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The D.C. Madam's Lawyer

There's a lengthy profile in today's news of Blair Montgomery Sibley, lawyer for accused D.C. Madam Deborah Jeane Palfry.

It's kind of bizarre, to put it mildly. What do you make of it?

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    this exemplifies the truism (5.00 / 1) (#2)
    by scribe on Sat May 05, 2007 at 04:17:10 PM EST
    that "Lawyers find the clients they deserve, and clients find the lawyers they deserve."

    It wouldn't be a truism if it didn't hold a lot of truth.

    Have to agree (none / 0) (#10)
    by squeaky on Sun May 06, 2007 at 10:45:27 AM EST
    Sibley seems quite, er, unusual to say the least. Wonder why the madame chose him. Bet there is more to the choice than is apparent.

    Parent
    okay -- under the header the truth will always. . (5.00 / 1) (#4)
    by the rainnn on Sat May 05, 2007 at 06:24:46 PM EST
    under the header the truth will
    ALWAYS be far stranger
    . . .
    than anything we can make up:

    teddy san fran at firedoglake is carrying
    this story
    this afternoon, re the palfrey-mess:

    . . .And now according to "Above The Law", the DCMadam's assistant's day job was assisting the head of AkinGump's criminal litigation group, John M. Dowd, who represents Monica Goodling and wrote her Fifth Amendment letter to Henry Waxman. Above The Law's David Lat writes:
    We've learned that the Akin Gump temptress worked for someone even more senior at the firm -- and even more powerful. We have confirmed, with knowledgeable sources, what was previously rumored in reader comments. The Akin Gump Escort worked for John M. Dowd, the high-powered head of the firm's criminal litigation group. . .

    i owe an apology to whomever i told
    that i thought this was simply the
    geometric contraction of the six-
    degrees of separation
    theory. . .
    down to two, i said --  it is apparently
    down to. . .   none.

    makes me kinda' wonder, as teddy speculates,
    as well, how ms. goodling came to be a client
    at akin gump. . .  was she already known to
    the firm in some way?

    the truth will always be far stranger. . . no?

    and "out there -- outside
    the courtroom --  the b!tch
    [blind-folded justice] got eyes
    . . ."

    some questions (none / 0) (#1)
    by zaitztheunconvicted on Sat May 05, 2007 at 03:08:05 PM EST
    So when this lawyer sued the clients for having illegal sexual activity with the employees of BPP, did he win or lose?

    When the article says that the guy got busted and deported, does that mean busted as in convicted, or simply busted as in out of business but otherwise free?

    On the one hand--even I whom some believe lacks good judgment about things--would somewhat think that this lawyer Blair or Sibley is probably out of touch with reality.

    On the other hand, Jeralyn, how would you suggest that Palfrey proceed?  Plead guilty?  Cut a deal?  Palfrey probably believes, and I believe, that the kind of prostitution provided by escort services in her way should be legal, and that there is no moral problem in what she did.  If there is no moral problem in what she did, it should be legal, and presumably she is fighting for what is right for society, even if she hasn't said so directly.

    This is not the type of case (none / 0) (#7)
    by Deconstructionist on Sun May 06, 2007 at 09:01:26 AM EST
     where I would pin a great deal of hope on a jury nullification were I defending the Madam. It's also a safe bet the U.s. Attorney's office firmly believes it has a solid case or it would not have indicted. This is not some cow-town local prosecutor. these cases are carefully vetted at several levels before the government chooses to seek an indictment.

      As for whether to try the case or cut a deal-- that's a client's call but the client needs a lawyer with both oars in the water and an understandiing of and ability to explain the potential differential between sentences with the competing option.

      It's hard to say what her exposure might be without knowing the amount of relevant conduct ($) the prosecution can attribute. If the amount is amore than a million but less than 2.5 she will probably have an AOL in the low to mid 20s. It sounds as if her criminal histoty category will be at least  II.

       Just as an example 22 and II provides a sentencing range of 46-57 months; 26 an II provides for 70-87 months.

