Judge Who Sentenced Libby Slams the Bush Commutation

Posted by Guest Blogger at 11:00 AM on July 13, 2007.

Jane Hamsher: The Bush appointed judge who sentenced Libby to 30 months in jail, weighs in on the absurdity of Bush's interference in the case.

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Judge Reggie B. Walton

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This post, written by Jane Hamsher, originally appeared on FireDogLake

Judge Walton weighs in (PDF):

In commuting the defendant’s thirty-month term of incarceration, the President stated that the sentence imposed by this Court was “excessive” and that two years of supervised release and a $250,000 alone are a “harsh punishment” for an individual convicted on multiple counts of perjury, obstruction of justice, and making false statements to federal investigators. Although it is certainly the President’s prerogative to justify the exercise of his constitutional commutation power in whatever manner he chooses (or even to decline to provide a reason for his actions altogether), the Court notes that the term of incarceration imposed in this case was determined after a careful consideration of each of the requite statutory factors, and was consistent with the bottom end of the applicable sentencing range as properly calculated under the United Stats Sentencing Guidelines.

Indeed, only recently the President’s Attorney General called for the passage of legislation to “restore the binding nature of the sentencing guidelines so that the bottom of the recommended sentencing range would be a minimum for judges, not merely a suggestion,” a stance that is fully consonant with the policies of this Administration as a whole. In light of these considerations, and given the indisputable importance of “provid[ing] certainty and fairness in sentencing . . . [and] avoid[ing] unwarranted sentencing disparities,” it is fair to say that the Court is somewhat perplexed as to how its sentence could be accurately be characterized as “excessive.” (my emphasis).

When guys like Walton, Fitzgerald and Comey loosen their ties and knock back a couple of beers, you gotta wonder what they are saying privately. I’m gonna guess that “well, the President was well within his rights, let’s all just ‘move on’” is probably not going to be uttered.

Tagged as: bush, libby, walton

Jane Hamsher is the founder of FireDogLake

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impeachment [Report this comment] Posted by: gsaephanh on Jul 13, 2007 1:25 PM Current rating: 5 [1 = poor; 5 = excellent] Call in your vote TODAY for impeaching Bush and Cheney at this number: 202-225-0100 House Speaker Nancy Pelosi’s office is taking calls voting for Impeachment of Bush/Cheney at 202-225-0100. PLEASE CALL TODAY. At the toll free capitol switchboard #s below, you can also call your particular district’s congressional representative to insist that they support impeachment for Cheney. E.g., for Rep. Dennis Kucinich’s H Res 333 for Cheney; please say: “In addition to supporting Kucinich’s bill H Res 333, I would also support a similar Impeachment Resolution against Bush, especially after the disgraceful Scooter Libby sentence “commuting” and the following issues: wiretapping, torture, numerous 9/11 intelligence misrepresentations, the continued occupation of Iraq, gross negligence during Hurrican Katrina, the Valerie Plame CIA leak, […list your other grounds…] ..”[see resolutions on tab #2 for other grounds for impeachment]). LANIC requests that Americans call today…Not tomorrow or next week. Every call adds to the extraordinary grasswoots and nationwide movement’s pressures on House Speaker Pelosi to act now .before further innocent lives are lost in Iraq and elsewhere. Last week 28 Americans lost their lives. Over the July 4, 2007 weekend over 400 Iraqis lost their lives… SEND MAIL TO HOUSE SPEAKER NANCY PELOSI: Attn: Nancy Pelosi, House Representative/Speaker of the House, 235 Cannon H.O.B., Washington, DC 20515 ; Pelosi’s Fax # 202 225-8259 Pelosi’s e-mail address : Americanvoices@mail.house.gov CC her at: sf.nancy@mail.house.gov Please send her a pro-impeachment email and a specific call to endorse H Res 333. Note: On Saturdays/Sundays, Pelosi’s office has a comment line at which you can leave a voicemail. Your message will be transcribed and relayed to her. Please do encourage your family/friends to contact the same number. Refer them to www.bcimpeach.com for the actual telephone #s & contact info. Find out who your Congressional representative is and call that person. For toll free numbers to your Congress rep: (800) 828 – 0498; (800) 459 – 1887; or (866) 340 – 9281. You will be connected once you name your congress person. The staff aid should take detailed notes and provided to the Congressional representative. Final Note: Please say “I support Impeachment based on ____. I’d like to know where “[representative name]” stands on this issue.” Let’s strike while the Libby fury keeps the iron hot! Please call and Act Now! PLEASE ALSO CONTACT THESE KEY CONGRESSIONAL REPS RE IMPEACHMENT: Representative Capitol Phone Capitol Fax Howard Berman 202-225-4695 202-225-3196 & 818-944-7200 818-994-1050 MAILING ADDRESS FOR BERMAN Congressman Howard L. Berman 14546 Hamlin Street, Suite 202 Van Nuys, CA 91411 Henry Waxman 202-225-3976 202-225-4099 Loreta Sanchez 202 225-2965 202-225-5859 D. Watson 202 225-7084 202-225-2422 LindaSanchez 202 225-6676 202-226-1012 L. Solis 202 225-5464 202-225-5467 A. G. Eshoo 202 225-8104 202-225-8890 L. Roybal/Allard 202 225-1766 202-225-0350 http://www.bcimpeach.com/ [« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5] Might a defense attorney representing someone else accused of perjury.... [Report this comment] Posted by: johngary66 on Jul 14, 2007 3:56 PM Current rating: 5 [1 = poor; 5 = excellent] now insist on the same treatment as Libby recieved? In the interest of just and equal sentencing under the law I would think so. If I were a judge I would rule for the defendent at least once in protest. Presidential pardons and computations need to be ended in anyway possible. This whole episodes needs to blow up in the idiot chimps face! [« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5] yes, he does look like a chimp - [Report this comment] Posted by: gregii on Jul 14, 2007 6:44 PM Current rating: 5 [1 = poor; 5 = excellent] You've got it... [« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

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