful snark Mr Fitz!

[pontificator]

Have Libby's lawyers filed their sentencing memorandum yet? My understanding is they were supposed to file theirs today as well.

[pontificator]

The link to Fitz's sentencing memorandum is broken

[emptywheel]

pontificator

Will fix that link. Apparently there's a problem with teh docketing given the holiday weekend.

[Jeff]

For my money, the biggest piece of news in Fitzgerald's memorandum is that investigators were convinced from early on that Plame was indeed covert under the definition of IIPA:

First, it was clear from very early in the investigation that Ms. Wilson qualified under the relevant statute (Title 50, United States Code, Section 421) as a covert agent whose identity had been disclosed
by public officials, including Mr. Libby, to the press. (p. 12)

One of Toensing's key arguments is completely dismantled by that. Plame was covert under the IIPA, as far as the government was concerned.

[emptywheel]

Not that I've ever doubted that--though it's a classic Fitz reveal. And it won't make a difference. There's no stopping the Toensings...

[Woodhall Hollow]

Thanks for fixing the link. That is some document. Esp the part where he seems to clearly allude to the VP (and Bush?) as part of a larger conspiracy (the harping on how LIbby kept Cheney in the loop). But couldn't get to them because he took a hit for the team lied his ass off.

[pontificator]

Thanks for fixing the link. It appears that the Defense Sentencing Memorandum is due today as well. My guess is it'll be filed at approximately 11:59pm.

Fitzgerald revealed quite a bit about his thought process during the entirety of the investigation. It's a great look into the mind of a responsible and ethical prosecutor.

[Markinsanfran]

"Politically motivated" my ass. These guys are really starting to sound like automatons. Unfortunately for them, this kind of crap only works on the portion of the general pubic that really doesn't pay much attention anyway, in the hope that it might stick in their little minds. It is mystifying to me why they would send such drivel to people who are in an excellent position of know with certainly that such allegations are complete crap.

[Sailmaker]

Mind boggles. Who taught these folks the art of the persuasive essay? Convince the court that the court should ease up on Libby's sentence because the court has been not just, but politicized?

Will these people see the irony of their demands? Decrying politization of the judicial system while they themselves are doing the policialization. =0

[Quzi]

No one is above the law is what endears Fitz and his work to so many everyday citizens...and of course his writing is so succint and wonderful. Thanks EW for both posts!

[Quzi]

typo "succinct"

[kim]

EW, amy opinions about why we haven't heard more from Tenet about Plame (now that his book is out)? Don't I remember that he was supposed to testify for Congress?

[Neil]

In light of the foregoing, it is respectfully submitted that Mr. Libby should be sentenced to a term of imprisonment within the applicable range of 30 to 37 months as set forth in a separate memorandum being filed today addressing the sentencing guidelines calculations. It is respectfully submitted that the sentencing range is reasonable and appropriate and that the Court should determine the precise sentence within that range in light of all the factors set forth in Title 18, United States Code, Section 3553(a).

...which is twice the minimum and 3 months short of twice the maximum under federal sentencing guidelines according to Gerstein's article in the NY Sun link

[Neil]

give or take a month