       The benefits of a plea and acceptance of responsibility  include a 3 level decrease in the offense level-- and often a more informal understanding theat the Feds won't attempt to pile on the relevant conduct and often go a little easier on forfeiture.

      This is purely a speculative estimate but, even with a plea,  I doubt she'd end up beelow a  total offense level of 19 which with a CH II gives a sentencing range of 33-41 months. If she goes to trial it could end up much higher. She won't get AOR; she might get obstruction of justice (+2) if she chooses to testify and the government might well try very hard to increase the amount of illrgal money attributed and push for other guidelines enhancements. Still, I doubt she would possibly end up with a sentrencing range where the top end reaches 10 years unless there is considerable money or actions not reported in these stories. Most likely the potential difference in sentence between a plea and a guilty verdict is 3-5 years at most.

       Not to minimize 3-5 extra years in prison, but this isn't one of those cases where the differential is so extreme it's a massive risk to go to trial.

    Parent

    re the "testers" (none / 0) (#12)
    by zaitztheunconvicted on Sun May 06, 2007 at 10:15:10 PM EST
    I've been reading the abcnews blotter and/or blog re this case.

    Supposedly, before one of the employees was hired, she was sent on a practice appointment with a testing person known to Palfrey, and the appointment was the demonstrate to both Palfrey and the potential employee that the potential employee could and would do what was expected.

    I could be wrong, but it seems to me that if every testor person with the potential employees had contact, but contact that wasn't intercourse or oral sex, I think it weakens the government case.  If the escort hugs, kisses, touches, caresses or whatever with the testing person, but there is no intercourse or oral sex--then it cannot be proven that Palfrey knew or expected tha her escorts would have sex.  The question then becomes whether or not the jury is willing to convict for

    1. what amount to highly glorified and fantasy sessions that include "handjobs;"
    2. private conduct chosen by the escort.

    Note also that Palfrey advertised her service at a rate of $275/flat, meaning no tip or extra fee asked for or expected.  What that meant, or should have meant, is that the clients were not supposed to give, or expected to give an extra fee of $50-$200 for sexual conduct in addition to the appointment fee itself.

    I could be wrong, but I think that there are dozens of escort agencies in Southern California that operate approximately like this and are generally left alone by law enforcement--the reason being that in the vast majority of cases, sex for money can't be proven.

    Parent

    actually (none / 0) (#3)
    by cpinva on Sat May 05, 2007 at 04:28:32 PM EST
    i think he represents a great argument for not allowing inbreeding. lol

    re Brandi Bitton (none / 0) (#5)
    by zaitztheunconvicted on Sat May 05, 2007 at 10:14:28 PM EST
    a college professor was making some extra money working as an escort and was arrested and perhaps charged, and then, killed herself.

    Aren't the US policies re prostitution causing a terrible waste of life?

    Sure, protect the girls or women who are sex slaves and help them become free if that is what they want.  However, why destroy the lives of someone like Bitton?

    desertwind (none / 0) (#6)
    by desertwind on Sun May 06, 2007 at 01:17:05 AM EST
    Well, with a name like Blair Montgomery Sibley, you know he's gotta be good.

    I sorta hate this kind of scandal. No doubt the client & worker list is so broad plenty of non-Bushies will be implicated, too.

    I just can't sop myself (none / 0) (#8)
    by jimakaPPJ on Sun May 06, 2007 at 10:24:03 AM EST
    This is all about sexual activities between two consenting adults...

    As some who said, "So what," about Clinton, and grumbled about the resources spent on that, I gotta look at this the same way.

    Nice Nonsequitur (none / 0) (#9)
    by squeaky on Sun May 06, 2007 at 10:43:06 AM EST
    Not only is your comment off topic but you seemed compelled to smear Clinton. Maybe a 12 step program is in order for you.

    Parent
    squeaky (none / 0) (#11)
    by jimakaPPJ on Sun May 06, 2007 at 01:28:10 PM EST
    Let me see... are you right??

    I use my support for Clinton's sexual activities to note that I think the prosecution is wrong in this case???

    You think that is an attack on Clnton??

    And a comment on this case is off topic??

    Good grief.

    And no. You are wrong.

    Parent