today, the president claimed
that mr. libby’s punishment did not
fit the crime. that simply is
not borne out by any reliable
so, in this post — to be updated
from time to time — i will set forth
cases that are similar to, or less
egregious than i. lewis libby’s, and
list the sentences imposed. in each
case, i will link the decision, so that
readers may judge for themselves whether
the conduct is similar, or less egregious.
that said — this will be an iterative work.
feel free to cite additional cases in the
comments. i will add them, if a link is pro-
vided. [and maybe, even if one isn’t. (!)]
UPDATED july 3, 2007
courtesy of talkingpointsmemo, we
learn of an aging war vet, with 25 years
of honorable military service, with failing
health — and he is a law enforcement worker
to boot! — sentenced to 33 months
for two (not four!) counts of felony perjury
before a grand jury, investigating a gun
company case — rita v. u.s. — the
opinion was published june 21, 2007:
. . .The basic crime in this case concerns two false statements which Victor Rita, the petitioner, made under oath to a federal grand jury. The jury was investigating a gun company called InterOrdnance. . .
— justice breyer’s plurality opinion,
in rita v. u.s., 551 u.s. ___ (2007)
and, from usa today reporting:
. . .The justices upheld a 33-month sentence given to Victor Rita for perjury and making false statements. Rita is a 25-year military veteran and former civilian federal employee. . . The prison term falls within the guidelines range and was upheld by the 4th U.S. Circuit Court of Appeals, answering the question of whether sentences within the guidelines ordinarily will be considered reasonable. . .
mr. libby’s sentence was at the low end of the guidelines.
so — where are we on the commutation of
the sentence of VICTOR A. RITA, mr. president?
END UPDATED PORTION
first next up: less egregious — u.s. v. valnor
june 6, 2006
defendant pled guilty to [and accepted responsibility for] felony conspiracy to produce identification documents without lawful authority, with national security implications — 28 months.
next up: less egregious — bevilacqua v. u.s.
may 18, 2006
lawyer-as-defendant signed plea agreement [accepted responsibility, unlike mr. libby] on one federal perjury charge [as opposed to convictions on four of five counts involving national security], during special counsel’s investigation of a corrupt mayoral administration — no charge of, or plea on, obstruction — defendant leaked a video-tape containing evidence of allegedly criminal activities to press — 18 months jail time; $150,000.
next up: similar case — u.s. v. roche
february 27, 2003
defendant pled guilty to one count of federal felony obstruction of justice — 33 months [mr. libby did not accept responsibility under any plea agreement; committed three additional counts of felony perjury].
next up: similar case — u.s. v. leja
may 23, 2006
defendant guilty of various financial (health-care-related) reimbursement crimes; including felony obstruction of justice — 30 months.
next up:less egregious — soliz v. texas
january 29, 2003
misdemeanor (not felony) perjury — in a small-claims matter — a civil (not criminal) case — one year of jail-time. in texas. [yes, the state where bush refused, as govenor, to pardon a
woman on death-row.]