United States v. Libby | |
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Court | United States District Court for the District of Columbia |
Full case name | United States of America v. I. Lewis Libby, also known as "Scooter" Libby |
Defendant | Scooter Libby |
Prosecution | Patrick Fitzgerald |
Citation | Docket no. 1:2005-cr-00394-RBW |
Court membership | |
Judge sitting | Reggie Walton |
United States v. Libby was the federal trial of I. Lewis "Scooter" Libby, a former high-ranking official in the George W. Bush administration, for interfering with special prosecutor Patrick Fitzgerald's criminal investigation of the Plame affair.
Libby served as Assistant to the President under George W. Bush and Chief of Staff to the Vice President of the United States and Assistant to the Vice President for National Security Affairs under Dick Cheney from 2001 to 2005. Libby resigned from his government positions hours after his indictment on October 28, 2005.
Libby was indicted by a federal grand jury on five felony counts of making false statements to federal investigators, perjury for lying to a federal grand jury, and obstruction of justice for impeding the course of a federal grand jury investigation concerned with the possibly illegal leaking by government officials of the classified identity of a covert agent of the CIA, Valerie Plame Wilson, the wife of former Ambassador Joseph C. Wilson IV. Pursuant to the grand jury leak investigation, Libby was convicted on March 6, 2007, on four counts of perjury, obstruction of justice, and making false statements. He was acquitted of one count of making false statements.
Libby was sentenced to 30 months in prison and fined $250,000. The sentence was commuted in June 2007 by President Bush, voiding the prison term. The convictions no longer stand on the record because Libby was pardoned by President Trump on April 13, 2018.[1]
On April 3, 2007, the District of Columbia Bar suspended his license to practice law in Washington, D.C., and recommended his disbarment pending his appeal of his conviction.[2] 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.[3] He delayed reinstatement until June 2016, when he successfully petitioned the court for reinstatement. He was readmitted to the D.C. bar on November 3, 2016.[4]
In the District of Columbia Court of Appeals Disciplinary Counsel's Report reinstating Libby's law license, the Counsel noted that Libby had continued to assert his innocence. As a result, the Counsel had to "undertake a more complex evaluation of a Petition for reinstatement" than when a petitioner admits guilt. But the Counsel found that "Libby has presented credible evidence in support of his version of events and it appears that one key prosecution witness [sic], Judith Miller, has changed her recollection of the events in question."[5] The reference to Judith Miller, a former New York Times reporter, involved her memoir, The Story, A Reporter's Journey. In the book, Miller said she read Plame's memoir and discovered that Plame's cover was at the State Department, a fact Miller said the prosecution had withheld from her. In rereading what she called her "elliptical" notes (meaning hard to decipher), she realized they were about Plame's cover, not her job at the CIA. She concluded that her testimony that Libby had told her Plame worked at the CIA was wrong. "Had I helped convict an innocent man?" she asked.[6] Miller went on to note that John Rizzo, a former CIA general counsel, had said in his memoir that there was no evidence that the outing of Plame had caused any damage to CIA operations or agents, including Plame.[7] That statement rebuts the prosecution's closing argument that as a result of the disclosure of Plame's identity, a CIA operative could be "arrested, tortured, or killed."[8][9]
Plame affair |
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People |
Criminal investigation |
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