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March 6, 2007

On to sentencing, Scooter!

I just got this news alert from the Wall Street Journal:

A federal jury found Lewis "Scooter" Libby, Vice President Cheney's former chief of staff, guilty of obstruction, perjury and lying to the FBI in an investigation that originated from the leak of the identity of a CIA operative.  The jury, which was reduced to 11 jurors after one juror was dismissed after being exposed to case-related information, found Mr. Libby guilty of four of the five counts he faced.  He was found not guilty of one charge of false statements. Sentencing was set for June 5.

I will, of course, have a lot to say about the sentencing in the days ahead (and I have now created a new Libby sentencing category archive).  Let me start this discussion by reviewing some prior posts on this topic:

March 6, 2007 at 12:41 PM | Permalink


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What's the spread?

Posted by: rothmatisseko | Mar 6, 2007 12:59:55 PM

How about a constitutional challenge for an 11 member jury? I believe the Supreme Court has recognized the constitutional right to a jury of 12 in federal cases. Although it was the defense who asked that no alternate be seated, maybe an ineffective assistance of counsel claim could raise the point. (Although it's probably bound to fail, for there must have been some legitimate strategy in opposing Prosecutor Fitzgerald's request.)

Posted by: | Mar 6, 2007 1:42:19 PM

You have a constitutional right to a unanimous jury verdict, not a unanimous jury of 12. Plus, the defense fought for the 11.

Posted by: Anon | Mar 6, 2007 1:56:15 PM

I believe the Supreme Court has ruled that in Federal civilian cases you have a constitutional right to both a unanimous verdict and a jury of twelve.

Posted by: | Mar 6, 2007 6:56:35 PM

Time can change most of things,but not all of things.

Posted by: computer keyboard | Dec 9, 2010 4:15:21 AM

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