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March 6, 2007

Comparing Lewis Libby and Victor Rita

Among the fascinating aspects of Lewis Libby's now upcoming sentencing is that his high-profile case resembles in various ways the case of Victor Rita, the defendant whose 33-month (within-guideline) sentence is currently under review by the US Supreme Court.  I detailed some Libby-Rita parallels in this post last month, and here are the major highlights.

1.  The parallel nature of the crimes.  Like Lewis Libby, Victor Rita got caught up in a criminal investigation and ultimately was indicted on five felony counts based on allegations that he lied under oath as part of the investigation.  And, like Libby, Victor Rita asserted his innocence and exercised his right to a jury trial.  (Victor was convicted of all five counts at trial; Libby's was acquitted on one of five counts, but that may not matter much for sentencing purposes.)

2.  The parallel personal history.  Like Lewis Libby, Victor Rita is an atypical federal defendant because of his career in government service.  Rita served 24 years in the Marine Corps, had tours of duty in Vietnam and the first Gulf war, received over 35 military medals and awards.  Libby's pre-conviction resume is (equally?) impressive.  The federal guidelines do not provide any formal breaks for government service or prior good works.  But, with Booker making the guidelines advisory, federal judges have more discretion to consider these matters at sentencing (though Rita's sentencing judge decided just to follow the guidelines).

Since Victor Rita's crimes seems, in context, to be less serious than Lewis Libby's crimes, I view Rita's 33-month sentence as a possible benchmark for Libby's sentence.  Moreover, I have heard that Judge Walton has a reputation as a tough sentencing judge, and so Victor Rita's 33 month sentence might even be viewed as just a floor for considering Libby's fate.

JULY 2007 UPDATE:  Welcome Huffington Post readers!  For more on Victor Rita's case and fate, check out more recent posts here and here.  For lots more Bush commutation discussion, check out the latest Libby posts.

March 6, 2007 at 03:52 PM | Permalink

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» Round-Up from SCOTUSblog
In today's New York Times, Linda Greenhouse has this column discussing the direction of the Roberts Court, the "see-saw argument schedule", and Justice Ginsburg's lost shoe. At Legalities, Jan Crawford Greenburg updated this post in response to Greenho... [Read More]

Tracked on Mar 7, 2007 4:24:59 PM

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Former Vice-Presidential Chief of Staff Scooter Libby will be sentenced today on four felony counts. UPDATE: Doug Berman notes the similarities between Libby's case and a party in a major sentencing case currently pending before the Supreme Court: 1.&n... [Read More]

Tracked on Jun 5, 2007 11:17:24 AM

Comments

On the other hand, if you compare to a recent political perjury conviction, Thomas Finneran was sentenced to unsupervised probation after pleading guilty in January to obstruction of justice. He was Speaker of the House during the post-2000 redistricting in Massachusetts. In a trial over voting rights violations he testified that he did not follow the redistricting process closely. The First Circuit noted that his claim was implausible, and the U.S. Attorney agreed. The Boston Globe reported that Finneran was facing 16-21 months if convicted after trial.

Posted by: John Carr | Mar 6, 2007 5:07:18 PM

spelling police:

medal not metal.

Posted by: | Jul 4, 2007 12:02:55 AM

If you think abou it.....it really is sad isn't it?

I never thought I would see our own government crumble before my very eyes.

Happy July 4th

Jack Jett

Posted by: Jack Jett | Jul 4, 2007 12:59:27 AM

Lewis Libby lied in an investigation about who revealed a covert American intelligence operative. Lewis Libby obstructed justice to apparently hide Republican Vice Dick Cheney's complicity in the unlawful affair. Republican President Bush chose to give his party "get of jail free" cards for effectively destroying what ended up being a very fair an just sentence to a very sordid political attack on opponents who were trying to get the truth out. Nobody knows how badly America's intelligence operations were damaged by the Republican machinations, but the Republicans effectively gutted American intelligence agents belief that they wouldn't be revealed by their own government.

Posted by: Justice Lost | Jul 4, 2007 2:07:59 AM

Libby in the capacity of a government official deserves even more time and if you consider the outcome of the underlying lies that got us into invading Iraq it is a more serious matter of War Crimes against humanity.

however, it is the civil claim by the damaged parties that will prevail in this world of commerce.

