Jophiel wrote:
gbaji wrote:
It's *really* clear that this special case is intended for situations where someone lies and effectively covers something up, you know he's lying, you know he's covering it up, and because of that you can't figure out who did whatever thing you are investigating.
No. They don't. Not a one mentions that angle of the issue. You're also missing the point that the Probation Officer (who presumably is the "expert" on this issue) did *not* believe that Libby's sentence should fall under this special case. Fitzgerald disagreed and the judge agreed with Fitzgerald. This is hardly a standard finding though. Basically two men decided what Libby's setence should be, in violation of the standard and the suggestion of the one person in that court who's job it is to make that determination.
We can speculate as to why Fitzgerald choose to do this, and why the judge agreed to go along with it, but that does not mean that they are automatically "right" for having done so.
I think you'd be incredibly hard-pressed to find *any* example of a person who committed a perjury unrelated to the investigation at hand being sentenced in this manner. It would be like if a witness in a murder investigation lied about where he was at the time of the murder because he didn't want to admit he was having an affair with the boss's wife, so the prosecutor decides to charge him with perjury and obstruction and then setences him to 30 years because the underlying case was a murder.
Equally absurd. Libby's perjury had absolutely no impact on Fitzgerald's ability to pursue the case at hand. He was not in any way covering up, or attempting to protect the person who committed the crime that was being investigated. In any sane case the idea that his sentence should be somehow conntected to the crime that was being investigated would not even enter anyone's head. Only in a high profile political case would something like this happen.
Which is exactly why the sentence was commuted. Libby got an unfair ride on this, not because of the severity of what he did, but because of the political ramifications and "heat" of the case at hand. I would assume that in any other case, you'd be defending a citizens right to have a fair trial unencumbered by the hype of the moment. Oddly, in this case alone, you feel differently.
Why am I not surprised?