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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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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: asoudiere@hotmail.com | 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
