- Lewis Libby
subject_name=I. Lewis "Scooter" Libby
date_of_birth=birth date and age|1950|08|22
New Haven, Connecticut, U.S.A.
Obstruction of justice
Making false statements
penalty=30 months in prison (commuted by President
George W. Bush)
Two years of supervised release, including 400 hours of community service
status=convicted (of four of five charges)
Lawyer(1976–2007; suspended from the practice of law in Pennsylvaniaand Washington, D.C.in 2007; disbarred by the D.C. Court of Appeals on March 20, 2008) Hudson Institutepolicy advisor (2006–2007)
Government official and policy advisor (1981–2005)
Irve Lewis "Scooter" Libby (born
August 22 1950) is a former Assistant to the President of the United States, George W. Bush, Chief of Staff to the Vice President of the United States, Dick Cheney, and Assistant to the Vice President for National Security Affairs, serving from 2001 to 2005. [cite web
publisher=The American Prospect
accessdate=2008-07-01] [http://web.archive.org/web/20050726003359/http://fpc.state.gov/8488.htm "Biographies of White House Senior Staff: Lewis Libby] ", "
United States Department of State", July 2005, archived by "web.archive.org", accessed 18 April, 2008.] [http://www.usdoj.gov/usao/iln/osc/documents/libby_indictment_28102005.pdf "Indictment"] in "United States of America vs. I. Lewis Libby, also known as "Scooter Libby", " United States Department of Justice", 28 October, 2005, accessed December 10, 2007.] He resigned all three government positions immediately after he was indicted on federal obstruction and perjurycharges resulting from the grand jury investigation into the CIA identity leak known as the Plame Affair, which led to his criminal trial in United States v. Libby.Kenneth T. Walsh, [http://www.usnews.com/usnews/news/articles/051031/31libby.htm "A Rough Road For 'Scooter'?] An Inside Player Takes Center Stage", " U.S. News & World Report", 31 October, 2005, accessed 23 September, 2006. (2 pages.)] The day after his conviction in that trial, he resigned his later appointment as senior advisor at the Hudson Institute( January 1, 2006– March 7, 2007).Tim Grieve, [http://www.salon.com/politics/war_room/2007/05/31/libby_sentencing/index.html "The War Room: 'On Behalf of I. Lewis Libby'"] ("Update"), "Salon", 31 May, 2007, accessed 17 July, 2007.]
In "United States v. Libby", the jury convicted Libby on four of the five counts in the indictment: one count of
obstruction of justice; two counts of perjury; and one count of making false statements to federal investigators. [http://topics.nytimes.com/top/reference/timestopics/people/l/i_lewis_libby_jr/index.html "I. Lewis Libby Jr. (Index): The Counts"] , " The New York Times", Times Topics, updated periodically, 6 March, 2007, accessed 6 July, 2007.] Libby is "the highest-ranking White Houseofficial convicted in a government scandal since National Security Adviser John Poindexterin the Iran-Contra affair two decades ago."Michael J. Sniffen and Matt Apuzzo ( Associated Press), [http://abcnews.go.com/Politics/wireStory?id=2927810 "Libby Found Guilty in CIA Leak Trial:] Ex-Cheney Aide Libby Found Guilty of Obstruction, Perjury, Lying to the FBI in CIA Leak Case", " ABC News", March 6 2007, accessed June 10 2007.] See also: Associated Press, [http://www.usatoday.com/news/washington/2005-10-26-white-house_x.htm "A History of Indictments involving White House Staff"] , " USA Today", 26 October, 2007, accessed 6 July, 2007.]
June 5, 2007, the presiding trial judge, Reggie B. Walton, sentenced Libby to 30 months in federal prison, a fine of $250,000, and two years of supervised release, including 400 hours of community service,Paul Courson, Brianna Keilar, Brian Todd, Jeffrey Toobin, and the Associated Press, [http://www.cnn.com/2007/POLITICS/06/05/cia.leak.trial/index.html "Libby Sentenced to 30 months in Prison"] , "CNN.com", 5 June, 2007, accessed 5 June, 2007.] Matt Apuzzo and Pete Yost ( Associated Press), [http://boston.com/news/nation/washington/articles/2007/06/05/judge_libby_could_face_longer_sentence/?page=full "Libby Sentenced to 2 1/2 Years in Prison"] , "boston.com", 5 June, 2007, accessed 5 July, 2007.] See qualification in Jeralyn Merritt, [http://www.talkleft.com/story/2007/6/5/115845/4240 "Scooter Libby: 30 Months in Prison, $250k Fine"] , "TalkLeft" (accredited press blog), 5 June, 2007, accessed 5 June, 2007: "Note: CNN [in its television broadcasts and some online reports] erroneously reported that Libby's sentence included 2 years probation. In fact, it was supervised release, which is similar but different from probation, and replaced parole in the federal system in 1987."] Jeralyn Merritt, [http://www.talkleft.com/story/2007/7/5/12846/90740 "Libby: Life on Supervised Release"] , "TalkLeft" (accredited press blog), 5 July, 2007, accessed 8 July, 2007. (Provides link to United States v. Libby, filed 22 June, 2007, accessed 8 July, 2007.)] and then ordered Libby to begin his sentence immediately. [http://www.cnn.com/2007/POLITICS/06/14/libby.hearing/index.html "Judge Orders Libby Jailed during Appeal"] , " CNN News", 14 June, 2007, accessed 8 July, 2007.] On July 2, 2007, when Libby's appeal of Judge Walton's order failed, President Bush commuted Libby's 30-month prison sentence, leaving the other parts of his sentence intact. George W. Bush, [http://www.whitehouse.gov/news/releases/2007/07/20070702-4.html "Grant of Executive Clemency: A Proclamation by the President of the United States of America"] , " The White House", 2 July, 2007, accessed 2 July, 2007.] Edwin Chen, [http://www.bloomberg.com/apps/news?pid=20601087&sid=aA.bUy89_1hk&refer=home "Bush Commutes Libby's Prison Term in CIA Leak Case (Update 2)"] , "Bloomberg.com", 2 July, 2007, accessed 2 July, 2007.] In commuting Libby's prison term, Bush stated: "I am commuting the portion of Mr. Libby's sentence that required him to spend thirty months in prison. ... My decision to commute his prison sentence leaves in place a harsh punishment for Mr. Libby. The reputation he gained through his years of public service and professional work in the legal community is forever damaged." After Libby paid his monetary fine and penalty totaling $250,400, Judge Walton queried aspects of the presidential commutation,Neil Lewis and Jim Rutenberg, " [http://www.nytimes.com/2007/07/06/washington/06libby.html "Libby Pays Fine; Judge Poses Probation Query"] , " The New York Times", 6 July, 2007, accessed 6 July, 2007.] and lawyers filed their briefs supporting Libby's serving supervised release, resolving the issue and thus clearing the way for Libby to begin the rest of his sentence, the two years of supervised release and 400 hours of community service. Jeralyn Merritt, [http://www.talkleft.com/story/2007/7/9/21838/66055 "All Sides Agree Libby Should Serve Supervised Release"] , "TalkLeft" (accredited press blog), 9 July, 2007, accessed 10 July, 2007. (Provides links to The New York Times", 10 July, 2007, accessed 10 July, 2007.]
