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July 12, 2007

Libby Motions! Libby Motions! Libby Motions!

White Collar Crime Prof Blog points to a Supplemental Sentencing Memorandum that attempts to show how the president’s statement that Libby’s original sentence was excessive doesn’t square with the government’s position, and a court’s refusal to accept a Rule 11(c)(1) (c) agreement.

Commentary:  While I think that the motion makes a good point, and I think GSR sentences can be harsh, I am beginning to feel sorry for AUSAs that have to explain away Libby, even if they eventually win.

Update: The argument was rejected, with the judge telling the defendant to ask the president for help. This was my advise all along.  Criminal defendants, rather than making legal arguments, would be better served by becoming partners at large law firms and networking their into the good graces of the president.  See SL&P for the 411.

But, you know, and I know, that we have not seen the last of this.

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