Posted by: amadeus | Jul 4, 2007 7:27:32 AM

Libby in the capacity of a government official deserves even more time and if you consider the outcome of the underlying lies that got us into invading Iraq it is a more serious matter of War Crimes against humanity.

however, it is the civil claim by the damaged parties that will prevail in this world of commerce.

Posted by: amadeus | Jul 4, 2007 7:28:27 AM

Libby in the capacity of a government official deserves even more time and if you consider the outcome of the underlying lies that got us into invading Iraq it is a more serious matter of War Crimes against humanity.

however, it is the civil claim by the damaged parties that will prevail in this world of commerce.

Posted by: amadeus | Jul 4, 2007 7:28:32 AM

Libby in the capacity of a government official deserves even more time and if you consider the outcome of the underlying lies that got us into invading Iraq it is a more serious matter of War Crimes against humanity.

however, it is the civil claim by the damaged parties that will prevail in this world of commerce.

Posted by: amadeus | Jul 4, 2007 7:28:37 AM

unequal justice for equal crimes! that's the White House's secret motto...

Posted by: Pete_Bogs | Jul 4, 2007 9:14:42 AM

Pardon Victor Rita!

Posted by: mainmonkey | Jul 4, 2007 10:09:09 AM

George W. Bush would never consider the relative merits of Libby's case vs. someone else's, for a number of reasons, #5 being the most important (see my website for information about me):

1) Bush isn't bright enough to comprehend such things.

2) Bush doesn't give a rat's ass about what's fair.

3) Bush needs to please his shaky right-wing base.

4) Bush loves it when "liberals" fume over what he does.

5) Libby knows too much about stolen elections, 9/11, torture, secret prisons, illegal spying, etc. and Bush and Cheney can't take the chance that he'd spill all the beans.

Posted by: Robert L. Mills | Jul 4, 2007 11:05:09 AM

One thing left out was what was the investigation Victor Rita was a part of. Was it a crime or noncrime that the perpetrator was already known? And they were asking Victor Rita when was the last time he spoke to this individual and he got the date wrong? Some importatnt details are being left out.

Posted by: allword | Jul 4, 2007 12:18:56 PM

But Victor does not know what Scooter knows.

Posted by: Dan Fromhoff | Jul 4, 2007 12:22:18 PM

No apt comparison here. REMEMBER: All those who "outed" Valerie Plame walked; "Scooter" Libby who didn't shouldn't go to prison.

http://osi-speaks.blogspot.com/2007/07/though-premature-bushs-commutation-of.html#links

Posted by: KYJurisDoctor | Jul 4, 2007 2:42:37 PM

No apt comparison here. REMEMBER: All those who "outed" Valerie Plame walked; "Scooter" Libby who didn't shouldn't go to prison.

http://osi-speaks.blogspot.com/2007/07/though-premature-bushs-commutation-of.html#links

Posted by: KYJurisDoctor | Jul 4, 2007 2:42:44 PM

Those who "outed" Valerie Plame walked because Scooter obstructed justice. Libby should go to prison.

Posted by: Boom | Jul 4, 2007 3:09:02 PM

You can't compare Finneran's plea deal to Libby's sentence after trial. I can guarantee that Libby was offered a plea deal that was much better than 30 months. Of course he probably knew that a plea deal was of no use to him and that he ultimately would be taken care of.

Posted by: Brendan Penney | Jul 4, 2007 3:30:09 PM

On this 4th I would feel estactic if I could read headlines that say "Geo. Bush assassinated with D. Cheny by El Quita".

I recomemed that you lawyers move your practive to Lebanon where they will have all of you for lunch. Obviously your services are no longer needed now that the US has fallen. Who believes in you?

Posted by: Gary Gooderum | Jul 4, 2007 3:38:39 PM

"MEDALS" "MEDALS"!!
It is extremely pathetic to view the outcomes of these two parallel cases. Ofcourse, anyone with a little common sense would have foreseen this coming once ole 'Scoot' was sentenced. It wasn't The Commander Guy's decision to commute his sentence, he doesn't have (not has he ever had) the intelligence for such a maneuver. It was the Vice Commander Guy who made this decision the same as he makes all other decisions out of the Great White Dome! Could someone please test out some "stuff" in the atmosphere around that area?