December 10, 2007, Libby's lawyers announced that he would drop his appeal of his conviction in "the CIA leak case," leaving intact his remaining sentence and fine and leaving on his record his felonyconviction, unless he were granted a full Presidential pardon.Matt Apuzzo (AP), [http://www.breitbart.com/article.php?id=D8TEN3SO0&show_article=1 "Libby to Drop Appeal in CIA Leak Case"] , " The Associated Press", via "Breitbart.com", December 10, 2007, accessed December 10, 2007. ("President Bush could wipe away the conviction with a full pardon, something he has refused to rule out. [Theodore] Wells [one of his lawyers] said Monday [December 10, 2007] that he has not spoken to the White House about a pardon and does not know what Bush will do.")] The next day, December 11, 2007, President Bush issued 29 pardons but did not include Libby among them. [ Associated Press, [http://www.nytimes.com/2007/12/12/washington/12pardon.html "29 Convicts, None Named Libby, Receive Bush Pardons"] , " The New York Times", December 12, 2007, accessed December 12, 2007.] Jeralyn Merritt, [http://www.talkleft.com/story/2007/12/11/182914/04 "Bush Issues 29 Pardons, None for Scooter Libby"] , "TalkLeft" (accredited press blog), December 11, 2007, accessed December 13, 2007: "That doesn't mean one won't be forthcoming now that Libby has dropped his appeal. Bush has said previously he wouldn't give a pardon while the appeal was pending. Since Libby only announced his intent to withdraw the appeal yesterday [December 10, 2007] , it could just be a matter of timing. Bush can grant pardons until he leaves office in 2009."] As a consequence of his conviction in U.S. v. Libby, his license to practice law was suspended by the Supreme Court of Pennsylvania, in December 2007. [http://www.padisciplinaryboard.org/pa_attorney_results.php?ss=Libby&st=Last_Name&Submit=Submit Listing for "Lewis Libby": "History"] , Search Facility, Disciplinary Board of the Supreme Court of Pennsylvania, accessed April 12, 2008.] On April 3, 2007, the District of Columbia Barsuspended his license to practice law in Washington, D.C., and recommended his disbarmentpending his appeal of his conviction.D.C. Bar, " [http://www.dcbar.org/find_a_member/index.cfm Find a Member] " search facility. Libby is listed in the general "name" search (erroneously) as "I L Lewis Libby Jr." and in hyperlinked documents as "I. Lewis Libby, Jr." Since 2007 he has been identified as "disbarred" and is no longer a "member" of the D.C. Bar.] The D.C. Bar revised its "Professional Rules of Conduct" on February 1 2007, according to its "Bar News" section of its website, accessed June 5 2007. On April 3 2007, the District of Columbia Court of Appealsfiled an [http://pdfserver.amlaw.com/dc/libby_order.pdf "Order"] ("In the Matter of I. Lewis Libby, Jr. ... Bar Registration No. 950758"), suspending Libby "immediately from the practice of law in the District of Columbia pending resolution of this matter [in United States v. Libby] ," which the Office of Bar Counsel (D.C. Bar) received on April 4 2007, directing it to "inform the Court if the matter is resolved without the necessity of further court action." In that order, "the Board directed the Bar Counsel to file a brief addressing whether [Libby's] crimes inherently involve moral turpitude." In its brief, filed on 24 April, 2007, entitled [http://pdfserver.amlaw.com/dc/arbitraryjustice_book137.pdf "Statement of Bar Counsel"] , the D.C. Bar stated that his crimes amounted to "moral turpitude" and recommended to the District of Columbia Court of AppealsBoard on Professional Responsibility that Libby "be disbarred pursuant to D.C. Code § 11-2503(a)," which reads "in pertinent part": "When a member of the bar of the District of Columbia Court of Appeals is convicted of an offense involving moral turpitude, ... the court shall, pending final determination of an appeal from the conviction, suspend the member of the bar from practice.... If a final judgment of conviction is certified to the court, the name of the member of the bar so convicted shall be struck from the roll of the members of the bar and such person shall thereafter cease to be a member." Pursuant to the policy on "Moral Turpitude" contained therein, it is also noted (n. 4) that Libby's "disbarment should be deemed to commence, for reinstatement purposes, on April 11, 2007, the date that [he] filed an affidavit in compliance with D.C. Bar R. XI, § 14(g)." The brief lists Libby's admission to practice law in that jurisdiction as 19 May, 1978. At that time Libby's lawyers filed notification of his intention to appeal his conviction within ten days after his sentencing with the D.C. Bar, an appeal that he subsequently decided to drop ( Cf.Apuzzo's account of December 10, 2007, as cited).] On March 20, 2008, after he dropped his appeal, he was disbarred by the District of Columbia Court of Appeals, in Washington, D.C., at least until 2012, when he is eligible to apply for reinstatement.Carol D. Leonnig, [http://www.washingtonpost.com/wp-dyn/content/article/2008/03/20/AR2008032001757.html "Court Disbars Cheney Ex-Aide: Libby Loses Right To Practice Law"] , " The Washington Post", March 21, 2008: A2, "washingtonpost.com", accessed March 20, 2008.]
Background and education
Libby was born to an affluent
Jewishfamily in New Haven, Connecticut; his late father, Irving (or Irve) Lewis Liebowitz, was an investment banker.Mike Pesca, [http://www.npr.org/templates/story/story.php?storyId=4965501 "Guarding the 'I' in I. Lewis 'Scooter' Libby"] , NPR 19 October, 2005(NPR audio player clip); accessed 10 July, 2007.] Cf. Ron Kampeas, [http://www2.jta.org/cgi-bin/iowa/news/article/20051102LibbyJewishSomew.html "Libby Jewish? Some Wonder How Neo-con’s Faith Impacts Leak Scandal] ", "Jewish Telegraphic Agency (JTA)", 2 November, 2005; rpt. in Ron Kampeas, [http://www.jpost.com/servlet/Satellite?cid=1131043733253&pagename=JPost%2FJPArticle%2FShowFull "Did Libby's Jewishness Impact the CIA Leak Scandal?"] " Jerusalem Post", Jewish Telegraphic Agency(JTA), 6 November, 2005; updated 7 November, 2005; both accessed 16 July, 2007.] Nick Bromell, [http://www.theamericanscholar.org/archives/wi07/scooterandme-bromell.html "Scooter Libby and Me"] , "The American Scholar" ( Phi Beta Kappa) (Winter 2007) and [http://www.salon.com/opinion/feature/2007/01/24/scooter_libby/index_np.html "Scooter's Tragic Innocence:] Why My Friend Scooter Libby Is Loyal to Bush, Cheney and an Arrogant Administration Whose Values Are Not His Own", "Salon", 24 January, 2007(Premium content; restricted access); [http://www.umass.edu/english/facProfiles/Bromell.htm "Nick Bromell"] , faculty profile at "umass.edu" ( University of Massachusetts, Amherst, Massachusetts); all accessed 8 June, 2007.]
Libby graduated from the
Eaglebrook School, in Deerfield, Massachusetts, a middle school, in 1965, according to his old friend, former roommate, and debating team co-captain Nick Bromell, who is now professor of English and director of graduate studies at the University of Massachusettsin Amherst, Massachusetts. According to "New York Times" reporter Scott Shane, "The family lived in the Washington region, Miami and Connecticut," prior to Libby's graduation from Phillips Academy, in Andover, Massachusetts, in 1968.Scott Shane, [http://www.nytimes.com/2007/01/17/washington/17libby.html?ex=1183694400&en=138163e78e91b2e1&ei=5070 "As Trial Begins, Cheney’s Ex-Aide Is Still a Puzzle"] , " The New York Times", 17 January, 2007, accessed 5 July, 2007.]
He and his older brother, Hank, "a retired tax lawyer," Shane reports, "were the first in the family to graduate from college." Libby matriculated at
Yale Universityin New Haven, Connecticut, in Fall 1968, graduating " magna cum laude" in 1972.Jack Mirkinson, [http://www.yaledailynews.com/articles/view/15491 "Libby '72 Leaned Left Before Serving As Cheney's Chief of Staff"] , " Yale Daily News", 5 October, 2005, accessed 12 July, 2007.] As " Yale Daily News" reporter Jack Mirkinson observes, "Even though he would eventually become a prominent Republican, Libby's political beginnings would not have pointed in that direction. He served as vice president of the Yale College Democrats and later campaigned for Michael Dukakiswhen he was running for governor of Massachusetts." According to Mirkinson: "Two particular Yale courses helped guide Libby's future endeavors. One of these was a creative writing course, which started Libby on a 20-year mission to complete a novel ... [later published as] "The Apprentice" ... [and] a political science class with professor and future Deputy Secretary of Defense Paul Wolfowitz. In an interview with author James Mann, Libby said Wolfowitz was one of his favorite professors, and their professional relationship did not end with the class." Wolfowitz would become a significant mentor in his later professional life.Hudson Institute Communications, [http://www.hudson.org/index.cfm?fuseaction=publication_details&id=3830&pubType=HI_NEW@HUDSON "Lewis Libby Joins Hudson Institute"] , official press release, " Hudson Institute", 6 January, 2006, accessed 29 June, 2007; see also: [http://www.hudson.org/learn/index.cfm?fuseaction=staff_bio&eid=LibbLew "Staff bio" for Lewis Libby] , " Hudson Institute", n.d., accessed 29 June, 2007. [The biography currently lists only "Senior Advisor"; cf. [http://rightweb.irc-online.org/profile/1271 "I. Lewis 'Scooter' Libby"] , "Right Web" ( International Relations Center), last updated 21 March, 2007, accessed 1 July, 2007: "As of mid-March 2007 ... Libby's bio page was no longer available on the (Hudson Institute) website, and his name was not included on the organization's list of scholars."] ]
In 1975, as a
Harlan Fiske StoneScholar, Libby received his Juris Doctor(JD) degree from Columbia Law School.Stephen Smith, [http://www.cbsnews.com/stories/2005/10/27/politics/main989970.shtml "Libby: Lawyer, Adviser, Author:] Cheney's Chief Of Staff Both Political Insider And Acclaimed Novelist", " CBS News", 28 October, 2005, accessed 7 March, 2007.] [http://web.archive.org/web/20070625090417/www.scooterlibby.com/bio/ "About Lewis 'Scooter' Libby] , archived biography at the "Libby Legal Defense Trust", n.d., accessed 16 July, 2007and 12 April, 2008(now-obsolete information such as D.C. Bar membership needs updating).]
