May 28 2007

Fitzgerald’s Proposed Libby Sentence IS For Crime Someone Else Committed

Published by at 8:09 am under All General Discussions,Plame Game

Fitz-Magoo is at it again, bending the law’s of this country to settle vendatta’s and scores with people for personal and political reasons. Between the hiding of evidence, filing false papers to the Appeal Courts and US Supreme Court, and now to making up laws as he sees fits, Fitzgerald is becoming more than a political hitman – he is becoming the law unto himself. Fitzgerald wants to sentence Libby on a crime he was not tried for. He wants to sentence Libby for exposing Valerie Plame to the public (which was done by Richard Armitage as Fitzgerald damn well knew) – not for perjury and obstruction:

he Government’s calculations were just filed. They are not (as I thought, therefore I deleted a paragraph above so speculating) that they are asking for an enhancement for abuse of special trust. Surprisingly, to me, over the contrary finding of the Probation Department, they are asking the Court to apply the guideline for the IIPA and Espionage Act, under the theory that cross-referencing guidelines is permitted because the investigation in which Libby lied and obstructed justice pertained to those offenses, even though no one was charged. I totally disagree with that.

Geez, even the liberals are now finally concerned Fitzgerald is running afoul of our laws. In my mind Fitzgerald just jumped the shark and demonstrated once and for all his warped, biases towards Libby. Clearly Armitage leaked Plame’s name to the press. Libby was allowed to know Plame’s name and there was only one vague possible discussion of Plame with one reporter. Armitage blabbed it at least twice to the media. Fitzgerald has quite a few screws lose if he thinks he can sentence someone for a crime he KNOWS they did not commit on the theory he and he alone is omnipotent and knows deep down what Libby was up to (i.e., can read his heart and mind). It is long past time to investigate Fitzgerald and apply the same lose standards of evidence to his motives and coordination with Comey, et al. Much more on the sentencing memo here at Just One Minute.

Addendum: What Fitzgerald claims in the sentencing documents versus what he did or what was determined are completely at odds (no surprise there, since this is a witch hunt, not a legal proceeding). Here is a sample:

It was apparent from early in the investigation that classified information relating to
a covert intelligence agent had been disclosed without authorization. Also early in the
investigation, investigators learned the identities of three officials – Deputy Secretary of State
Richard Armitage, Senior Adviser to the President Karl Rove, and Mr. Libby, the Vice-
President’s Chief of Staff – who had disclosed information regarding Ms. Wilson’s CIA
employment to reporters. What was not apparent, however, were the answers to a series of
questions central to whether criminal charges arising from the unauthorized disclosure of Ms.
Wilson’s identity as an intelligence agent were both viable and appropriate. These questions
included the following:

• Were Mr. Armitage, Mr. Rove, and Mr. Libby the only government officials
to disclose information about Ms. Plame’s CIA employment to reporters?
• Was each particular disclosure by the government officials to journalists
deliberate, reckless or inadvertent?
• How did those government officials learn about Ms. Wilson’s CIA
• What did those government officials know about the classified nature of Ms.
Wilson’s employment?
• Precisely what information regarding Ms. Wilson’s CIA employment did
government officials disclose to reporters, and to how many reporters?
• Were the disclosures made as part of a concerted effort to disclose this
information? and
• Did other government officials direct or approve these disclosures?

Note how Fitzgerald skates RIGHT BY the whole issue of what law was broken (if any)? Was classified information released? Was Plame’s CIA job and open secret (as we all suspect it was)? Fitzgerald seems to go right past the entire question of whether the disclosure fell under the IIPA laws (if didn’t). Where is the question “Did Wilson and Plame disclose Ms Plame’s CIA connections to reporters to bolster Wilson’s leaks? ” Where is the question “Did Joe Wilson leak classified information when recalling (incorrectly) his work for the CIA and his tea sipping in Niger”? Of course Wilson exposed methods, contacts and results of intelligence activities – yet Fitzgerald misses all this classified information being leaked and focuses in on Plame’s well known role in the IC and on Capitol Hill. I was going to waste my time on Fitzgerald’s bizarre reflections of his biases (and I may still), but this case has gone from ‘poor’ to ‘abymsal’ with Fitzgerald trying to sentence someone for a crime they have never been found guilty of.

10 responses so far

10 Responses to “Fitzgerald’s Proposed Libby Sentence IS For Crime Someone Else Committed”

  1. ivehadit says:

    AJ, how do we, the citizens, demand the investigation of Fitzgerald and Comey? This is serious.

  2. MerlinOS2 says:


    Clarice who is a commentor here and over at JOM has filed the paperwork on Fritz but still doesn’t have a response back from the Justice Department last I heard. There are several lawyers who hang around there so it has good basis.

    I am almost wondering if Fritz is now trying to get the trial thrown out on appeal or by Judge Walton since if either occurs he walks away but the perceived damage is done and the dog and pony show has played out.

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  4. lurker9876 says:

    AJStrata, knew you would add a post on this topic.

    I just about died laughing that Fitz included the Waxman document in Exhibit B of the 30-page pdf file.

    I see that talkleft is starting to have issues with Fitz’s filing of the sentence documents.

    I don’t know if Walton is seeing through this and having second thoughts…

    But if Fitz wins this one, then Fitz has set new precedence that will affect all of us…as JMHanes said in one of his posts.

  5. ivehadit says:

    Yes, Merlino, I remember Clarice’s filing…didn’t know what happened to it. Thanks for the update. And you are so right on your last sentence, imho. The s-sites never stand on principle, just smoke and mirrors…and stage drama.

  6. MerlinOS2 says:


    I may be wrong on this, but I’m speculating that if the Office of Professional Regulation is going to take action it will be after the sentence is imposed. Probably not considered good form to do it in the midpoint of a trial procedure. Hope they don’t wait for an appeal to play out.

  7. MerlinOS2 says:

    Nifong got slammed as he knew he would when he gave the hand off to the state.

    Here we have Fritz playing deuces , jacks and one eyed kings are wild.

    I am still trying desperately to follow the Conrad Black case he is working now, but there is so little to work with since he is now more off camera than Cindy Sheehan.

  8. BarbaraS says:

    I believe Clarice heard from Justice that the issue of Fitzgerald is dead. They found no evidence of malfeasance. She reported that on JOM.

  9. lurker9876 says:

    No malfeasance? That’s weird. Guess that’s because Libby was convicted of 4 out of 5 counts.

  10. Soothsayer says:

    I suppose the Stratasphere didn\’t miss me while I was kayaking the Kennebec, but there\’s some very interesting material attached to Fitzgerald\’s sentencing filing to the Court: Exhibit A of the filing resolves forever the bogus claims made by Victoria Toensing and others that Valerie Plame was not \”covert.\”

    Exhibit A states that Ms. Plame \”was a CIA employee from 1 January 2002 forward and the previously classified fact that she was a covert CIA employee furing that period.\” Further, it says during this period, Plame traveled overseas on covert assignments at least 7 times to 10 countries.

    Plame was a covert agent. Libby was a Republican criminal who was indicted, tried and convicted by a jury of his peers of multiple felonies.