Posted by: John Doe | Jul 4, 2007 5:07:07 PM

Did Rita have the capacity to put Dick Cheney in jail? If not, then who gives a damn? Certainly not a our sock puppet in chief.

Posted by: NYBOOMER | Jul 4, 2007 5:25:38 PM

Impeachment is the only solution.

Posted by: [email protected] | Jul 4, 2007 6:16:10 PM

to those who have bought the a-factual "no comparison" talking points from the anti-law-and-order rightists: Fitzgerald's investigation in fact determined that Libby outed Plame to Judith Miller of the NY times on three separate occasions, twice before armitage did so to novak. Libby also outed Plame to reporter Matt Cooper, and outed her to Ari Fleischer, who passed the information on to at least one other reporter. libby also obstructed this GOP prosecutor's effort to get at the truth by lying to and misleading investigators. those crimes by a member of the white house staff are incredibly severe. finally, read this, from James Madison: "If the President be connected in any suspicious manner with any person and there be grounds to believe that he will shelter him, he may be impeached." his point: if a president pardons a man in an effort to shelter him from the truth or consequences of his actions, that president has abused his power. under our system of checks and balances, the only check on an illicit or illegal pardon is impeachment.

Posted by: eyeball | Jul 4, 2007 7:06:13 PM

Bush Commutation Flashback - Karla Faye Tucker:
when his allies on the religious right pressured him to spare murderess turned jailhouse born-again Christian Karla Faye Tucker, Governor Bush displayed his trademark resolve - and compassion. As Time recounted in 1999:

Tucker Carlson of Talk magazine described the smirk Bush wore as he mimicked convicted murderer turned Christian Karla Faye Tucker begging, "Please don't kill me," something she never actually did.

For the details, see:
"The Consistent Inconsistency of George W. Bush."

Posted by: Angry One | Jul 4, 2007 7:38:09 PM

Actually if you look at the underlying crime and how much death and destruction were caused by these people, I believe he got off too easy.

Libby couldnt "remember" conversations with his boss that eventually led to war and thousands of deaths ? Clearly obstructing justice. Should have been executed for Treason in my humble opinion.

Posted by: Keith Miller | Jul 4, 2007 9:12:48 PM

Libby must be impaled.

.

Posted by: The Falcon of the Adirondacks | Jul 4, 2007 10:01:55 PM

http://proctoringcongress.blogspot.com/search/label/Victor%20Rita

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

http://jurist.law.pitt.edu/jurist_search.php?q=victor%20rita%20supreme%20court%20decision

Posted by: E Z Rider | Jul 4, 2007 10:30:22 PM

wow you soscialists realy are the down fall of america. DOWN WITH BIG GOV.

Posted by: Ronnald Regan | Jul 4, 2007 11:18:41 PM

You are legitimizing something that does not deserve legitimizing for God's sake. Dont' even waste your time analyzing this because these people are liars and crooks. Crooks and liars. Gee...this is a great name for a website...

Spend time as to why they are still in power. Analyze this. Why in the face of such incredible crimes, are they still runnning the United States of America? Analyze just what is an utterly failed
democracy.

Posted by: FromthePitofDespair1 | Jul 4, 2007 11:53:37 PM

Well, we already know who 'outed' the 'non-covert' Valerie Plame. It was Richard Armitage, who was never charged for some strange reason.
Scooter was convicted because his memory of events differed from that of Tim Russert's.

Scooter didn't out an agents. He should go to prison for 2 yrs because faulty memory is now construed as lying? What did you have for dinner 2 weeks ago Thursday?

Bush did the right thing.

Posted by: Kevroy | Jul 5, 2007 12:08:51 AM

Well, we already know who 'outed' the 'non-covert' Valerie Plame. It was Richard Armitage, who was never charged for some strange reason.
Scooter was convicted because his memory of events differed from that of Tim Russert's.

Scooter didn't out an agents. He should go to prison for 2 yrs because faulty memory is now construed as lying? What did you have for dinner 2 weeks ago Thursday?

