Issues to watch in Lewis Libby’s sentencing

As detailed in this AP article, this morning is the scheduled federal sentencing of Lewis “Scooter” Libby in DC District Court.  The article ponders the interesting question of whether Libby himself will speak as part of the sentencing proceeding.  Here are some other issues I’ll be will be watching:

1.  Will Judge Walton accept the PSR’s guideline recommendation (setting the advisory sentencing range at 15-21 months’ imprisonment) or will he apply the enhancements urged by the government (which bump the range up to 30-37 months)?  This new Time article unpacks this aspect of the case.

2.  Will Judge Walton grant a “traditional departure” on any of the grounds urged by the defense?  TalkLeft covers some of these issues here.

3.  Will Judge Walton follow the guidelines (with or without a traditional departure) or will he impose a non-guideline sentence?

4.  If judge Judge Walton gives some term of confinement to Libby, will he grant bail pending appeal?

Of course, these questions all serve a prelude to the pardon debate that will surely heat up in the days ahead, especially if Libby gets a prison sentence and bail pending appeal is not granted.

Some recent related Libby sentencing posts:

• Exactly what sentence should/will Scooter Libby get?
• Government pushing for around 3 years for Libby
• The best sentencing defense money can buy…?
• An effective primer before the Libby sentencing
• Will Libby get bail pending appeal from the courts? Can he get it from the President?
• Libby sentencing archive