Marriage and family
Libby is married to
Harriet Grant, whom he met in Philadelphia, Pennsylvania, in the late 1980s while he was a partner and she an associate in the law firm then known as Dickstein, Shapiro, and Morin: "'When he and Harriet became serious,' Dickstein partner Kenneth Simon wrote, 'she chose to leave the firm rather than maintain the awkward situation of an associate dating a partner.'"Emma Schwarz, [http://www.law.com/jsp/dc/PubArticleDC.jsp?id=1181034325626 "Leniency Letters Showcase Scooter's 30-Year Legal Career"] , " Legal Times", 11 June 2007, accessed 1 July, 2007.] Libby and Grant married in the early 1990s, have a son and a daughter, and live in McLean, Virginia.
Libby was a litigation associate at the Philadelphia law firm of
Schnader, Harrison, Segal & Lewis, but left to work in Washington for Paul Wolfowitz. He later became a partner and head of the Washington, DC office of the Philadelphia law firm of Dechert Price & Rhoades. His first criminal defense lawyer in the Plame leak case was Joseph Tate, a Dechert partner, who had been an acquaintance of Libby's at the Schnader law firm in Philadelphia, where Libby was an associate and Tate was a litigation partner.
Name and nicknames
At times, according to various news accounts, and as documented in a federal directory cited by
Ron Kampeasand others, Libby has used "Jr." after his name. At other times, however, as listed in his federal indictment and United States v. Libby, which give his alias as "Scooter Libby", there is no "Jr." after Libby's name. Libby has been secretive about both his actual first name (what the initial "I" stands for) and about the origin of his nickname "Scooter." In an article published in " The New York Times" in late April 2001, Eric Schmitt divulged Libby's "two secrets," saying parenthetically: "It takes a phone call to Mr. Libby's older brother, Hank, to learn that the 'I' stands for Irv. His nickname'Scooter' derives from the day Mr. Libby's father watched him crawling in his crib and joked, 'He's a Scooter!'"Eric Schmitt, " [http://query.nytimes.com/gst/fullpage.html?res=9A04E4DE1F39F933A05757C0A9679C8B63"Public Lives: Cheney Aide Will Eat Horse Guts Before He'll Spill Beans"] , " The New York Times", 30 April, 2001, accessed 23 March, 2008.]
In their February 2002 interview on "
Larry King Live", King asked Libby specifically, "Where did 'Scooter' come from?"; Libby replied: "Oh, it goes way back to when I was a kid. Some people ask me if ... [crosstalk] ... as you did earlier, if it's related to Phil Rizzuto[nicknamed 'The Scooter'] . I had the range but not the arm."Larry King and Lewis 'Scooter' Libby, [http://www.cnn.com/TRANSCRIPTS/0202/16/lklw.00.html "Rush Transcript:] CNN Larry King Weekend: Interviews with Lewis 'Scooter' Libby, Don Rickles, Mike Medavoy", " Larry King Live", CNN, aired 16 February, 2002, accessed 27 February, 2007.]
Just prior to and after his indictment in the
CIA leak grand jury investigationon October 28, 2005, others in the news media gave various, sometimes contradictory, accounts of his first name, its spelling, and the origin of his nickname "Scooter" (sometimes citing, with or without attribution, information conveyed earlier by Schmitt's 2001 telephone interview with Libby's older brother Hank and King's 2002 television interview with Libby).Daniela Deane, with Mark Leibovich, [http://www.washingtonpost.com/wp-dyn/content/article/2005/10/28/AR2005102800986_pf.html "Cheney's Right Hand Man Never Sought Limelight] ", " The Washington Post", 28 October, 2005, accessed 30 June, 2007.] Mark Leibovich, [http://www.washingtonpost.com/wp-dyn/content/article/2005/10/22/AR2005102201439.html "In the Spotlight And on the Spot: Scooter Libby, Backstage No More"] , " Washington Post", 23 October, 2005; appended correction, accessed 26 March, 2007.] National Public Radio, the BBC, " The New York Times", and "Slate" reported that the initial "I" stands for either Irving (his father's first name); and/or, alternatively, abbreviations of "Irving" — "Irv" or "Irve" (his father's nickname). John Dickerson, [http://www.slate.com/id/2128530/ "Who Is Scooter Libby?] The Secretive Cheney Aide at the Heart of the CIA Leak Case", "Slate", 21 October, 2005, accessed 28 June, 2007.] Paul Reynolds, [http://news.bbc.co.uk/1/hi/world/americas/4386076.stm "Indictment Rocks Bush Administration"] , BBC News, 28 October, 2007, accessed 16 July, 2007.] John Tierney, [http://select.nytimes.com/2005/11/01/opinion/01tierney.html?scp=1&sq=let%27s+have+a+big+hand+for&st=nyt "Let's Have A Big Hand For"] , " The New York Times", 1 November, 2005, accessed 23 March, 2008.] Juan Cole, [http://dir.salon.com/story/news/feature/2005/10/14/neocon/index.html "Judith Miller and the Neocons"] , "Salon", October 14, 2005, accessed December 20, 2007. (Refers to I. Lewis Libby as "Irving Lewis Libby.")]
Libby's first and only novel, "The Apprentice", about a group of travelers stranded in northern
Japanin the winter of 1903 during a smallpoxepidemic, was first published in a hardbackedition, by Graywolf Press, in St. Paul, Minnesota, in 1996 and reprinted as a trade paperback, by St. Martin's Thomas Dunne Books, in 2002. After Libby's indictment in the CIA leak grand jury investigation, in 2005, St. Martin's Press reissued "The Apprentice" as a mass market paperback(Griffin imprint).Lewis Libby, "The Apprentice" (St. Paul, MN: Graywolf Press, 1996; rpt. New York: St. Martin's Thomas Dunne Books, 2002; rpt. New York: St. Martin's Griffin, 2005); ISBN 1555972454 (10) and ISBN 978-1555972455 (13); ISBN 0312284535 (10) and ISBN 978-0312284534 (13).] Julian Borger, [http://www.guardian.co.uk/usa/story/0,12271,1640145,00.html#article_continue "Indicted Libby's Publishers Plan 25,000 Reprint of 'steamy' Novel"] , " The Guardian", 11 November, 2005, accessed 23 February, 2007.] Associated Press, [http://www.usatoday.com/life/books/news/2005-11-09-libby-novel_x.htm "Publisher to Reissue I. Lewis Libby's Novel"] , " USA Today", 9 November, 2005, accessed 3 July, 2007.] It has been generally described as "a thriller ... that includes references to bestiality, pedophiliaand rape." Associated Press, [http://www.usatoday.com/life/books/news/2005-11-09-libby-novel_x.htm "Publisher to Reissue I. Lewis Libby's Novel"] , " USA Today", 9 November, 2005, accessed 3 July, 2007.]
After earning his J.D. from Columbia in 1975, Libby joined the firm of
Schnader, Harrison, Segal & Lewis, becoming a partner the following year, in 1976. He was admitted to the bar of the Commonwealth of Pennsylvania on October 27, 1976, [http://www.padisciplinaryboard.org/pa_attorney_info.php?id=23330&pdcount=0 "I. Lewis Libby" (Attorney ID No.: 23330] )", "The Disciplinary Board of the Supreme Court of Pennsylvania" (public search facility), accessed 5 June, 2007.] Emma Schwartz, [http://www.law.com/jsp/article.jsp?id=1175763840958 "Scooter Libby's Law License Loses Its Wheels"] , " Legal Times", 6 April, 2007, accessed 5 July, 2007.] Richard S. Curtiss, [http://www.wrmea.com/archives/Sept_2004/0409018.html "Neocon Corner: I. Lewis ('Scooter') Libby:] The Nexus of Washington’s Neocon Network", " Washington Report on Middle East Affairs", September 2004: 18–20, accessed 4 March, 2007.] and to the Bar of the District of Columbia Court of Appealson May 19, 1978.
Libby practiced law at Schnader for six years before joining the U.S. State Department policy planning staff, at the invitation of his former Yale professor,
Paul Wolfowitz, in 1981. In 1985, returning to private practice, he joined the firm then known as Dickstein, Shapiro, and Morin (now Dickstein ShapiroLLP), becoming a partner in 1986 and working there until 1989, when he left to work in the U.S. Defense Department, again under his former Yale professor Paul Wolfowitz, until January 1993.Richard S. Curtiss, [http://www.wrmea.com/archives/Sept_2004/0409018.html "Neocon Corner: I. Lewis ('Scooter') Libby:] The Nexus of Washington’s Neocon Network", " Washington Report on Middle East Affairs", September 2004: 18–20, accessed 4 March, 2007.] "Leonard Garment and Four Other Mudge RoseLawyers Join Washington, D.C. Office of Decert Price & Rhoads", " PR Newswire", 20 November, 1995, Financial News, accessed via LexisNexison 16 July, 2007. ]
In 1993, returning to private legal practice from government, Libby became the managing partner of the
Washington, D.C.office of Mudge, Rose, Guthrie, Alexander & Ferdon(formerly Nixon, Mudge, Rose, Guthrie, and Alexander); in 1995, along with his Mudge Rose colleague, Leonard Garment––who had replaced John Deanas acting Special Counsel to U.S. President Richard Nixonfor the last two years of his presidency dominated by Watergate, and who had hired Libby at Mudge Rose twenty years later––and three other lawyers from that firm, Libby joined the Washington, D.C.office of Dechert, Price, and Rhoads (now part of Dechert LLP), where he was a managing partner, a member of its litigation department, and chaired its Public Policy Practice Group, until 2001, when he left to return to work again in government, as Vice President Cheney's chief of staff.