Bush did the right thing.

Posted by: Kevroy | Jul 5, 2007 12:11:37 AM

The only solution to stop this group of rich white corporate pandering thugs in the White House is to impeach and then try them for treason. Especially Dick Cheney. Then once convicted hang the bastards from a sturdy oak tree for all to witness and take notice that We the People will not stand for these types in our government.

Posted by: Stev | Jul 5, 2007 1:21:11 AM

In traveling abroad the past three years, almost everyone with whom I spoke, upon learning that I am an American, asks how it is possible that we elected Bush in 2000, and incredibly again in 2004. I answer that Americans fear and fret to excess. Katherine Harris, Jeb Bush, and the US Supreme Court awarded to 2000 election to Bush. In 2004 the right-wing machine motivated the security moms and we got a second dose of Bush. I am not at all surprised at the Valerie Plame/Scooter Libby events. No one got punished. The $250,000 fine for Scooter will be taken care of by the neocons, and he will never worry about employment again. He is the good soldier who seemingly was going to take a bullet, but in the end, goes free. Who, with more than two brain cells rubbing together, can bear to watch Bush, Cheney, Rice, Gates, etc. Bush, when he has to speak without a script, looks like a moron. He bites his lip and his pauses are painful to watch. History will judge him and his evil crew very harshly. From a professor.

Posted by: Nelchael | Jul 5, 2007 5:12:52 AM

In traveling abroad the past three years, almost everyone with whom I spoke, upon learning that I am an American, asks how it is possible that we elected Bush in 2000, and incredibly again in 2004. I answer that Americans fear and fret to excess. Katherine Harris, Jeb Bush, and the US Supreme Court awarded to 2000 election to Bush. In 2004 the right-wing machine motivated the security moms and we got a second dose of Bush. I am not at all surprised at the Valerie Plame/Scooter Libby events. No one got punished. The $250,000 fine for Scooter will be taken care of by the neocons, and he will never worry about employment again. He is the good soldier who seemingly was going to take a bullet, but in the end, goes free. Who, with more than two brain cells rubbing together, can bear to watch Bush, Cheney, Rice, Gates, etc. Bush, when he has to speak without a script, looks like a moron. He bites his lip and his pauses are painful to watch. History will judge him and his evil crew very harshly. From a professor.

Posted by: Nelchael | Jul 5, 2007 5:13:35 AM

In traveling abroad the past three years, almost everyone with whom I spoke, upon learning that I am an American, asks how it is possible that we elected Bush in 2000, and incredibly again in 2004. I answer that Americans fear and fret to excess. Katherine Harris, Jeb Bush, and the US Supreme Court awarded to 2000 election to Bush. In 2004 the right-wing machine motivated the security moms and we got a second dose of Bush. I am not at all surprised at the Valerie Plame/Scooter Libby events. No one got punished. The $250,000 fine for Scooter will be taken care of by the neocons, and he will never worry about employment again. He is the good soldier who seemingly was going to take a bullet, but in the end, goes free. Who, with more than two brain cells rubbing together, can bear to watch Bush, Cheney, Rice, Gates, etc. Bush, when he has to speak without a script, looks like a moron. He bites his lip and his pauses are painful to watch. History will judge him and his evil crew very harshly. From a professor.

Posted by: Nelchael | Jul 5, 2007 5:13:40 AM

Libby holds the dagger at Bush and Cheney's Achilles heel. Libby knows who forged the Niger yellow cake letter. If he was forced to sit in jail for 30 months they are scared to death that Libby would tell the world who ordered the forgery. The administration can dodge and weave about the prewar intelligence and whether they lied to the public. But, the Niger yellow cake forgery was undeniably a lie designed to panic us into going to war. And that is a simple, easy to understand impeachable offense that even the 20 percenters would get.

Posted by: Gail | Jul 5, 2007 6:47:41 AM

It is time now to do to Bush what was done to Nixon.
This President has ignored the will of the jury and the decision of the judge.
He is not above the Law, even though he has the power to commute. There are guidelines to that commute.
The House and Senate must now come together and do the will of the people.
Pelosi and Reid must do the job we asked them to do... IMPEACH!

