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On October 28, 2005, Libby was indicted on five felony counts due to his involvement in the [[Valerie Plame]] <ref>[http://www.usatoday.com/news/washington/2007-05-29-plame-testimony_N.htm Plame called on to explain varied accounts], By Richard Willing, ''USA TODAY'', May 29, 2007.</ref> affair. After the indictment, Libby resigned as Vice President Cheney's chief of staff, as assistant to the Vice President for national security affairs, and as assistant to President Bush. <ref>[http://www.npr.org/templates/story/story.php?storyId=4979769 NPR]</ref>
 
On October 28, 2005, Libby was indicted on five felony counts due to his involvement in the [[Valerie Plame]] <ref>[http://www.usatoday.com/news/washington/2007-05-29-plame-testimony_N.htm Plame called on to explain varied accounts], By Richard Willing, ''USA TODAY'', May 29, 2007.</ref> affair. After the indictment, Libby resigned as Vice President Cheney's chief of staff, as assistant to the Vice President for national security affairs, and as assistant to President Bush. <ref>[http://www.npr.org/templates/story/story.php?storyId=4979769 NPR]</ref>
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==Conviction and Sentence===
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'''Conviction and Sentence'''
      
Libby was convicted on four counts including:  
 
Libby was convicted on four counts including:  
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Although the U.S. Probation Office recommended a sentence of 15-21 months, Judge Reggie B. Walton (appointed to the federal bench by George H.W. Bush) sentenced Libby to thirty months in jail and a fine of $250,000 on June 5th, 2007.<ref>[http://news.yahoo.com/s/ap/20070605/ap_on_go_pr_wh/cia_leak_trial Yahoo News]</ref>
 
Although the U.S. Probation Office recommended a sentence of 15-21 months, Judge Reggie B. Walton (appointed to the federal bench by George H.W. Bush) sentenced Libby to thirty months in jail and a fine of $250,000 on June 5th, 2007.<ref>[http://news.yahoo.com/s/ap/20070605/ap_on_go_pr_wh/cia_leak_trial Yahoo News]</ref>
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==Response to Conviction and Sentence==
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'''Response to Conviction and Sentence'''
      
Libby's lawyers repeatedly emphasized that Valerie Plame's employment at the CIA was disclosed by columnist Robert Novak in July of 2003 and that Novak's "primary sources" were Richard Armitage (former deputy Secretary of State) and Karl Rove (a presidential advisor) ... not Scooter Libby. In addition, a CIA spokesperson, Bill Harlow, confirmed the information about Plame's CIA employment to Novak.
 
Libby's lawyers repeatedly emphasized that Valerie Plame's employment at the CIA was disclosed by columnist Robert Novak in July of 2003 and that Novak's "primary sources" were Richard Armitage (former deputy Secretary of State) and Karl Rove (a presidential advisor) ... not Scooter Libby. In addition, a CIA spokesperson, Bill Harlow, confirmed the information about Plame's CIA employment to Novak.
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With respect to the sentencing stage, Libby's lawyers complained about the behavior of prosecutor Patrick Fitzgerald. In October 2005, Fitzgerald said (in a press conference) that he would not speak to "whether or not Valerie Wilson was covert." Early in discovery, Libby's lawyers sought documents which addressed the topic and the government refused to provide the information because it was "irrelevant." The government argued Wilson's status was "not an element of any of the three statutory violations charged." In June of 2006, the court issued a discovery order which, again, emphasized that Wilson's employment was "immaterial to the preparation of the defense." In preliminary instructions to the jury, the judge said her "actual status" was "totally irrelevant" to any "assessment" of the Libby's guilty or innocence. After the trial, however, in its sentencing memo, the government adopted a "new position" - that Wilson was a "covert agent" and that Libby should be sentenced as though that fact were established at trial.  
 
With respect to the sentencing stage, Libby's lawyers complained about the behavior of prosecutor Patrick Fitzgerald. In October 2005, Fitzgerald said (in a press conference) that he would not speak to "whether or not Valerie Wilson was covert." Early in discovery, Libby's lawyers sought documents which addressed the topic and the government refused to provide the information because it was "irrelevant." The government argued Wilson's status was "not an element of any of the three statutory violations charged." In June of 2006, the court issued a discovery order which, again, emphasized that Wilson's employment was "immaterial to the preparation of the defense." In preliminary instructions to the jury, the judge said her "actual status" was "totally irrelevant" to any "assessment" of the Libby's guilty or innocence. After the trial, however, in its sentencing memo, the government adopted a "new position" - that Wilson was a "covert agent" and that Libby should be sentenced as though that fact were established at trial.  
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'''Libby and Presidential Clemency'''
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==Libby and Presidential Clemency==
    
Almost from the beginning of his trial the President was encouraged to pardon Libby. Among those calling for pardon were William F. Buckley, Jr, Fred Thompson, Cal Thomas, Ann Coulter, Jack Kemp, Tom Delay.<ref>http://libbypardon.net/procon.htm</ref> and Robert Bauer, general counsel to [[Barack Obama]]<ref>[http://thehill.com/leading-the-news/obama-aide-wants-libby-pardoned-2007-06-14.html Obama aide wants Libby pardoned], By Sam Youngman, ''The Hill'', June 14, 2007.</ref> But the trial continued and sentence was announced without presidential interference. As decisions were being made regarding the possibility of bail, many believed (incorrectly) President Bush's hand would be forced, that he would have to grant a pardon in order to spare Libby from entering prison. <ref>[http://article.nationalreview.com/?q=ZWY2MzRiNTAwZmE3NjZhMzZmODNhMTcyYjUzYzc4MjQ= "Respite for Libby?"] ''National Review'', June 14, 2007</ref>
 
Almost from the beginning of his trial the President was encouraged to pardon Libby. Among those calling for pardon were William F. Buckley, Jr, Fred Thompson, Cal Thomas, Ann Coulter, Jack Kemp, Tom Delay.<ref>http://libbypardon.net/procon.htm</ref> and Robert Bauer, general counsel to [[Barack Obama]]<ref>[http://thehill.com/leading-the-news/obama-aide-wants-libby-pardoned-2007-06-14.html Obama aide wants Libby pardoned], By Sam Youngman, ''The Hill'', June 14, 2007.</ref> But the trial continued and sentence was announced without presidential interference. As decisions were being made regarding the possibility of bail, many believed (incorrectly) President Bush's hand would be forced, that he would have to grant a pardon in order to spare Libby from entering prison. <ref>[http://article.nationalreview.com/?q=ZWY2MzRiNTAwZmE3NjZhMzZmODNhMTcyYjUzYzc4MjQ= "Respite for Libby?"] ''National Review'', June 14, 2007</ref>
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