Fugitive billionaire commodities trader
Marc Rich, who, along with his business partner Pincus Green, had been convicted of tax evasionand illegal trading with Iran, and who, with Green, was ultimately pardoned by President Bill Clinton, was a client whom Leonard Garmenthad hired Libby to help represent around the spring of 1985, after Rich and Green had first engaged Garment.For a detailed commentary on the contexts of Libby's work on the Rich case, see 32-33 of [http://fl1.findlaw.com/news.findlaw.com/hdocs/docs/clinton/pardonrpt/ch1031302hcgrcprdrpt.pdf "'Take Jack's Word': The Pardons of International Fugitives Marc Rich and Pincus Green"] (Chap. One), " [http://news.findlaw.com/hdocs/docs/clinton/pardonrpt/ Justice Undone: Clemency Decisions in the Clinton White House] ", report of the House Committee on Government Reform, online posting, "findlaw.com", 14 March, 2002, "et passim", accessed 16 July, 2007(quotes Libby's testimony from government transcript).] Libby stopped representing Rich in the spring of 2000; early in March 2001, at a "contentious" Congressional hearing to review Clinton's pardons, Libby testified that he thought the prosecution's case against Rich "misconstrued the facts and the law." CNN, [http://archives.cnn.com/2001/ALLPOLITICS/03/02/clinton.library/ "GOP Lawyer: Facts 'misconstrued' in Rich Case"] , " CNN" (Archives), 2 March, 2001, accessed 16 February, 2007.] According to Jackson Hogan, Libby's roommate at Yale University, as quoted in the already-cited " U.S. News & World Report" article by Walsh, " 'He is intensely partisan...in that if he is your counsel, he'll embrace your case and try to figure a way out of whatever noose you are ensnared in.' " According to House Committee on Government Reform report, however, "The arguments made by Garment, [William Bradford] Reynolds and Libby [in their testimony] focused on the claim that the SDNY was criminalizing what should have been a civil tax case. They did not make, compile, or in any other way lay the groundwork for, or make a case for a Presidential pardon. When former President Clinton stated that they 'reviewed and advocated' 'the case for the pardons,' he suggested that they were somehow involved in arguing that Rich and Green should receive pardons. This was completely untrue" (162).
Bar suspension and disbarment
Before his indictment in United States v. Libby, Libby had been a licensed
corporate lawyer, admitted to the bars of the District of Columbia Court of Appealsand the Supreme Court of Pennsylvania, although his Pennsylvania law license was inactive, and he had already been suspended from the Washington, D.C.Office of Bar Counsel (D.C. Bar) for non-payment of fees. District of Columbia Court of AppealsBoard on Professional Responsibility, [http://www.dcbar.org/bprReports/reports/ILewisLibby37205.pdf "In the Matter of I. LEWIS LIBBY, JR., D.C. App. No. 07-BG-179 Respondent] : Bar Docket No. 372-05: A Member of the Bar of the District of Columbia Court of Appeals (Bar Registration No: 950758): REPORT AND RECOMMENDATION OF THE BOARD ON PROFESSIONAL RESPONSIBILITY", May 14, 2007, accessed April 18, 2008.] The Chief Judge of the District of Columbia Court of Appeals recommended permanent disbarmentupon confirmation of his conviction, which Libby had initially indicated that he would appeal. Having suspended his license to practice law on April 3, 2007, the D.C. Bar "disbarred [him] pursuant to D.C. Code § 11-2503(a)" on legal grounds of "moral turpitude," effective April 11, 2007, and recommended to the D.C. Court of Appeals his permanent disbarmentif his conviction were not overturned on appeal.D.C. Bar, [http://pdfserver.amlaw.com/dc/libby_order.pdf "Order"] ("In the Matter of I. Lewis Libby, Jr. ... Bar Registration No. 950758"), filed April 3, 2007, accessed June 17, 2007.] For information about the law firm of Schnader Harrison Segal & Lewis LLP, see its website at [http://www.schnader.com Schnader] , n.d., accessed 30 June, 2007.] On December 10, 2007, Libby's lawyers announced his decision "to drop his appeal of his conviction in the CIA leak case." On March 20, 2008, following the dropping of his appeal of his conviction, the District of Columbia Court of Appeals disbarred Libby. District of Columbia Court of Appeals, [http://www.dcappeals.gov/dccourts/appeals/pdf/07-BG-179.PDF "No. 07-BG-179: IN RE I. LEWIS LIBBY, JR., RESPONDENT. A Member of the Bar of the District of Columbia Court of Appeals (Bar Registration No. 950758) On Report and Recommendation of the Board on Professional Responsibility (BD No. 372-05)"] , submitted March 6, 2008, decided March 20, 2008, accessed April 18, 2008.] As a result of the Court's ruling, "Libby will lose his license to practice or appear in court in Washington until at least 2012," and, "As is standard, he will probably lose any bar membership he holds in other states"; that is, in Pennsylvania.
Government public service and political career
In 1981, after working as a lawyer in the Philadelphia firm Schnader LLP, Libby accepted the invitation of his former
Yale Universitypolitical science professor and mentor Paul Wolfowitzto join the U.S. State Department's policy planning staff. From 1982 to 1985, according to his official U.S. State Department biography, Libby served as director of special projects in the Bureau of East Asian and Pacific Affairs. In 1985, he received the Foreign Affairs Award for Public Service from the United States Department of Defense, and he resigned from government to enter private legal practice at Dickstein, Shapiro, and Morin. In 1989, he went to work at the Pentagon, again under Wolfowitz, as principal deputy under-secretary for strategy and resources at the U.S. Defense Department.
George H. W. Bush administration, Libby was confirmed by the U.S. Senate as deputy under secretary of defense for policy, serving from 1992–1993. In 1992, he also served as legal advisor for the House Select Committee on U.S. National Security and Military/Commercial Concerns with the People’s Republic of China. Libby co-authored the draft of the Defense Planning Guidance for the 1994–99 fiscal years (dated February 18, 1992) with Wolfowitz for Dick Cheney, who was then Secretary of Defense. In 1993 Libby received the Distinguished Service Award from the U.S. Defense Department and the Distinguished Public Service Award from the U.S. State Department before resuming private legal practice first at Mudge Rose and then at Dechert. Libby was part of a network of neo-conservatives known as the "Vulcans" — its other members included Wolfowitz, Condoleezza Rice, and Donald Rumsfeld. While he was still a managing partner of Dechert Price & Rhoads, he was a signatory to the "Statement of Principles" of the Project for the New American Century(PNAC) (a document dated June 3, 1997). Elliott Abrams, et al., [http://newamericancentury.org/statementofprinciples.htm "Statement of Principles"] , June 3, 1997, "newamericancentury.org", accessed May 28, 2007.] He joined Wolfowitz, PNAC co-founders William Kristol, Robert Kagan, and other "Project Participants" in developing the PNAC's September 2000 report entitled, "Rebuilding America's Defenses: Strategy, Forces, and Resources for a New Century".MSNBC News Services [http://www.msnbc.msn.com/id/9827156/ "Lewis 'Scooter' Libby, a Quiet Force:] Vice President's Former Top Aide is Called 'Dick Cheney's Dick Cheney'", " MSNBC", updated 28 October, 2005, accessed 17 February, 2007.] Thomas Donnelly(Principal Author), et al. ( Project for the New American Century), PDFlink| [http://www.newamericancentury.org/RebuildingAmericasDefenses.pdf "Rebuilding America's Defenses: Strategy, Forces, and Resources for a New Century"] |852 KiB , September 2000, accessed 5 June, 2007. (Project Co-Chairmen: Donald Kaganand Gary Schmitt; full list of "Project Participants", inc. "I. Lewis Libby Dechert Price & Rhoads", appears on page 90, followed by this note: "The above list of individuals participated in at least one project meeting or contributed a paper for discussion. The report is a product solely of the Project for the New American Centuryand does not necessarily represent the views of the project participants or their affiliated institutions.")] Karen Kwiatkowski, [http://dir.salon.com/story/opinion/feature/2004/03/10/osp_moveon/index.html "The New Pentagon Papers:] A High-ranking Military Officer Reveals How Defense Department Extremists Suppressed Information and Twisted the Truth to Drive the Country to War"] , "Slate", 10 March, 2007, accessed 19 April, 2007.]
