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Re: mlsoft post# 276836

Tuesday, 07/03/2007 12:43:11 PM

Tuesday, July 03, 2007 12:43:11 PM

Post# of 495952
>>>the injustice and partisan politics came in a special prosecutor run amok<<<


Well, then explain why Libby felt compelled to lie 5 times to a grand jury defending himself against a non-issue. Nobody except the extreme hard right fringe of the country (thankfully an increasingly irrelevant bunch) has any compassion for his behavior.


"Shortly after Libby was convicted in March, three national public opinion polls found that seven in 10 Americans said they would oppose a pardon of Libby."

http://www.washingtonpost.com/wp-dyn/content/article/2007/07/02/AR2007070200825.html



And to repeat.......if the neoconservative argument you represent was valid, why did 3 conservative judges dismiss it as invalid......repeatedly?


>>>Not to mention that the sentence was excessive by any standard.<<<


Wrong again. Every single judge or attorney I have seen interviewed on the issue have said the same thing: Sentencing was in accordance with current guidelines.


"Assuming that Scooter doesn't have more than one previous conviction for something like DUI, he's got a guideline Offense Level of 17 or 20 points, with no other enhancements bringing it up or credits bringing it down. That's 24-30 months or 33-41 months. Keep in mind that the Judge can use his discretion to go outside the guidelines in any one of 3 ways: give Scooter 2 points off for accepting responsibility (which is unlikely, 'cause it'd require that either effectively confess guilt, ending any appeal hopes, or that the Judge find that the guy has accepted responsibility when he clearly hasn't -- but hey, Martha Stewart’s judge did exactly that); find that his age or health entitles him to some downward departure; or just scrap a bunch of time for shits and giggles.

My guess is 24 months -- the low end of the range for a 17 point offense level. There's also a possibility that the US Attorney could ask for a reduction under Rule 5K or Rule 35 for some sort of substantial assistance, but I wouldn’t hold my breath that Scooter's now going to help, and I wouldn't imagine that Fitzgerald is going to do anything unless Scooter can give up the secret information tying W to Saddaam in a gay sex-for-drugs scheme that took place in Rumsfeld's den."


http://sentencing.typepad.com/sentencing_law_and_policy/2007/03/more_libby_sent.html
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