By Theresa Cook

Jul 2, 2007 12:39pm

Appeal Denied: Libby to Prison Soon

ABC News’ Jason Ryan and Theresa Cook Report:  An appeal to delay the start of the prison sentence for Vice President Dick Cheney’s former chief of staff has been denied.

I. Lewis "Scooter" Libby’s attorneys had asked a federal appeals court to keep Libby out of prison until the appeal of his conviction is resolved, stating that Special Prosecutor Patrick Fitzgerald did not have the proper authority to bring the case against Libby, and that the judge in the case did not allow witnesses key to the defense to testify during the trial.

A federal jury found Libby guilty March 6 on charges that he lied to the FBI and a grand jury, and obstructed justice in the investigation into the leak of the identity of Valerie Plame, a former covert CIA operative.

U.S. District Court Judge Reggie Walton sentenced Libby to serve 30 months in prison and pay $250,000 in fines last month.

Last week, the U.S. Marshals Service assigned inmate number 28301-016 to the former aide, who also served as Cheney’s national security advisor.

The Bureau of Prisons will continue the process, and determine where Libby will have to report to prison.  Currently a pre-sentence investigation report is being compiled by the probation office at the U.S. District Court in Washington, D.C.   

According to the Bureau of Prisons, the location to which new inmates report is based on available bed space, severity of the offense, age, education level and being within 500 miles from their residence at the time of release. 

Libby will likely head to prison by late July or early August.

User Comments

Treason at the highest level of government during a time of pending War.
Dick Cheney should be serving time with Libby. Ah, the Bush Whitehouse.

Posted by: sandra l | July 2, 2007, 1:39 pm 1:39 pm

so either the supreme court intervenes, Shrub pardons him, or he serves the sentence.
Any way it goes it will be funny.

Posted by: Mike | July 2, 2007, 1:43 pm 1:43 pm

All the kings horses and all the kings men, could not poor king george w back together again. Just one more pawn of the bush regime found guilty… let him fry like the po folk would

Posted by: Joemomma | July 2, 2007, 1:43 pm 1:43 pm

Anyone who touches this tainted administration gets burned, though most, like Libby, deserve it. Colin Powell, Tony Blair, the list goes on. Like his father and the Iran Contra Affair, which was treasonous, this one will go down as the most corrupt president in the history of this country, and we will look back at this time with great sadness at what this great country lost during this time.

Posted by: Dave | July 2, 2007, 1:50 pm 1:50 pm

Bush will pardon him, all the crooks stick together.

Posted by: Tuthmosis III | July 2, 2007, 1:58 pm 1:58 pm

Dave you are probably right.

Posted by: lrb163 | July 2, 2007, 2:05 pm 2:05 pm

I think its obvious that Libby and his lawyers hoped to use the appeal process in in order to keep him out of jail until the end of the Bush administration.
At that time (January, 2009) he could expect a pardon.
So the strategy is to delay serving time until that point.
Nice try.

Posted by: Hal | July 2, 2007, 2:50 pm 2:50 pm

Mike and Joemomma have missed that this was a miscarriage of justice, not unlike the over zealous Mike Nifong who used his position in the justice system to advance his own political agenda. Before the indictment was handed down, Patrick Fitzgerald knew that Richard Armitage was the leaker and Valerie was no longer “covert”. Why was Fitzgerald pursuing Scooter except to try to coerce something out of him for his own glory. One of these days we will get a handle on prosecutors that clearly think they are stars above the law.

Posted by: Matt | July 2, 2007, 3:30 pm 3:30 pm

Send him to jail! That’s where he belongs!

Posted by: sunnyblacknews | July 2, 2007, 4:03 pm 4:03 pm

This is a critical juncture for the President Bush. I am in no way a supporter of the Bush administration. It will be very interesting to see how this will play out. Mr. Libby took one for the team. If Bush does not pardon, Libby I believe that many other controversial issues will be begin to unravel. Never mind how it may appear if he does issue a pardon. Bush nevers seems to be worried about how rediculous many of his decisions have been. Pardon the man ASAP! It is going to be done anyway. What damage can be done? He already has the lowest approval rating in recent memory.

Posted by: herewegoagain | July 2, 2007, 4:19 pm 4:19 pm

Agree 100% Dave. It is sad what this country has had to contend with this past 7+ years because of Bush and his cronies. Thank God it will soon be over.

Posted by: Ron | July 2, 2007, 4:31 pm 4:31 pm

Why should his sentence be delayed? Because he’s some topnotch rich guy? Put a man of lesser worth in the same position & he’d go straight to prison. Send Libby to prison as he was sentenced.

Posted by: denny22257 | July 2, 2007, 5:06 pm 5:06 pm

I don’t know what ole Libby is worried about. Like someone here said, the pardon is inevitable, kinda like Bush Sr pardoned Oliver North, who should have went before a firing squad for treason. And if that pardon doesn’t come, Libby will start to sing like a bird. Wouldn’t that be interesting?

Posted by: Dave | July 2, 2007, 5:11 pm 5:11 pm

tell the little bugger to get some fresh skivvies and have a good time…don’t tell him if bushbaby and cheeny get impeached there is no one to pardon him then…

Posted by: daddy | July 2, 2007, 5:34 pm 5:34 pm

If the president pardons Libby after a jury convicted him, that will probably be the straw that breaks the camels back in so far as how the republican party will be viewed for many years to come. The American people will be so outraged they will go beeezerk!! It will just further demonstrate the distain of this administration and their neo-cons for justice and the American system. The President’s new approval ratings will dip to single digit. Rest assured!!

Posted by: JLW | July 2, 2007, 5:49 pm 5:49 pm

All the more reason to impeach the President & Vice President for lying to the citizens and not carrying out their duties with honesty.

Posted by: Old Wood | July 2, 2007, 7:27 pm 7:27 pm

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