After becoming Cheney's chief of staff in 2001, Libby was reportedly nicknamed "Germ Boy" at the White House, for insisting on universal
smallpox vaccination.Jeremy Scahill, [http://www.thenation.com/doc/20051128/scahill "Germ Boys and Yes Men"] , online posting, " The Nation", 9 November, 2005( 28 November 2005issue): 2, accessed 3 March, 2007(3 pages).] His was also nicknamed "Dick Cheney's Dick Cheney" for his close working relationship with the Vice President. Mary Matalin, who worked with Libby as an adviser to Cheney during Bush's first term, said of him "He is to the vice president what the vice president is to the president."
Libby was active in the
Defense Policy Board Advisory Committeeof the Pentagonwhen it was chaired by Richard Perleduring the early years of the George W. Bush administration(2001–2003). At various points in his career, Libby has also held positions with the American Bar Association, been on the advisory board of the RAND Corporation's Center for Russiaand Eurasia, and been a legal advisor to the United States House of Representatives, as well as served as a consultant for the defense contractor Northrop Grumman.
Libby was also actively involved in the Bush administration's efforts to negotiate the Israeli-Palestinian "road map" for peace; for example, he participated in a series of meetings with
Jewish leaders in early December 2002 and a meeting with two aides of then-Israeli Prime Minister Ariel Sharonin mid-April 2003, culminating in the Red Sea Summit on June 4, 2004.Matthew E. Berger, [http://www.rjchq.org/News.asp?Formmode=Detail&ID=437 "As White House Menorah Is Lit, Bush Speaks of His Resolve Against Terror"] , " Jewish Telegraphic Agency", December 2, 2002, accessed March 24, 2007: "some Jewish leaders also met Wednesday [November 30, 2002] with Bush administration officials, including the deputy secretary of state, Richard Armitage, and Lewis Libby, chief of staff to Vice President Dick Cheney. ... The message from those meetings, attendees said, was that the United States will not deviate from Bush's June 24 speech, in which he called for new Palestinian leadership and, possibly, a Palestinian state within three years...."] Steven R. Weisman, [http://query.nytimes.com/gst/fullpage.html?res=9A0CE3DC163AF934A25757C0A9659C8B63 "White House Is Pressing Israelis To Take Initiatives in Peace Talks"] , " The New York Times" 17 April, 2003, accessed 23 March, 2008: "It was considered significant that the White House meeting with Mr. Sharon's aides on Tuesday [April 15, 2003] was attended on the American side not only by Secretary of State Colin L. Powell and Condoleezza Rice, the national security adviser, but by others in the administration whom Israelconsiders more sympathetic. ... These other officials included Elliott Abrams, the top White Houseadviser on the Middle East, as well as I. Lewis Libby, Vice President Dick Cheney's chief of staff, and Douglas J. Feith, under secretary of defense for policy."] Former British Foreign Secretary (2001–2006), current Lord Chancellorand Secretary of State for Justice Jack Strawsaid of Libby: "It's a toss-up whether [he] is working for the Israelis or the Americans on any given day."Qtd. by Geoffrey Wheatcroft, [http://www.newstatesman.com/200504250048 "A State Like No Other:] Israel, Once Seen As a Refuge, Has Become One of the Few Places Where Jews Are Attacked Simply for Being Jews", ("Geoffrey Wheatcroft on the troubled history of a homeland."), " The New Statesman", 25 April, 2005, accessed June 30, 2007; a book review of "Jacob's Gift: A Journey into the Heart of Belonging", by Jonathan Freedland(London: Hamish Hamilton, 2005), ISBN 0241142431; "The Question of Zion", by Jacqueline Rose(Princeton: Princeton UP, 2005); and "The Return of Anti-Semitism", by Gabriel Schoenfeld(London: Politico's, 2005); Wheatcroft quotes Straw:
....neoconservatism "is" an episode, an important and interesting one, in the intellectual and political history of Jewish America, and it is impudent to call anyone who mentions this a bigot. Schoenfeld suggests that only racist crackpots ever query the commitment of senior Washington officials, but it wasWheatcroft's book "The Controversy of Zion: Jewish Nationalism, the Jewish State, and the Unresolved Jewish Dilemma" (London: Perseus Books, 1996), ISBN 0201562340 (10); ISBN 978-0201562347 (13), won a National Jewish Book Award (US); the former editor of "
Jack Straw, himself a descendant of Jewish immigrants, who said of Lewis Libby, Vice-President Dick Cheney's chief of staff: "It's a toss-up whether Libby is working for the Israelis or the Americans on any given day." The Spectator" (UK), he is also the author of "The Strange Death of Tory England" (London: Allen Lane, 2005); ISBN 0713998016 (10); ISBN 978-0713998016 (13). That remark by Straw is quoted by "New Statesman" editor John Kampfnerin his book "Blair's Wars" (New York: Simon & Schuster, 2003; London: Free Press, 2004); ISBN 0743248295 (10); ISBN 978-0743248297 (13); cf. Charles Grant, [http://www.cer.org.uk/articles/grant_prospect_oct03.html "Prospect: Blair's Five Wars"] , "Centre for European Reform" (UK), October 2003, accessed 30 June, 2007(6 pages):
Kampfner's book contains some wonderful vignettes. He describes how badly the Blair camp gets on with Vice-President] In their highly-controversial and widely-contested "Working Paper" entitled "The Israel Lobby and U.S. Foreign Policy",
Dick Cheneyand his office, and particularly with Lewis Libby, Cheney's chief of staff, who is close to Israel's Likudparty. In 2002, while Colin Powellwas having a difficult trip in the Middle East, he complained to Jack Strawthat Ariel Sharonalways seemed to have advance notice of the US position. Kampfner reports that Straw later remarked, "It is a toss up whether Libby is working for the Israelis or the Americans on any given day." University of Chicagopolitical science professor John J. Mearsheimerand academic dean of the John F. Kennedy School of Governmentat Harvard University Stephen M. Waltargue that Libby was among the Bush administration's most "fervently pro-Israel ... officials" (20). John J. Mearsheimer(Department of Political Science, University of Chicago) and Stephen M. Walt( John F. Kennedy School of Government, Harvard University), [http://ksgnotes1.harvard.edu/Research/wpaper.nsf/rwp/RWP06-011/$File/rwp_06_011_walt.pdf "The Israel Lobby and U.S. Foreign Policy"] , online posting, " Harvard University", March 2006 (RWP06‐011), accessed 1 July, 2007. (Document features institutional disclaimer and notes that "An edited and reworked version of this paper" was published in " London Review of Books", 28.6 ( 23 March, 2006), "available online at www.lrb.co.uk." The LRB version entitled [http://www.lrb.co.uk/v28/n06/mear01_.html "The Israel Lobby"] contains the same passage qtd. above in this text; it is rpt. as part of the LRB feature article entitled "The Israel Lobby Debate", incorporating a video link to "Israel lobby: does it have too much influence on American foreign policy?"; "The panellists [sic] were Shlomo Ben-Ami, Martin Indyk, Tony Judt, Rashid Khalidi, John Mearsheimerand Dennis Ross, and the moderator was Anne-Marie Slaughter." Also accessed 1 July, 2007.)] See|The Israel Lobby and U.S. Foreign Policy
June 5, 2007, after Judge Reggie Waltonsentenced Libby, Jewish Telegraphic Agency(JTA) Washington, D.C.bureau chief Ron Kampeasobserved that former Sovietdissident and Israeli politician and writer Natan Sharanskywas one of many "Jews pleading leniency for Libby -- without success," and that Arye Genger, who served as a liaison between Sharon and the Bush administration, credited Libby with trying to reduce civilian casualties among Israelisand Palestinians during the second intifada. Ron Kampeas, [http://www.jta.org/cgi-bin/iowa/news/article/20070605natanlibby.html "Sharansky Leads Jews Pleading Leniency for Libby -- Without Success"] , " Jewish Telegraphic Agency(JTA)", 5 June, 2007, accessed, 15 June, 2007; rpt. in Ron Kampeas(JTA), [http://www.jewishsf.com/content/2-0-/module/displaystory/story_id/32743/format/html/displaystory.html "Sharansky and 173 Others Plead Leniency for Libby"] , " The Jewish News Weeklyof Northern California", 8 June, 2007, accessed 15 June, 2007. All 174 sentencing letters have been released to the public; these letters have been posted and/or referred to in various online news sites and in the compiled indices of Libby-related news articles hosted by major mass mediasites such as " CNN News" and " The New York Times". A central source of all the letters cited by Kampeas is the PDFlink| [http://www.fas.org/sgp/jud/libby/letters.pdf "Federation of American Scientists' Secrecy Project" Libby sentencing letters] |17.9 MiB , " Secrecy News" (online newsletter of the Federation of American Scientists), n.d., accessed 15 June, 2007. They are presented alphabetically, according to the last name of the writer(s).] According to the JTA, "Libby is Jewish, and a significant portion of those who had pleaded with the judge for a lenient sentence are leaders in Washington's Middle Eastpolicy community." [http://www.jta.org/cgi-bin/iowa/breaking/102815.html "Breaking News: Bush Commutes Libby Sentence"] , " Jewish Telegraphic Agency", 2 July, 2007, accessed 13 July, 2007.]
