AP
Former White House aide I. Lewis "Scooter" Libby walks towards his car outside federal court in Washington, today after he was sentenced to 2 1/2 years in prison for lying and obstructing the CIA leak investigation.

Firedoglake live-blogging Libby sentencing

Former White House aide I. Lewis "Scooter" Libby is to be sentenced today. Libby was convicted in March of perjury and obstruction of justice in the CIA leak case that outed covert operative Valerie Plame.

Firedoglake had the best coverage of the trial, and Jane Hamsher and Marcy Wheeler return today with live blogging from Judge Reggie Walton's courtroom. The main link is the best to use for now, since Marcy will start new posts periodically to spread the load. (Comments fill up the page rapidly.)

The first issue is what sentencing guidelines should apply. Christy Hardin Smith explains, in comments on Libby Sentencing One,

Cross referencing is the adding in and/or taking down of enhancements or departures for sentencing. Enhancements add more time, departures take it away. They are arguing about where Libby should fall as the baseline area for the sentencing guidelines calculation from which the judge will start in his considerations today — this is really, really common as the start to one of these hearings — Team Fitz is asking for a higher bump, Team Libby for a lower one.

Later: Prosecutor Patrick Fitzgerald:

We're not going to recommend any sentence. I do think the sentence has to make clear and loud that truth matters and one's station in life does not.

Libby speaks:

Family and I appreciate considerations shown to us during this conviction. In all taht time I have recieved nothing but kindness from Court's personnel, your honor's staff, court administrators, US Marshalls, Court security officers, and probation officer. I am grateful. Now I realize fully Court must decide on punishment, I hope court will consider my whole life. Thank you your honor.

No remorse.

Judge:

Need to consider seriousness of offense. Investigation extremely serious. Conduct of Mr Libby is serious behavior. Has to be a sentence that promotes respect for law. Indivs should understand there are consequences. Obviously, punishment has to be considered. Statue does call for just punishment, In reference to deterrence, nothing in this case, based on Libby's history that would suggest that specific deterrence needs to be major concern. Considering the things he has done. No reason to believe he would commit another crime. General deterrence is important. people who occupy positions of responsibility have to appreciate taht if they step over a line, there are consequences. It causes people to lose faith in our govt. That's a major consideration.

Obviously, statute requires sentence that protects public. I have to consider the type of sentences available, I have option of imposing sentence from probation to max, I have to consider need to avoid disparities. Creates real challenge. Bc. Obviously, one one hand, there are reasons why departure might be appropriate, On other hand, consdiering nature of offense, that conduct in my view counters against imposing a sentence that departs. In the end, my view that those factors balance themselves out, which causes me to conclude that sentence does fall and should fall within the guidelines.

I don't think high end is necessary. 30 months FIne him $200,000 $250,000.

Within 72 hours report to probation department and abide by supervised release.

In ref to obstruction, 30 months, To other counts, to 15 months, concurrent. Supervised release for 2 years following release from detenino.

He must provide sample of DNA, he will be required to contribute 400 hour of community service.

Short break, will proceed with bond issue.

Great job from Firedoglake.

Upshot: Marcy sums up the post-sentencing issues:

Walton basically accepted the premise of Fitz's sentencing arguments, which put the range for the obstruction up to 30-37 months, but on the basis of the fact that Libby is a nice guy, took the lowest end of that range, 30 months. He gave him 15 on the other counts, concurrent, but those other counts need to be recalculated, because one should be lower and one should be higher. So the sentence is 30 months, but on stay until the Probation department does new calculations.

As to bond pending appeal, Walton basically said no, but Defense can submit a memo. That is due on Thursday, and then the govt's is due on Tuesday, with Libby's response due on Wednesday. If Walton decides against bond pending appeal after reading those motions, then it all goes to the prison system and Libby goes to jail in normal schedule, which would be about 45-60 days.