Scoot Along, Now...

Scooter Libby will be sentenced today. Some folks are recommending leniency. Libby's lawyers have filed two memoranda here and here: There is no denying the seriousness of the crimes of which Mr. Libby was convicted. At the same time, there is no denying the kind of person Mr. Libby is and the contributions he has made to his country. In light of these factors and the goals of § 3553(a), a prison sentence for Mr. Libby would be "greater than necessary" punishment in this case. A sentence of probation, perhaps combined with community service alternatives, would allow Mr. Libby to continue serving the public interest, and would still promote respect for the law. Lawyer-types seem to think that the sentence will be somewhat less than the traditional guideline (15-21 months). There are a variety of reasons for this presumption, but I think that the real reason is the one that isn't mentioned: Libby got in trouble simply because he was protecting his bosses. There is some allusion to it - even in Republican journals - but it is never stated. Libby's loyalty to men that are not loyal to him is the reason he lost his law license, spent significant monies in his legal defense, and ultimately will probably spend time in jail. It may well be that it is hard for anyone to truly blame Libby in this situation, yet he still must be punished due to the high-visibility nature of the crime. Too bad for him, but lucky for the true criminals... UPDATE: Libby gets 2.5 years...