Awards for government service
*Distinguished Service Award,
United States Department of Defense, 1993
*Distinguished Public Service Award,
United States Department of the Navy, 1993
*Foreign Affairs Award for Public Service,
United States Department of State, 1985
ubsequent work experience
From January 2006 until
March 7, 2007, the day after his conviction in United States v. Libby, when he resigned, Libby served as a "senior advisor" at the Hudson Institute, focusing on "issues relating to the War on Terrorand the future of Asia... offer [ing] research guidance and ... advis [ing] the institute in strategic planning."David Johnston, [http://query.nytimes.com/gst/fullpage.html?res=9D00E7DF1F30F934A35752C0A9609C8B63 "National Briefing: New Job for Libby"] , " The New York Times", 7 January, 2006, accessed 5 July, 2007.] His resignation was announced by the Hudson Institute in a press release dated March 8, 2007.
Involvement in the Plame affair
Between 2003 and 2005 intense speculation centered on the possibility that Libby may have been the administration official who had "leaked" classified employment information about Valerie E. Wilson (aka "Valerie Plame"), the wife of
Iraq warcritic Joseph Wilson and a formerly covert CIA agent, to " New York Times" reporter Judith Millerand other reporters and later tried to hide his having done so. Farhad Manjoo, [http://www.salon.com/politics/war_room/2005/10/11/waas/index.html "War Room: Did Scooter Libby Try to Hide His Meeting with Judith Miller?"] , "Salon", 11 October, 2005, accessed 28 June, 2007.] David Corn, [http://www.thenation.com/blogs/capitalgames?bid=3&pid=57174 "Will Scooter Libby Graymail the CIA?"] , "Capital Games" (blog), " The Nation", 6 February, 2006, accessed 18 April, 2007.]
In August 2005, as revealed in grand jury testimony audiotapes played during the trial and reported in many news accounts, Libby testified that he met with Judith Miller, a reporter with the "New York Times", on
July 8, 2003, and discussed Plame with her. [http://www.npr.org/templates/story/story.php?storyId=7262723 "Libby's Complete Grand Jury Testimony"] , transcript and NPR audio player clips, " National Public Radio", 9 February, 2007, accessed 29 June, 2007.] See main|Plame affair#Judith MillerAlthough Libby signed a "blanket waiver" allowing journalists to discuss their conversations with him pursuant to the CIA leak grand jury investigation, Miller maintained that such a waiver did not serve to allow her to reveal her source to that grand jury; moreover, Miller argued that Libby's general waiver pertaining to all journalists could have been coerced and that she would only testify before that grand jury if given an individual waiver.For transcripts of the trial testimony, including that by Judith Miller, "edited & with reporting by Murray Waas,", see Murray Waas, ed., with Jeff Lomonaco, "The United States v. I. Lewis Libby" (New York: Union Square Press (imprint of Sterling Publishing), 2007); ISBN 1402752598 (10); ISBN 978-1402752599 (13).]
After refusing to testify about her July 2003 meeting with Libby, Judith Miller was jailed on
July 7, 2005for contempt of court. Months later, however, her new attorney, Robert Bennett, told her that she already had possessed a written, voluntary waiver from Libby all along. Margaret Carlson, [http://www.bloomberg.com/apps/news?pid=20601109&sid=aPiGrodGdxWo&refer=muse "Time's Pearlstine Looks Back at Plamegate, Blames Floyd Abrams"] , " Bloomberg.com", last updated June 27 2007, accessed June 29 2007.]
After Miller had served most of her sentence, Libby reiterated that he had indeed given her a "waiver" both "voluntarily and personally." He attached the following letter, which, when released publicly, became the subject of further speculation about Libby's possible motives in sending it:
As noted above, my lawyer confirmed my waiver to other reporters in just the way he did with your lawyer. Why? Because as I am sure will not be news to you, the public report of every other reporter's testimony makes clear that they did not discuss Ms. Plame's name or identity with me, or knew about her before our call.
. . . .
You went to jail in the summer. It is fall now. You will have stories to cover – Iraqi elections and
suicide bombers, biological threats, bird fluand the Iranian nuclear program. Out West, where you vacation, the aspens will already be turning. They turn in clusters, because their roots connect them. Come back to work — and life. Until then, you will remain in my thoughts and prayers.
With admiration, Scooter Libby.Lewis Libby, PDFlink| [http://www.nytimes.com/packages/pdf/national/nat_MILLER_051001.pdf "Letter from Libby to Judith Miller"] ,|3.12 MiB "
The New York Times", 15 September, 2005), accessed 17 February, 2007.] Murray Waas, [http://nationaljournal.com/about/njweekly/stories/2005/1011nj1.htm "Libby Did Not Tell Grand Jury about Key Conversation"] , " The National Journal", 11 November, 2005, accessed 29 June, 2007.]
After agreeing to testify, Miller was released on
September 29, 2005, appearing before the grand jury the next day, but the charge against her was rescinded only after she testified again on October 12, 2005. For her second grand jury appearance, Miller produced a notebook from a previously-undisclosed meeting with Libby on June 23, 2003, two weeks before Wilson's "New York Times" op-ed was published. Judith Miller, [http://www.nytimes.com/2005/10/16/national/16miller.html "A Personal Account: My Four Hours Testifying in the Federal Grand Jury Room"] , " New York Times", 16 October, 2005, accessed 23 March, 2008.] In her account published in the "Times" on October 16, 2005, based on her notes, Miller reports:
... in an interview with me on June 23  , Vice President Dick Cheney's chief of staff, I. Lewis Libby, discussed Mr. Wilson's activities and placed blame for intelligence failures on the C.I.A. In later conversations with me, on July 8 and July 12  , Mr. Libby, ... [at the time] Mr. Cheney's top aide, played down the importance of Mr. Wilson's mission and questioned his performance. ... My notes indicate that well before Mr. Wilson published his critique, Mr. Libby told me that Mr. Wilson's wife may have worked on unconventional weapons at the C.I.A. ... My notes do not show that Mr. Libby identified Mr. Wilson's wife by name. Nor do they show that he described Valerie Wilson as a covert agent or "operative" ....Her notes on her
July 8, 2003meeting with Libby does contain the name "Valerie Flame [sic] ," which she added retrospectively. While Miller reveals publicly that she herself had misidentified the last name of Wilson's wife (aka "Valerie Plame") in her own marginal notes on their interview as "Flame" instead of "Plame," in her grand jury (and later trial testimony), she remained uncertain when, how, and why she arrived at that name and did not attribute it to Libby:
I was not permitted to take notes of what I told the grand jury, and my interview notes on Mr. Libby are sketchy in places. It is also difficult, more than two years later, to parse the meaning and context of phrases, of underlining and of parentheses. On one page of my interview notes, for example, I wrote the name "Valerie Flame." Yet, as I told Mr. Fitzgerald, I simply could not recall where that came from, when I wrote it or why the name was misspelled. ... I testified that I did not believe the name came from Mr. Libby, in part because the notation does not appear in the same part of my notebook as the interview notes from him.A year and a half later, a jury would convict Libby of obstruction of justice and perjury in his grand jury testimony and making false statements to federal investigators about when and how he learned that Plame was a CIA agent. [http://graphics8.nytimes.com/images/2007/03/06/washington/06cnd-libby_counts_subgraph.jpg"The Counts"] , Multimedia graphic in " [http://topics.nytimes.com/top/reference/timestopics/people/l/i_lewis_libby_jr/index.html Times Topics: I. Lewis Libby Jr.] ","
The New York Times", 5 March, 2007, accessed 29 June, 2007.]
Indictment and resignation
October 28, 2005, as a result of the CIA leak grand jury investigation, Special Counsel Fitzgerald indicted Libby on five counts: one count of obstruction of justice, two counts of making false statements when interviewed by agents of the FBI, and two counts of perjuryin his testimony before the grand jury. Pursuant to the grand jury investigation, Libby had told FBI investigators that he first heard of Mrs. Wilson's CIA employment from Cheney, and then later heard it from journalist Tim Russert, and acted as if did not have that information.Clarice Feldman, [http://www.americanthinker.com/2006/01/libbys_defense_goes_after_anti.html "Libby's Defense Goes After Antique Media Reporters"] , " The American Thinker", 30 January, 2006, as confirmed by the playing of Libby's taped grand jury testimony in court on 7 February, 2007.] [http://www.cnn.com/2007/POLITICS/02/07/cia.leak/index.html "Russert Says He Didn't Give Libby Agent's ID"] , "CNN.com", 8 February, 2007, accessed 14 July, 2007.] [http://www.msnbc.msn.com/id/17020411/ "Russert Testifies in Libby Perjury Trial:] Packed Court Hears NBC Newsman Deny Identifying CIA Operative", " MSNBC", 12 February, 2007, accessed 14 July, 2007.] The indictment alleges that statements to federal investigators and the grand jury were intentionally false, in that Libby had numerous conversations about Mrs. Wilson's CIAemployment, including his conversations with Judith Miller(see above), before speaking to Russert; Russert did not tell Libby about Mrs. Wilson's CIA employment; prior to talking with such reporters, Libby knew with certainty that she was employed by the CIA; and Libby told reporters that she worked for the CIA without making any disclaimer that he was uncertain of that fact. The false statements counts in the Libby indictment charge that he intentionally made those false claims to the FBI; the perjury counts charge that he intentionally lied to the grand jury in repeating those false claims; and the obstruction of justice count charges that Libby intentionally made those false statements in order to mislead the grand jury, thus impeding Fitzgerald's grand jury investigation of the truth about the leaking of Mrs. Wilson's then-classified, covert CIA identity.
