Sentencing dynamics in CIA leak investigation
The five-count, 22-page indictment of I. Lewis “Scooter” Libby in the CIA leak investigation can be accessed here, and a nine-page DOJ press release is available here. That official press release in the penultimate paragraph says this about the possible sentencing of Lewis Libby on these charges:
If convicted, the crimes charged in the indictment carry the following maximum penalties on each count: obstruction of justice – 10 years in prison, and making false statements and perjury – 5 years in prison, and each count carries a maximum fine of $250,000, making the maximum penalty for conviction on all counts 30 years in prison and a $1.25 million fine. Note, however, that the Court would determine the appropriate sentence to be imposed.
In addition to continuing to wonder whether special prosecutor Patrick Fitzgerald has done guideline calculations, I am also now wondering about what might qualify as “relevant conduct” at sentencing if Libby is convicted and, of course, whether and how a plea deal with Libby might emerge.
UPDATE: During his press conference, Fitzgerald responded to a question about the maximum possible sentence that Lewis Libby could receive by stressing that federal judge are to consider at sentencing guidelines that are now “nonbinding” and that take into account “all sort of factors.”