Posted by: Larry | Jul 5, 2007 7:16:05 AM

What is funny about the Niger forgeries is that hardly anyone, is following the story of the robbery at the Niger embassy,,,,, a few weeks before anyone even knew there is a country called Niger.( I don't have the link to this story but it is out there)
The only things apparently taken was some stationary and some official seals.
This gang at the white house probably doesn't need us to take a closer look at that, not with all their longterm connections re; spooks and spook-like activity...
Would be interesting to see where that investigation would go...:)

Posted by: jackie | Jul 5, 2007 7:18:00 AM

THE TRUTH: Joe Wilson is a Democrat who worked as a US diplomat in Africa, on and off from 1976 to 1995. Wilson's wife Valerie Plame worked as a CIA "non-official cover" posing as an energy analyst for a fake company called Brewster Jennings & Associates in 1999. In 2003, when newspaper articles "outed" Plame, she was no longer working as a NOC. In 2003, Wilson wrote several politically charged newspaper articles stating that his 2002 CIA mission to Niger debunked Bush's claim that Iraq sought yellowcake from Niger. Wilson claimed that Bush had lied in order to gain public support to invade Iraq. But if Niger officials had sold uranium to Iraq, why would they tell Wilson? Wilson's inflammatory articles made administration officials wonder how Wilson got a job at the CIA. Journalists questioned Wilson’s outrageous claims. Wilson's political attacks were revealed as partisan politics after reporters found that Plame had donated $1000 to Al Gore in 1999 and listed Brewster (the CIA front) as her employer. When journalists realized that Brewster was not an actual company, they dug deeper. Richard Armitage confirmed that Plame worked for the CIA, which explained why Brewster Jennings & Associates was not a real firm and how Wilson got a job with the CIA. Now Libby’s jail sentence for lying has been commuted by President Bush, and Democrats claim the US Constitution has been “trampled.” What a joke. Democrats are pathetic.

Posted by: southerntemper | Jul 5, 2007 7:19:58 AM

Bush was right to commute Libby's sentence. BJ Clinton got no jail time for lying to a grand jury, while Libby got 3 years for lying. The whole Plame case was such a disgusting example of party politics: Joe Wilson and Valerie Plame are flaming Democrats who trumped up this whole ridiculous case as a political smear campaign and witch hunt against Republicans. Plame had not worked as a covert agent since 1999, when she donated $1000 to Al Gore's political campaign. And Libby didn't reveal her identity, Richard Armitage did. If anyone should be put in jail, it's Joe Wilson. Wilson used his wife to get a job with the CIA as a diplomat to Niger in Africa, where he interviewed former Niger government officials about Iraq trying to buy uranium oxide (as if those officials would have admitted anything to Wilson). When he returned, Wilson wrote a series of newspaper articles to smear President Bush, claiming the administration lied to the public to justify the Iraq invasion. Every journalist immediately wanted to know who Wilson was, and if his allegations were true. Any journalist with half a brain could research the employer Valerie Plame claimed on her 1999 FEC form (a non-existent front company called Brewster Jennings & Associates, with no home office address and no phone number) and find out that she worked for the CIA. So Joe Wilson should be in jail for revealing his wife's job through his partisan political attacks on the Bush administration. If any of you Dems still don't think this whole issue is a joke, and you need to be educated further, just let me know. Bush-haters, beware! Republicans will win in 2008, because over half of America disagrees with the unrealistic Democrat vision of a new socialist utopia.

Posted by: southerntemper | Jul 5, 2007 7:26:39 AM

Scooter Libby and a Monopoly on Justice
for release 07-04-07
Washington DC
by Lighting Rod

Let's talk about the punishment fitting the crime. Ok, Mr. President, you have chosen to pardon your buddy's buddy, Scooter Libby. Let me rephrase that. You have 'Decided' to commute Scooter's jail time. After all, you are The Decider. You gave Scooter a Get Out of Jail Free card because he fell on his sword for the sake of the regime. And also, you remind us, because the punishment didn't fit the crime.