Trial, conviction, and sentencing
March 6, 2007, the jury convictedhim on four of the five counts but acquitted him on count three, the second charge of making false statements when interviewed by federal agents about his conversations with "Time" reporter Matthew Cooper .
After being questioned by the FBI in the fall of 2003 and testifying before a Federal grand jury on
March 5 2004, and again on March 24 2004, Libby pleaded not guilty to all five counts. According to the Associated Press, David Addington, Cheney's legal counsel, described a September 2003 meeting with Libby around the time that a criminal investigation began, saying that Libby had told him, "'I just want to tell you, I didn't do it'... I didn't ask what the 'it' was.'" [http://newsmax.com/archives/articles/2007/1/30/122302.shtml 'Scooter' Libby Reportedly Said 'I didn't do it'"] , " Associated Press", January 30 2007, accessed February 15 2007.]
Libby retained attorney
Ted Wellsof the firm of Paul, Weiss, Rifkind, Wharton & Garrisonto represent him. Wells had successfully defended former Secretary of Agriculture Mike Espyagainst a 30-count indictment and had also participated in the successful defense of former Secretary of Labor Raymond Donovan. Viveca Novak, [http://www.cnn.com/ALLPOLITICS/time/1998/12/07/independant.council.html "Was This a Bad Idea?] A Verdict Clearing Espy Is the Latest Sign That the Independent-Counsel Statute Is Likely to Perish", " CNN News", December 17 1998, accessed July 3 2007.]
Reggie Waltondenied Libby's motion to dismiss, the press initially reported that Libby would testify at the trial. Jeralyn Merritt, [http://talkleft.com/new_archives/015796.html "Libby to Testify at His Trial"] , "TalkLeft" (accredited press blog), September 23 2006, accessed January 24 2007.] Libby's criminal trial, " United States v. Libby", began on January 16 2007.
Despite earlier press reports and widespread ongoing speculations, neither Libby nor Vice President Cheney testified. The jury began deliberations on
February 21, 2007.
After deliberating for 10 days, the jury rendered its verdict on
March 6, 2007. Jeralyn Merritt, [http://www.washingtonpost.com/wp-dyn/content/discussion/2007/03/06/DI2007030600559.html "Verdict in the Libby Trial"] , transcript, " The Washington Post" ("Live Online" discussion), 6 March, 2007, 2:00–3:00 p.m., ET.] It convicted Libby on four of the five counts against him: two counts of perjury, one count of obstruction of justicein a grand juryinvestigation, and one of the two counts of making false statements to federal investigators––and acquitted him on one count of making false statements.David Stout and Neil Lewis, [http://www.nytimes.com/2007/03/06/washington/06cnd-libby.html "Libby Guilty of Lying in C.I.A. Leak Case] ", " The New York Times", 6 March, 2007, accessed 6 March, 2007.]
Comment on the verdict by prosecutor Patrick Fitzgerald
Speaking to the media outside the courtroom after the verdict, Fitzgerald said that "The jury worked very long and hard and deliberated at length ... [and] was obviously convinced beyond a reasonable doubt that the defendant had lied and obstructed justice in a serious manner. ... I do not expect to file any further charges". [http://www.msnbc.msn.com/id/17479718/from/RS.2/ "Jurors Convict Libby on Four of Five Charges:] Cheney’s Ex-aide Faces Jail Time in CIA Leak Case; Sentencing Set for June", "
MSNBC", 6 March, 2007, updated 9:18 p.m., ET, accessed 7 March, 2007.] [http://www.cnn.com/video/portable/promoplayer.html?mode=vod&video=/video/law/2007/03/06/sot.fitzgerald.libby.verdict.cnn&source=pop/ CNN video clip of Fitzgerald's remarks] , March 6 2007, accessed June 8 2007. (Access limited to one viewing per day.)] The trial confirmed that the leak came first from then-Deputy Secretary of State Richard Armitage; since Fitzgerald did not charge Armitage and expects to charge no one else, Libby's conviction effectively ended the investigation.Michael J. Sniffen and Matt Apuzzo ( Associated Press), [http://abcnews.go.com/Politics/wireStory?id=2927810 "Libby Found Guilty in CIA Leak Trial:] Ex-Cheney Aide Libby Found Guilty of Obstruction, Perjury, Lying to the FBI in CIA Leak Case", " ABC News", March 6 2007, accessed June 10 2007.]
October 28 2005press conference about the grand jury's indictment, Fitzgerald had already explained that Libby's obstruction of justice through perjury and false statements had prevented the grand jury from determining whether the leak violated federal law. [http://mediamatters.org/items/200703060008 "Libby's Guilty Verdict: Media Myths and Falsehoods to Watch for"] , " Media Matters for America", March 6 2007, accessed June 8 2007.] [http://www.washingtonpost.com/wp-dyn/content/article/2005/10/28/AR2005102801340.html Transcript of Special Counsel Fitzgerald's press conference] , " The Washington Post", October 28 2005, accessed June 8 2007.]
During his media appearance outside the courtroom after the verdict in the Libby case, Fitzgerald fielded questions from the press about others involved in the
Plame affairand in the CIA leak grand jury investigation, such as Armitage and Cheney, whom he had already described as "under a cloud", as already addressed in his conduct of the case and in his closing arguments in court. [http://www.msnbc.msn.com/id/17500261/ Transcript] and video clips presented on " Hardball with Chris Matthews", MSNBC, March 6 2007, 7:00–8:00 p.m., ET; repeated on March 7 2007, 3:00–4:00 a.m., ET.] Jeralyn Merritt, [http://www.talkleft.com/story/2007/2/24/141015/646 "Fitz Closing in Libby; Cheney Is Under a Cloud"] "TalkLeft" (accredited press blog), February 24 2007, accessed June 8 2007, observes that "Fitzgerald squarely blames Libby for putting the cloud on the Vice President," quoting from Fitzgerald's closing arguments, e.g.:
There is a cloud over the vice president. He sent Libby off to [meet with former New York Times reporter] Judith Miller at the St. Regis Hotel. At that meeting, the two hour meeting, the defendant [Libby] talked about the wife [Plame] . We didn't put that cloud there. That cloud remains because the defendant obstructed justice and lied about what happened. ... He's put the doubt into whatever happened that week, whatever is going on between the Vice President and the defendant, that cloud was there. That's not something that we put there. That cloud is something that we just can't pretend isn't there.
Comment on the verdict by Libby's defense team
After the verdict, initially, Libby's lawyers announced that he would seek a new trial, and that, if that attempt were to fail, they would
appealLibby's conviction. [http://www.cnn.com/SPECIALS/2005/cia.leak/index.html "Libby Found Guilty of Perjury, Obstruction"] , " CNN Newsroom", 6 March, 2007, accessed 6 March, 2007.] [http://www.cnn.com/2007/POLITICS/03/06/cia.leak/index.html "Libby Lawyer Demands New Trial After Conviction"] , " CNN Newsroom", 6 March, 2007, accessed 6 march, 2007.] Libby did not speak to reporters."
Libby's defense team eventually decided against seeking a new trial.Ambassador Mel Sembler, Chairman, Libby Defense Trust, and the Advisory Committee, [http://www.scooterlibby.com/ "Message from the Chairman"] , "Libby Defense Trust", "scooterlibby.com",
1 June, 2007, accessed 5 June, 2007.]
Given current federal sentencing guidelines, which are not mandatory, the conviction could have resulted in a sentence ranging from no imprisonment to imprisonment of up to 25 years and a fine of $1,000,000; yet, as Sniffen and Apuzzo observe, "federal sentencing guidelines will probably prescribe far less." In practice, according to federal sentencing data, three-fourths of the 198 defendants found guilty of obstruction of justice in 2006 served jail time. The average length of jail time on this charge alone was 70 months.Richard B. Schmitt and David G. Savage, [http://www.baltimoresun.com/news/nationworld/bal-te.libby04jul04,0,1607593.story?coll=bal-nationworld-headlines "Libby Sentence Met Guidelines"] , "
The Baltimore Sun", 4 July 2007, accessed 5 July, 2007.]
June 5, 2007, Judge Walton sentenced Libby to 30 months in prison and fined him $250,000. According to Apuzzo and Yost, the judge also "placed him on two years probation after his prison sentence expires. There is no parole in the federal system, but Libby would be eligible for release after two years." In addition, Judge Walton required Libby to provide "400 hours of community service" during his supervised release.
