Bush Clemency of Libby Cited by Attorney Asking Supreme Court to Rehear Parallel Case

Brian Zick

Lyle Denniston at SCOTUSblog reports: A public defender in North Carolina, relying on President Bush's clemency ruling in the CIA leak case, urged the Supreme Court on Monday to reconsider its June 21 ruling upholding the 33-month prison sentence of Victor A. Rita, Jr. (Rita v. U.S., docket 06-5754). Going even further, Assistant Federal Public Defender Thomas N. Cochran of Greensboro urged the Court to reconsider its 2005 decisiion in U.S. v. Booker that salvaged the federal Sentencing Guidelines.by making them advisory, not mandatory. The Booker ruling, the petition argued, has fostered "disparate treatment" under the Guidelines. (The text of the petition, with attachments, can be found here.) The President's explanation for nullifying the 30-month prison sentence of former vice presidential aide I. Lewis Libby in the leak case, the new filing argued, "directly conflicts with the federal sentencing policy espoused by the Administration and argued vehemently, indeed successfully, by the Executive's own Solicitor General in this case."

Help In These Times Celebrate & Have Your Gift Matched!

In These Times is proud to share that we were recently awarded the 16th Annual Izzy Award from the Park Center for Independent Media at Ithaca College. The Izzy Award goes to an independent outlet, journalist or producer for contributions to culture, politics or journalism created outside traditional corporate structures.

Fellow 2024 Izzy awardees include Trina Reynolds-Tyler and Sarah Conway for their joint investigative series “Missing In Chicago," and journalists Mohammed El-Kurd and Lynzy Billing. The Izzy judges also gave special recognition to Democracy Now! for coverage that documented the destruction wreaked in Gaza and raised Palestinian voices to public awareness.

In These Times is proud to stand alongside our fellow awardees in accepting the 2024 Izzy Award. To help us continue producing award-winning journalism a generous donor has pledged to match any donation, dollar-for-dollar, up to $20,000.

Will you help In These Times celebrate and have your gift matched today? Make a tax-deductible contribution to support independent media.

Democratic Rep. Summer Lee, who at the time was a candidate for the state House, at a demonstration in Pittsburgh for Antwon Rose, who was killed by police, in 2018. Lee recently defeated her 2024 primary challenger.
Get 10 issues for $19.95

Subscribe to the print magazine.