For the past seven years, I have been a fugitive from the law. There is a Blue Warrant out on me. If a cop walked up to me and said, "Can I see some ID?," I would go directly to jail and not pass Go. Why am I a fugitive? Because the State maintains that I committed the terrible crime of not reporting a change of address to my parole office in a timely fashion. Oops, it was a Chance card.

As my punishment, I have been assigned to the status of non-citizen. I can't drive or go near an airport. I can't travel to a foreign country. I can't get a marriage license or a passport. I have been disappeared. All because of a 'crime' that is really only a paperwork snafu. Does the punishment fit the crime, Mr. President? I'm raising my hand here. If you are passing out Get Out of Jail Free cards, yes, I'm raising my hand.

Oh, I know that I haven't been faithful to your theory of government, Mr President. I didn't fall on my sword for you like Scooter did. I've been a different type of pain in the side. But as long as you are showing mercy and adjusting the scales of justice like Solomon, would you please consider a pardon for me? I don't think the punishment in my case hardly fit the crime.

I guess it comes down to whether you live on Boardwalk or on Mediterranean Ave. if you go to jail, go directly to jail and not pass go, then you probably live on Mediterranean Ave. If all you have to do is give up the $250,000 that you made because you own the Utility Company, or your friends own it, then you likely live on Boardwalk like Scooter does. That sort of tilts the board in either the game of justice or Monopoly, doesn't it Mr. President? But you hold all the cards, both Chance and Community Chest.

A president can print Get Out of Jail Free cards as easily as he can print money. He is the Decider in Chief. He directs the railroads from the B&O to the Shortline. He can increase the Income Tax and decrease the Luxury Tax. And he can decide if you are In Jail or Just Visiting.

I'm throwing myself on your mercy, Mr. President. Let the punishment fit the crime. I'm asking you to commute my sentence. (would it help if I got a cuddly name like Scooter or Turd Blossom?)

The Poet's Eye sees that the key to Monopoly and Justice is the Chance card. There are two Chance spaces on the Monopoly board, just like there are zero's and double-zero's on a roulette wheel. It's the house edge. If you live on Mediterranean Ave. then you have to go all the way around the board in order to Collect $200 and you have to pass Go To Jail and two Chance cards and assorted rents and taxes. If you live on Boardwalk, all you have to do to collect your $200 is to roll a 1. My advice is to live on Boardwalk.


If monopolies are risky business
For lack of competition
Why is there only one
Monopolies Commission?

To live outside the law, you must be honest.
---Bob Dylan

to view the full formatted version of The Poet's Eye go here
http://studioeight.tv/phpbb/viewtopic.php?t=10447

Posted by: LIghtning Rod | Jul 5, 2007 7:47:35 AM

For those of you 29% idoits still trying to defend this administration, YOU are the biggest threat to this country.
"She was not a covert agent", "Armatige was the leaker", "Libby just forgot some things" THease are all ltlkin gpoints the right keeps repeating to each other unitl half of them believe it. THe real threat is the half of the right wing nutbase ( limbaugh, Hannity, Oriely, Coulter......) who repat this nonsense and KNOW IT IS A LIE! Ignorance can be fixed with edjucation, those of you who refuse to believe the facts in from of your face because fox news said "there was no crime" when eveyone can see it, You are the real danger and a threat to our security liberty and freedom and ALl Americans, Left and RIght will rise up and cut you out lik eth cnacer you are to our Country. Keep Lying and betting AMerica is to stupid to figure you out, the masses move slow but this country will overcome and you will be taken down!

Posted by: Not as liberal as Jesus, but trying! | Jul 5, 2007 8:49:24 AM

I guess I should expect nothing less from the defenders of a person who actually uttered the phrase "...that depends on what the definition of the word 'is' is...".

Now, one of you, show me how tolerant and intellectually superior you are to me by calling me names. That would be the icing on the cake.

Posted by: Mike | Jul 5, 2007 2:20:33 PM

"Republicans will win in 2008"

hahahahahahahahahahahahahahahaahaha!!!!!!!!!
and Democrats say you pigs don't have a sense of humor! that was a good one. oh, and everything you wrote in your double post, is a lie. now go back to scrubing your hands. the blood of the American and Iraqi children you've murdered is still visible through the internets' series of tubes. dumbass.

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