Cheney's Former Aide Sentenced to 30 Months Prison

Washington, DC - A federal court judge sentenced Vice President Dick Cheney's former chief of staff to 30 months in prison and fined him $250,000 Tuesday for obstructing an investigation into the identity leak of then-CIA agent Valerie Plame Wilson.

In a stuffy, crowded courtroom, Judge Reggie Walton heard arguments regarding Libby's sentence from Libby's defense lawyers and Special Prosecutor Patrick Fitzgerald. An attempt to argue the facts of the case was halted by Walton, who insisted that the sentencing hearing was not meant to be a retrial. Libby was convicted earlier this year of four counts of perjury, obstruction of justice and lying to a grand jury about how he discovered that Plame Wilson was a CIA employee, and whether he discussed her role at the agency with the media. While paying close attention to the arguments put forth by both sides, Walton appeared visibly bored and seemed to have already decided Libby's fate prior to leniency appeals by Libby's lawyers.

Libby's posture deflated and a visible look of disbelief crossed his face momentarily as the sentence was read by the judge. He made no statement to the media as he exited the courtroom, but outside his wife began to cry as activists held signs and exclaimed their anger with Libby and their desire to see him imprisoned.

Tuesday's sentencing caps a four-year drama that ensnared White House officials, multiple members of the Washington, DC, media, former Ambassador Joe Wilson and his wife, Valerie Plame Wilson, a former CIA agent.

In July 2003, Wilson wrote an op-ed article in the New York Times, accusing the Bush administration of twisting prewar Iraq intelligence in an effort to win public support for a US-led invasion of that country.

Wilson's stinging rebuke of the administration's reliance on what later turned out to be a set of forged documents angered senior Bush administration officials. The documents purportedly revealed that Iraq was attempting to obtain uranium from Niger to build a nuclear bomb. Wilson had traveled to the African country of Niger in February 2002 on behalf of the CIA to investigate the allegations. He returned to the US and told a CIA briefer that the claims were unfounded. President Bush cited the claims as fact in his January 2003 State of the Union speech.

A federal investigation led by Special Prosecutor Patrick Fitzgerald later found that numerous White House Officials had retaliated against and sought to discredit Joseph Wilson for publicly claiming that the administration had manipulated Iraq intelligence by telling a handful of elite Washington, DC, reporters that Wilson's investigation into the Niger claims could not be trusted. The administration told the reporters that Valerie Plame Wilson worked at the CIA and had arranged to send her husband to Niger. It was suggested that the trip was the result of nepotism. Plame Wilson testified before Congress this year that she had had no role in selecting her husband for the mission.

Wilson issued a statement today in response to Libby's sentence, saying that he hopes Libby will begin to cooperate with Fitzgerald. "It is our hope that he will now cooperate with Special Counsel Fitzgerald in his efforts to get to the truth. As Mr. Fitzgerald has said, a cloud remains over the vice president. Every official in this administration must be held accountable for their actions."

This week, Tuesday's hearing began with arguments by Fitzgerald and the defense team regarding sentencing guidelines that instruct the judge on prison sentences for specific crimes. Fitzgerald won out, with Judge Walton deciding that the charge of obstruction of justice stymied Fitzgerald's investigation and was in the most serious category. Both sides were then given an opportunity to give arguments for their recommended sentence lengths.

After seeming somewhat scattered during the initial phase of the hearing, Fitzgerald gave a clear and concise statement that laid out his argument for a substantial jail sentence. In closing, he told the judge that his sentence must demonstrate that "truth matters above all else in the judicial system. The whole system depends on this. If we lose the truth, the judicial system is lost."

In a lengthy address, Libby's defense lawyers detailed their argument that Libby should receive no jail time and instead serve probation or possibly house arrest. Defense lawyers read large portions of six of the more than 160 letters written to the court in support of Libby's character. The letters detailed Libby's role in government and attested that his service should be a strong consideration in his sentence length. The defense read one such letter from former World Bank President Paul Wolfowitz.

After the first letter was read, Judge Walton interrupted and implied his impatience with a smile, "I have read all the letters," which resulted in a chuckle from the audience. Libby's counsel did not seem to find the comment amusing, and continued with the statements.

Libby made his first statement to the court just prior to the sentence being handed down. In a short address, he thanked the staff of the court and asked the judge to consider his long career in public office while deciding his sentence. "It is my hope that the court will consider, along with the jury verdict, my whole life."

Catching Libby and the courtroom by surprise, Walton immediately launched into his explanation for his ruling and handed down the sentence. Libby, with two lawyers flanking him, blinked and looked unprepared for the swift end to his year-and-a-half-long attempt to justify his actions.

Prior to revealing his final decision, Walton made clear that the letters of support and the arguments on behalf of Libby's public service did not fall on deaf ears. "These letters reflect the fact that Mr. Libby ... sacrificed private sector employment ... and took positions in the government that have benefited the nation," Walton said, adding that "factors regarding his personal situation weigh heavily in [Libby's] favor." However, in Walton's eyes, Libby's government service history was outweighed by his criminal actions: "Libby failed to meet the bar. He took a course that seems to run contrary to the rest of his life." With this statement, Libby's team appeared to shrink, slouching their shoulders and leaning away from the podium.

In continuing his rebuke, Walton pointed out Libby's failure to protect sensitive information such as the identity of a CIA agent, saying that a person in a national security position in the White House should have taken "every effort" to clarify the details of a CIA agent's status before discussing it with anyone outside the government. Walton also made clear that he was not impressed by the strategy of the defense during trial. He said that the attempt to claim that the Plame Wilson identity leak was not a focus of Libby and others in the White House was unbelievable given the evidence to the contrary that was presented by the prosecution.

In conclusion, Walton stated that one of the main considerations in his decision to sentence Libby to 30 months in prison and a $250,000 fine, followed by two years of probation, was the deterrent factor. He said that this case should serve as a deterrence to other government officials because their misdeeds make citizens lose faith in government and democracy.

Further action will follow as the defense attempts to keep Libby out of jail while the appeals move forward. A hearing on this attempt will occur Thursday, June 14.

Matt Renner is a reporter for Truthout.

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