Walton On Libby's End

Via Firedoglake, Walton discusses the "Four Morrison Factors" considering his decision to deny Libby's motions:

"Edmonds says inferior officers are directed and supervised at some level, and the author here was Scalia who authored dissent in Morrison. Scalia says if Morrison were removable at will then she is inferior. Here there is no question that Fitzgerald was removable at will by AG or DAG despite authority he was given. So based on Scalia, if we have the situation we have here, removable, Scalia I assume would have concluded inferior official and therefore he would have been part of majority in Morrison case.

That being the case, I will apply the four Morrison factors to this case. Subject to removal? Yes, even more than was Morrison. Second: were his duties limited? Was there a imitation on jurisdiction? Defense suggests the use of the term “related” makes for unlimited. But government points out Morrison case was to specific individual. But Fitz could only investigate and eventually prosecute related to leak, so this is a limitation on jurisdiction. Re limitation on tenure, while there was no specific date, there is a limit because once the investigation is done then his tenure expires.

So, these four factors are met and any differences are not large enough to be of note. This case seems further from a violation of the appointments clause than Morrison was. This is not a close issue in my view. I’ve already indicated my view on the other issues, and it is my view those are not close issues.

He is not a flight risk or danger to the community, but I don’t see the issues raised as close, so I deny his request to be released pending appeal. I will allow him to self report, but unless I am overruled, he will have to report.

I will rule on the obstruction charge sentence to 30 months, to perjury 24 months, to false statements 6 months, all to run concurrently.

Robbins: Ask for a stay the surrender pending filing motion.

Walton: Denied. Mr. Libby, you have right to appeal [boilerplate notification of right to appeal]."

1:34 PM Court Dismissed

Okay, so now the process goes to Bureau of Prisons, which will likely take six to eight weeks to process the matter and require Libby to report so he can begin serving his sentence.

This is the end, beutiful friend
This is the end, my only friend, the end
Of all elaborate plans, the end
Of everything that that stands, the end

Yeah, the Morrison that Walton did not discuss:





Updates:
Firedoglake has been updating and looking at the whys and whats of Walton's decisions:

At the risk of dampening the celebration, let me just say that Judge Walton’s decision to send Libby straight to jail is not, in any way, our victory. It is quite simply a victory for the rule of law.

If anything stood out from Pachacutec’s superb liveblogging, it was Judge Walton’s impatience with the suggestions the Defense kept making that Walton could be bullied into treating Libby differently. He was not going to be bullied by the Libby supporters (in addition to Michael Horowitz) who have sent threatening letters.

Disclosing that he has received many angry letters in response to the sentencing, wishing bad things to him and his family. He had thrown away a few, but then decided he had better begin to save them, in the event someone were to act on these threats, a record would need to remain.

And he was not going to be bullied by a bunch of lawyers with fancy credentials, either.

What are you still doing over here? (Oh yeah, your still listening to The Doors... heh) Go on over to firedoglake and jump in to the disussion!