June 5, 2007, after the announcement of Libby's sentencing, " CNN News" reported that Libby still "plans to appeal the verdict."
That day, in response to the sentencing, Cheney issued a statement in Libby's defense on
The White Housewebsite. The statement concluded: "Speaking as friends, we hope that our system will return a final result consistent with what we know of this fine man." [http://www.whitehouse.gov/news/releases/2007/06/20070605-12.html "Vice President Statement on Libby Sentencing"] , "whitehouse.gov", June 5, 2007, accessed June 6, 2007.]
Prior to the sentencing, along with
Natan Sharansky, as cited earlier, 173 others had sent Walton letters "plead [ing] for leniency" for Libby. Ron Kampeas, [http://www.jta.org/cgi-bin/iowa/news/article/20070605natanlibby.html "Sharansky Leads Jews Pleading Leniency for Libby -- Without Success"] , " Jewish Telegraphic Agency(JTA)", June 5, 2007, accessed June 15, 2007; rpt. in Ron Kampeas(JTA), [http://www.jewishsf.com/content/2-0-/module/displaystory/story_id/32743/format/html/displaystory.html "Sharansky and 173 Others Plead Leniency for Libby"] , " The Jewish News Weeklyof Northern California", June 8, 2007, accessed June 15, 2007. All 174 "sentencing letters" (some jointly authored) have been released to the public by Judge Walton, who presided in United States v. Libbyand who sentenced him on June 5, 2007; these now-public letters have been posted and/or referred to in various online news sites and in the compiled indices of Libby-related news articles hosted by major mass mediasites such as " CNN News" and " The New York Times". A central source of all the letters cited by Kampeas is the PDFlink| [http://www.fas.org/sgp/jud/libby/letters.pdf "Federation of American Scientists' Secrecy Project" Libby sentencing letters] |17.9 MiB , " Secrecy News" (online newsletter of the Federation of American Scientists), accessed 15 June, 2007. They are presented alphabetically, according to the last name of the writer(s).]
Joseph and Valerie Wilson posted their statement on Libby's sentencing in "
United States v. Libby" on their website.Joseph and Valerie Wilson, [http://www.wilsonsupport.org/node/417 "Statement from Joseph Wilson on Libby Sentencing"] , " [http://www.wilsonsupport.org/home Joseph and Valerie Wilson Legal Support Trust] ", June 5, 2007, News, accessed June 6, 2007.]
Order to report to prison pending appeal of verdict
After the June 5 sentencing, Walton said he was inclined to jail Libby after the defense laid out its proposed appeal, but the judge told attorneys he was open to changing his mind"; however, on
June 14, 2007, Walton ordered Libby to report to prison while his attorneys appealed the conviction. [http://www.cnn.com/2007/POLITICS/06/14/libby.hearing/index.html "Judge Orders Libby Jailed during Appeal"] , " CNN News", 14 June, 2007, accessed 14 June, 2007.] Libby's attorneys asked that the order be stayed, but Walton denied the request and told Libby that he would have 10 days to appeal the ruling. In denying Libby's request, which had questioned Fitzgerald's authority to make the charges in the first place, Walton supported Fitzgerald's authority in the case. He said: "'Everyone is accountable, and if you work in the White House, and if it's perceived that somehow (you're) linked at the hip, the American public would have serious questions about the fairness of any investigation of a high-level official conducted by the attorney general.'" The judge was also responding to an Amicus curiaebrief that he had permitted to be filed, which had not apparently convinced him to change his mind, as he subsequently denied Libby bail during his appeal.Cf. [http://www.scooterlibby.com/news/briefs/AmicusBrief.pdf "Motion for Leave to File Brief As Amici Curiae] and Brief of Law Professors Vikram Amar, Randy E. Barnett, Robert H. Bork, Alan M. Dershowitz, Viet D. Dinh, Douglas W. Kmiec, Gary S. Lawson, Earl M. Maltz, Thomas W. Merrill, Robert F. Nagel, Richard D. Parker, and Robert J. Pushaw As Amici Curiae in Connection with Defendant's Motion for Bail Pending Appeal", filed June 8 2007, online posting, "Scooter Libby Defense Trust", June 7 2007, accessed June 15 2007.] His "order grant [ing] the [legal academic] scholars permission to file their brief ... contained a caustic footnote questioning the motivation of the legal academics and suggesting he might not give a great deal of weight to their opinion [:] Cf. Josh Gerstein, [http://www.nysun.com/article/56207 "National: Professors Back Libby on Appeal:] Group Includes Dershowitz, Bork", " The New York Sun", June 8 2007, updated June 9 2007, accessed June 15 2007.]
... It is an impressive show of public service when twelve prominent and distinguished current and former law professors are able to amass their collective wisdom in the course of only several days to provide their legal expertise to the court on behalf of a criminal defendant. The Court trusts that this is a reflection of these eminent academics' willingness in the future to step to the plate and provide like assistance in cases involving any of the numerous litigants, both in this Court and throughout the courts of this nation, who lack the financial means to fully and properly articulate the merits of their legal positions even in instances where failure to do so could result in monetary penalties, incarceration, or worse. The Court will certainly not hesitate to call for such assistance from these luminaries, as necessary in the interests of justice and equity, whenever similar questions arise in the cases that come before it."Moreover, when the hearing started, "'in the interest of full disclosure,'" Walton informed the court that he had "'received a number of harassing, angry and mean-spirited phone calls and messages. Some wishing bad things on me and my family,'" adding "'Those types of things will have no impact. ... I initially threw them away, but then there were more, some that were more hateful ... They are being kept.'" [http://www.cnn.com/2007/POLITICS/06/14/libby.hearing/index.html "Judge Orders Libby Jailed during Appeal"] , "
CNN News", 14 June, 2007, accessed 14 June, 2007.]
"New York Times" reporters Neil Lewis and David Stout estimated subsequently that Libby's prison sentence could begin within "two months," explaining that
Judge Walton’s decision means that the defense lawyers will probably ask a federal appeals court to block the sentence, a long-shot move. It also sharpens interest in a question being asked by Mr. Libby’s supporters and critics alike: Will President Bush pardon Mr. Libby? ... So far, the president has expressed sympathy for Mr. Libby and his family but has not tipped his hand on the pardon issue. ... If the president does not pardon him, and if an appeals court refuses to second-guess Judge Walton’s decision, Mr. Libby will probably be ordered to report to prison in six to eight weeks’ time. Federal prison authorities will decide where. "Unless the Court of Appeals overturns my ruling, he will have to report," Judge Walton said.Neil A. Lewis and David Stout, [http://www.nytimes.com/2007/06/14/washington/14cnd-libby.htm "Judge Won't Delay Libby Prison Term"] , "
The New York Times", 14 June, 2007, accessed 16 June, 2007.]
Failure of Libby's appeal of order to begin prison sentence
June 20, 2007, Libby appealed Walton's ruling in federal appeals court. Associated Press, [http://www.nytimes.com/2007/06/20/washington/20brfs-libby.htm "Libby Appeals Sentencing Ruling"] , " New York Times", 20 June, 2007, accesssed 20 June, 2007.] The next day, Walton filed a 30-page expanded ruling, in which he explained his decision to deny Libby bail in more detail.Josh Gerstein, [http://www.nysun.com/article/57156?page_no=1 "Libby Judge Files Expanded Opinion:] Details Decision Not Allowing Libby to Remain Free", " New York Sun", June 22, 2007, accessed June 22, 2007.] Reggie B. Walton, [https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2005cr0394-373 "Memorandum Opinion"] , filed 21 June, 2007, accessed 8 July, 2007.] On July 2, 2007, the U.S. Court of Appeals for the D.C. Circuit denied Libby's request for a delay and release from his prison sentence, stating that Libby "'has not shown that the appeal raises a substantial question' under federal law that would merit letting him remain free," increasing "pressure on President George W. Bush to decide soon whether to pardon Libby ... as the former White House official's supporters have urged."Cary O'Reilly, " [http://www.bloomberg.com/apps/news?pid=20601087&sid=a3Fg82u4qIok&refer=home Libby, Ex-Cheney Aide, Must Go to Jail During Appeal (Update2)] ", "Bloomberg.com", 2 July, 2007, accessed 2 July, 2007. According to O'Reilly, "The appeals court case is U.S. v. Libby, 07-3068, U.S. Court of Appeals for the District of Columbia Circuit (Washington)."] Cf. Matt Apuzzo ( Associated Press), [http://www.theglobeandmail.com/servlet/story/RTGAM.20070702.wlibby0702/BNStory/International/home "Court to Libby: Go Directly to Jail"] , " The Globe and Mail", 2 July, 2007, accessed 2 July, 2007. ["The U.S. Bureau of Prisons has not yet assigned Mr. Libby a prison or given him a date to surrender, but last week it designated him as federal inmate No. 28301-016."] ]
Presidential pardon issue
Soon after the verdict, calls for Libby to be
pardoned by President George W. Bushbegan to appear in some newspapers; some of them are posted online by the Libby Legal Defense Trust." [