WP: If Fitz insists Libby begin sentence right away, and Judge agrees, pardon question forced sooner

WP, pg1: Bush Deflects Pressure To Give Libby a Pardon
Clemency Before 2008 Election Could Be Politically Risky

By Peter Baker and Carol D. Leonnig
Washington Post Staff Writers
Thursday, March 8, 2007; Page A01

....Libby probably faces a prison sentence of 1 1/2 to three years for lying about his role in the disclosure of the identity of undercover CIA officer Valerie Plame, wife of war critic and former ambassador Joseph C. Wilson IV. But Libby could avoid jail time until after the 2008 presidential election through appeals, according to legal specialists -- timing that would make a pardon easier for Bush politically.

Libby's defense team intends to seek a new trial and possibly appeal his conviction on four felony counts. U.S. District Judge Reggie B. Walton has scheduled sentencing for June 5, when many lawyers expect him to allow Libby to remain out of prison pending appeals that could last through late 2008.

Some Republicans said yesterday that Bush should wait for that process to play out. "It's probably too early for the White House to reach a determination," said former congressman Robert S. Walker (Pa.), adding that Libby "is certainly entitled to take this into the appeals process, and I don't think it should be interfered with."

But if Special Counsel Patrick J. Fitzgerald insists that Libby begin serving his sentence right away and Walton agrees, it could force the question sooner. "Then the issue could ripen very fast," said Bradford A. Berenson, a former Bush White House lawyer, who said he expects a debate within the White House about what to do....

http://www.washingtonpost.com/wp-dyn/content/article/2007/03/07/AR2007030700184.html

Other than he's really ticked that Libby didn't testify.

It would show that both Fitzgerald & Walton mean business. If they are suspicious in the least as to what Libby intends to do, or arrangements he's made to get pardoned out of serving his sentence.

It would shake things up, and Libby's head would be spinning. Fitz & Walton must know that Libby doesn't plan on serving any sentence, and will be pardoned by the true perpetrators of the crime.

he can grant a new trial.
If he is sure that the trial was handled properly and there is little chance that scoot will prevail at appeal, he would likely start the sentence right away.

If the judge considers the trial to have been sound but sees that there were enough questions that it is reasonable scoot might win an appeal, he is likely to let scoot run free until the trial at appellate.

Other Republicans warned that a pardon by Bush would make a bad situation worse. "If he does pardon Scooter Libby, then it will be construed, whether correctly or not, as an admission on his part that there's culpability that goes beyond the foolishness of an individual in the administration and that Scooter took a bullet for the team," said former House majority leader Richard K. Armey (Tex.).

Except for laura & Barney of course.

He expects to be vindicated in history, so he doesn't care about embarassing setbacks, and if the pardon happens in late '08, it won't matter to him in the least. He'll still have his 25-30% base, and that will be good enough for him.