Lewis Libby Jr, the former chief of staff to Vice President Dick Cheney and one of the principal architects of President Bush’s foreign policy, was sentenced on Tuesday to 30 months in prison for lying during a CIA leak investigation that became part of a fierce debate over the war in Iraq.
The sentence ordered by Judge Reggie B Walton of Federal District Court and his refusal so far to delay its enactment means that Mr Libby may have to report to prison in about two months. That was expected to prompt Mr Libby’s supporters to accelerate their calls for Mr Bush to grant him a pardon, although a White House spokeswoman offered a discouraging view of that possibility on Tuesday.
Mr Libby, who was once one of the most powerful men in government and was heavily involved in planning both Iraq wars, stood calmly in the well of the court as Judge Walton said he appreciated his long service to the country, the record of which was put forward by his lawyers as an argument for probation and no prison time.
But, the judge said, “People who occupy these types of positions, where they have the welfare and security of the nation in their hands, have a special obligation to not do anything that might create a problem.”
Judge Walton, who presided over the trial that ended in March with Mr Libby’s conviction on four felony counts, said the evidence was overwhelming that Mr Libby had obstructed justice and lied to a grand jury and FBI agents investigating the disclosure of the identity of a Central Intelligence Agency operative, Valerie Wilson.
The sentence was several months longer than the minimum recommended by federal sentencing guidelines, based on what Judge Walton said was his agreement with prosecutors that Mr Libby’s crimes obscured an investigation into a serious matter and that his lies obliged the government to engage in a long and costly investigation that might have been avoided had he told the truth.
If Mr Libby goes to prison, he will be the first senior White House official to do so since the days of Watergate, when several of President Richard M Nixon’s top aides, including H R Haldeman and John D Erlichman, served prison terms.
In the second setback to Mr Libby, Judge Walton refused a request by defense lawyers to delay the sentence until Mr Libby’s appeals are exhausted. Unless the judge reverses his position, as Mr Libby’s lawyers will press for in arguments next week, or unless Mr Bush grants a pardon, the Bureau of Prisons is expected to order Mr Libby to report to a federal prison in the next 45 to 60 days.
Bush’s reaction
Mr Bush, who learned of the sentence while travelling in Europe, expressed sympathy for Mr Libby and his family through a spokeswoman, Dana Perino, who was accompanying the president on Air Force One from the Czech Republic to Germany. But as to the possibility of a pardon, Ms Perino said, “The president has not intervened so far in this or any other criminal matter, so he’s going to decline to do so now as well.”
Several Republicans advisers close to the White House, speaking on condition of anonymity, said on Tuesday that they were perplexed as to why Mr Bush seemed reluctant to acquiesce in pardoning Mr Libby. Mr Bush has pardoned more than 100 people so far, but none have been prominent.
An intriguing question for many is what role Mr Cheney will play in pressing Mr Bush to grant a pardon. In a statement, Mr Cheney noted that Mr Libby was appealing the verdict and said that he and his wife, Lynne, “hope that our system will return a final result consistent with what we know of this fine man”.