Noticing the government’s sentencing trick in the Libby case
Byron York, writing at the National Review Online, has this new commentary on the upcoming Libby sentencing entitled “Fitzgerald: O.K., Libby Wasn’t Convicted of Leaking — But Punish Him As If He Had Been.” York notices the little trick of punishing for unconvicted conduct that the government, aided by provisions of the federal sentencing guidelines, uses all the time in federal sentencing. (I wonder if York realizes that, under current federal sentencing rules, Fitz could make this argument even if Libby had been acquitted of leaking.)
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