Attorneys See Irony in Libby Case
Tuesday, July 03, 2007
WASHINGTON President Bush knew what he was getting in 2001 when he made Reggie B. Walton one of his first picks for a seat on the federal bench: a tough-on-crime judge with a reputation for handing down stiff sentences.
A former deputy drug adviser, federal prosecutor and Superior Court judge, Walton seemed a perfect fit for the new president. And Walton didn't disappoint, proving to be exactly the kind of no-nonsense judge Bush was looking for.
Until now.
When erasing former White House aide I. Lewis "Scooter" Libby's 2 1/2-year prison term in the CIA leak case, Bush said Walton was being too harsh.
"The point here is to do what is consistent with the dictates of justice," said White House Press Secretary Tony Snow.
Walton, the son of a steel worker who turned a hardscrabble upbringing into a legal career, declined Tuesday to discuss the case or his views on sentencing.
"To now say anything about sentencing on the heels of yesterday's events will inevitably be construed as comments on the president's commutation decision, which would be inappropriate," the judge said in an e-mail.
But attorneys noted some irony in Bush's decision to override Walton.
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"The party who appointed him is now unhappy with what he appointed him to do," said Scott L. Fredericksen, a defense attorney who served as a prosecutor under every president since Ronald Reagan.
Also noteworthy, defense attorneys said, was seeing the White House urge leniency just weeks after the Bush administration announced a tough new crime bill that would bar judges from going easy on criminals. They would be free to impose longer sentences, but not shorter ones.
To hear Snow tell it, Walton ignored the recommendation of probation officials and sentenced Libby to prison. That isn't what happened. Probation officers recommended Libby serve 15-21 months. Special Prosecutor Patrick Fitzgerald recommended more than 30 months. Libby's attorneys asked for probation.
Walton accepted Fitzgerald's interpretation of the law, which said Libby should be sentenced more harshly because of the seriousness of the investigation he obstructed.
The 2 1/2 years handed Libby was much like the sentences given others convicted in obstruction cases. Federal court records indicate that 382 people were convicted for obstruction of justice over the past two years. Three of four were sent to prison. The average prison term was 64 months, more than five years. The largest group of defendants drew prison terms ranging from 13 months to 31 months.
"This is sort of a standard sentence in that situation," said defense attorney Mark H. Tuohey. "Call it what you want, but that's what it is. This was not some out-of-the-blue-sentence."
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