Case Before SCOTUS can affect Libby Sentencing

[AnnInLa]

http://blog.courttv.com/inside/2007/03/scooter_libbys_.html

Scooter Libby's Date With Destiny

Once you've been convicted of four felony counts, does it really matter what date the judge chooses to sentence you? Normally, no. In Scooter Libby's case, however, the June 5, 2007 sentencing date could make a huge difference. Maybe even the difference between Libby going to prison or walking free.

As we've discussed, the Supreme Court is considering a pair of cases that have the potential to determine once and for all how much discretion federal judges really have in determining a defendant's sentence. The oral arguments happened during the Libby trial, and the Supreme Court's decision will be handed down some time before the court's term ends in June.

Again: JUNE.

Stay with me, here. Most legal experts think Libby's likely sentence under the federal sentencing guidelines will be 1-3 years. As the law stands now, Judge Reggie B. Walton would have to jump through some significant legal hoops if he wanted to drastically depart from what the federal sentencing guidelines recommend and give Libby probation. And as the sentencing cases currently before the Supreme Court show, federal judges can get reversed for stuff like that.

But IF the Supreme Court issues its decision in the Rita/Claiborne cases before Libby is sentenced, and IF the justices determine that federal judges have unfettered discretion in determining the sentence, Walton would be free to give Libby whatever sentence he wanted. He could give Libby probation... or he could throw the book at him.

See, timing is everything. See you on June 5.

[havocmom]

1. So, question is: what was gleened by probable wiretaps on Walton?

Widespread NSA taps of conversations have little to do with the war on terrorism and EVERYTHING to do with the ability to control anyone the junta may need to control.