Bush claims Libby's sentence is mean.
You'll remember that Libby, Dick Cheney's Chief of Staff was involved in the treasonous act of naming Valarie Plame and the cover up that followed. The act meant not only that Plame, an expert on Iraq and national security, was unable to continue her work that was critical to national security, but compromised the lives and work of all the undercover resources using the cover of Brewster Jennings & Associates.
He says
(1) Libby wasn't convicted of the underlying offense related to the violation of Executive Order 12958, the Intelligence Identities Protection Act, the Espionage Act, but was "only" convicted of perjury and obstruction of justice,
(2) it's hard on his family,
(3) he has been involved in public service throughout his life,
(4) he's already suffered enough.
How do these factors stack up against the Sentencing Guidelines, one of the Republican cornerstones proving they're "tough on crime"?
Republicans have tried to forbid judges from considering factors outside the sentencing guidelines. The basis is that these factors are supposedly not relevant. First, let's look at what factors they previously have dismissed as irrelevant in other cases, then we'll look at the federal guidelines:
The fact that there was no conviction of the underlying crime is a hypocrisy that would make George Orwell proud. The fact that someone who commits perjury was successful in obstructing justice makes the crime more damaging, not less. These are only relevant under the guidelines to lengthen sentences, not to shorten them.
Perjurers do not get different sentences depending on whether they are married or how many children they have. Under the guidelines, judges are not allowed to consider mitigating factors including whether the criminal has a family.
Likewise, previous criminal activity is considered to raise the sentence, but previous public service or good works does not lower it. Furthermore, Libby's latest job as beard for Dick Cheney is hardly public service.
Neither would the trauma of prosecution or the threat of jail establish that the defendant has "suffered enough." Presumably, everyone who gets to sentencing has been through prosecution and threat of jail.
Now the Sentencing Guidelines; the ones that apply to all poor and middle-class Americans.
§2J1.2. Obstruction of Justice
(a) Base Offense Level: 14
(b) Specific Offense Characteristics
(1) (Apply the greater):
(A) If the offense involved causing or threatening to cause physical injury to a person, or property damage, in order to obstruct the administration of justice, increase by 8 levels.
(B) If (i) defendant was convicted under 18 U.S.C. § 1001 or § 1505; and (ii) the statutory maximum term of imprisonment relating to international terrorism or domestic terrorism is applicable, increase by 12 levels.
(2) If the offense resulted in substantial interference with the administration of justice, increase by 3 levels.
(3) If the offense (A) involved the destruction, alteration, or fabrication of a substantial number of records, documents, or tangible objects; (B) involved the selection of any essential or especially probative record, document, or tangible object, to destroy or alter; or (C) was otherwise extensive in scope, planning, or preparation, increase by 2 levels.
The lowest sentence of the choices for this charge is level 14. For a first time offender this level calls for a sentence of 15-21 months.
The highest level, applied because it relates to operations of the CIA, is 14+12 or level 26. This level calls for 63-78 months for a single count.
§2J1.3. Perjury or Subornation of Perjury; Bribery of Witness
(a) Base Offense Level: 14
(b) Specific Offense Characteristics
(1) If the offense involved causing or threatening to cause physical injury to a person, or property damage, in order to suborn perjury, increase by 8 levels.
(2) If the perjury, subornation of perjury, or witness bribery resulted in substantial interference with the administration of justice, increase by 3 levels.
(c) Cross Reference
(1) If the offense involved perjury, subornation of perjury, or witness bribery in respect to a criminal offense, apply §2X3.1 (Accessory After the Fact) in respect to that criminal offense, if the resulting offense level is greater than that determined above.
The lowest level of the choices for this charge is level 14, 15-21 months.
Additional considerations assuming substantial interference of justice raises the level 14+3=17, or 24-30 months.
The highest, assuming this interfered with the administration of justice, is 14x2=28, or 78-97 months.
The 30-month sentence Libby earned was for the obstruction of justice charge. Libby received shorter sentences on the other counts, to run concurrently. If he received the lowest sentences to run concurrently he would have received 15-21 months. Because the judge found there was substantial interference with the administration of justice, he doubled this to 30 months. He could have received as long a sentence is 97+78 months or 175 months or 14.5 years.