All Sides Agree Libby Should Serve Supervised Release

The briefs are in and both the Government and Team Libby, as well as White House Counsel Fred Fielding who submitted a letter, agree: Libby's two year term supervised release is valid and he should begin serving it immediately.

Fitz's brief is here (pdf), Libby's is here, and Fred Fielding's letter (which he sent to both sides and filed with the court even though neither side took Judge Walton up on his suggestion and asked for the White House's opinion) is here.

I'd say it's a done deal. Libby will be on supervised release before the week is out.

For what supervised release means for Libby, see my earlier post, Life on Supervised Release. For TalkLeft's analysis of the issue of the validity of the supervised release term in light of the commutation see Suggestions for Judge Walton on Libby's Supervised Release.

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    j -- i appear here to point out. . . (none / 0) (#1)
    by the rainnn on Mon Jul 09, 2007 at 08:14:44 PM EST
    how you nailed it last week,
    when you cogently opined -- and none else had, as
    of that moment, as far as i can tell -- that
    the day scooter was booked could serve as one
    day of incarceration, for the purpose of the

    that is exactly -- to the very phrasing -- what
    team usa's second back-up argument sets out, in
    support of continued supervied release.

    very well-done!

    that is the sort of stuff i look for here!

    Thanks (none / 0) (#2)
    by Jeralyn on Mon Jul 09, 2007 at 08:18:00 PM EST
    TalkLeft was the first to report that, and it came from Howard Kieffer of BOP Watch.  Peter Goldberger was also correct that the constitutional issue would trump a statutory construction issue.

    The thanks really goes to them.


    Heh (none / 0) (#3)
    by kovie on Tue Jul 10, 2007 at 03:16:13 AM EST
    I saw one of the conditions of supervised release:

    the defendant shall not associate with any persons engaged in criminal activity

    So does this mean that he can't hang out with his old west wing buddies or attend the White House Christmas party?

    Good one.....n/t (none / 0) (#6)
    by kdog on Tue Jul 10, 2007 at 09:21:53 AM EST
    I don't think anyone will disagree (none / 0) (#4)
    by Strick on Tue Jul 10, 2007 at 08:04:14 AM EST
    The supervised release is the least Libby should do.  No one will be happy if he manages to escape that on a technicality.

    supervised release (none / 0) (#5)
    by Deconstructionist on Tue Jul 10, 2007 at 08:21:39 AM EST
      will be no big deal for a peron in Libby's position. He'll either take a job with a "think tank" or lobbying firm or, perhaps, find a philanthropic endeavor to help redeem his reputation and file his reports and go to an occasional meeting with his USPO. He'll write his inevitable book and hit the lecture circuit and live quite well despite not being a lawyer anymore.

      Resisting someting so relatively inconsequential would not seem a smart fight to pick especially when serving until late 08, early 09 might make a full pardon somewhat more palatable.

    Disbarment? (none / 0) (#7)
    by OkieFromMuskogee on Tue Jul 10, 2007 at 11:59:14 AM EST
    Now that Libby is, and remains, a convicted felon, what is the status of his license to practice law?  Shouldn't he be disbarred?  

    As for the conditions of his supervised release, the one I like best is: "the defendant shall not associate with any persons engaged in criminal activity."  That pretty much keeps him away from Cheney and the rest of the gang at the White House, doesn't it?

    I suspect he will lose (none / 0) (#8)
    by Jeralyn on Tue Jul 10, 2007 at 12:08:31 PM EST
    his law license with a permanent felony conviction, at least for a while.

    I don't know where he is licensed but I don't know of any state that allows felons to practice law while they are under a criminal justice sentence.

    Some states allow convicted felons to re-apply for admission to practice after a certain period of time or upon a showing they have been rehabilitated.


    DC Delinquent (5.00 / 1) (#9)
    by squeaky on Tue Jul 10, 2007 at 12:24:06 PM EST
    But if there was ever any doubt, now there's real proof that Libby won't be falling back on his previous incarnation as a corporate lawyer any time soon.

    The reason: the D.C. Bar suspended Libby's law license Wednesday......

    Of course, Libby wasn't exactly a member in good standing before. The Bar suspended his law license in October 2006 for nonpayment of dues -- something he could have fixed by paying the approximately $180 annual fee.

    Libby, a Columbia Law School grad who became a member of the D.C. Bar in 1978, was also suspended for nonpayment of dues in December 2001 and reinstated in November 2005.



    just revoke him for something (none / 0) (#10)
    by mistophar on Fri Jul 13, 2007 at 09:15:08 AM EST
    they can always find a reason to revoke someone on SR.