More Libby sentencing speculation
The speculations about sentencing in the Libby case are already quite interesting: US News has this brief piece headlined “Libby Looking at 15 Months to Three Years, Experts Predict”; Wonkette has this more fun piece entitled “EXCLUSIVE LEGAL MUMBO JUMBO: What Will Happen to Scooter?” Here is the tail end of the Wonkette coverage:
[A]ssuming that Scooter doesn’t have more than one previous conviction for something like DUI, he’s got a guideline Offense Level of 17 or 20 points, with no other enhancements bringing it up or credits bringing it down. That’s 24-30 months or 33-41 months. Keep in mind that the Judge can use his discretion to go outside the guidelines in any one of 3 ways: give Scooter 2 points off for accepting responsibility (which is unlikely, ’cause it’d require that either effectively confess guilt, ending any appeal hopes, or that the Judge find that the guy has accepted responsibility when he clearly hasn’t — but hey, Martha Stewart’s judge did exactly that); find that his age or health entitles him to some downward departure; or just scrap a bunch of time for shits and giggles.
My guess is 24 months — the low end of the range for a 17 point offense level. There’s also a possibility that the US Attorney could ask for a reduction under Rule 5K or Rule 35 for some sort of substantial assistance, but I wouldn’t hold my breath that Scooter’s now going to help, and I wouldn’t imagine that Fitzgerald is going to do anything unless Scooter can give up the secret information tying W to Saddaam in a gay sex-for-drugs scheme that took place in Rumsfeld’s den.
On related fronts, here at CNN legal analyst Jeff Toobin is exploring “can Scooter Libby extend his time outside of prison long enough to get to that lame duck period when he might actually get a pardon?”
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