I. Lewis “Scooter” Libby stood before federal district court Judge Reggie Walton. It was finally the moment for Vice President Dick Cheney’s chief of staff to speak. The sentencing hearing was coming to an end; Walton was about to pronounce the punishment Libby would face for having obstructed justice in the CIA leak case. Libby, who did not testify during the trial, thanked the court for showing him and his defense team consideration during the proceedings. He told the judge, “It is…my hope the court will consider…my whole life.”
That was it. No apology. No expression of remorse.
Then Walton sentenced Libby to 30 months in jail and a $250,000 fine. Libby didn’t flinch. His wife, Harriet Grant, cried. Notable conservatives in the front row of the crowded courtroom–Mary Matalin, Barbara Comstock, and Victoria Toensing–appeared shocked.
Special prosecutor Patrick Fitzgerald had asked Walton to incarcerate Libby for 30 to 37 months. At the hearing, prior to Walton’s ruling, Libby’s defense attorneys–Ted Wells and William Jeffress Jr.–contended that Libby should get off with probation. They threw several arguments at the judge. First, they claimed that the toughest sentencing guides should not be applied to Libby, echoing an argument put forward by Libby’s champions in rightwing circles: Nobody was ever charged with leaking the identity of Valerie Plame Wilson, so the whole case was not such a big deal. Walton did not bite. Citing appeals court decisions, he noted that in an obstruction of justice case it’s the investigation that counts, not the ultimate outcome of the investigation. “Your position,” Walton told Jeffress, “would seem to promote someone aggressively engaging in obstruction behavior.”
Next, Jeffress asserted that no one really knew if Valerie Wilson had been a covert CIA officer covered by the Intelligence Identities Protection Act and suggested this ought to be a mitigating factor. (In a recent court filing, Fitzgerald declared, “It was clear from very early in the investigation that Ms. Wilson qualified under the relevant statute [the Intelligence Identities Protection Act] as a covert agent whose identity had been disclosed by public officials, including Mr. Libby, to the press.”) Walton, with his voice rising, outlined the case: “The CIA believes one of its agents was improperly outed….They had a legitimate concern. So they contact the Justice Department and they say this needs to be investigated….And the Justice Department…goes to investigate and they make inquiries….And that person lies.” Walton went on: “When law enforcement officials…initiate an investigation…it is the obligation of the American citizenry to be honest and forthright.” And Fitzgerald, wearing a gray rumpled suit, added that Libby’s lie to those investigating the Plame leak created “a house of mirrors” and made it more difficult for the investigators to “sort out the truth.”