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A sentencing in three acts

In the end, justice came down to this: 2 1/2 years in prison and a $250,000 fine for lying and obstructing an investigation into who leaked Valerie Plame's secret CIA identity in 2003. The defendant, Lewis "Scooter" Libby didn't flinch, showed no emotion. Minutes earlier, Libby had quietly appealed for leniency, "It is respectfully my hope that the court will consider along with the jury verdict my whole life." Libby's attorney, Theodore Wells added, "he has fallen from public grace, a tragic fall."

I witnessed the three-hour courtroom drama, which was sobering and surreal. It's as if you could hear time ticking and the noose tightening.

Act One
9:10 a.m. The drama begins as Special Prosecutor Patrick Fitzgerald, with deep-set eyes and wearing a gray summer suit, clicks open his briefcase, and then, pencil in hand, begins flipping through a legal note pad.

9:18 a.m. Scooter giving a tight-lipped nod to a supporter as he and his defense team enter the courtroom. Libby's wife, Harriet Grant, dressed in black with a pale blue scarf, takes a seat in the first row behind the rail, brushing her silky brown hair back from her face, and fidgeting. I am seated about six feet behind her, about 15 feet away from Libby.

9:19 a.m. Scooter checks a message on his Blackberry before making sure its turned off.

9:25 a.m. Fitzgerald and Wells approach the court clerk, not like gladiators, more like baseball coaches at the big game, but neither chewing gum.

9:27 a.m. U.S. District Judge Reggie Walton enters and is greeted by Fitzgerald and Wells saying "Good morning" in unison. Judge Walton says the "first matter we need to address is the calculation of appropriate guidelines" in imposing sentencing.

For the next hour, attorneys and the judge parse words, case law, numbers such as, "17-19" or "30-37" and otherwise wrangle over legal parameters. During this mini-marathon, Scooter takes a long drink of bottled water, and screws the cap back on. His attorney, Wells grabs another bottle of water and swigs it in his mouth as defense co-counsel addresses the Judge on the finer points of 'cross-referencing.'  Prosecutor Fitzgerald is head-down in his notes, not drinking.
Libby's wife is calm, casually sweeping her hair off her face.

Sensational hypotheticals are discussed as defense attorney William Jefress argues, "to have a defendant sentenced as if there was a murder that he was aware of is simply irrational."  Translation: Libby didn't know Valerie Plame was working undercover when he outed her to reporters.

10:03 a.m. Libby looks much like Rodin's scuplture,"The Thinker," resting his chin on his fist as he sits at the defense table.

10:07 a.m. Fitzgerald has adopted, "The Thinker" position as well. 

10:08 a.m. Judge Walton says to defense counsel Jefress, "It's one thing if you obstruct a petty offense, it's another if you obstruct a murder ... I conclude that cross-referencing does apply." Translation: Libby faces more time in the slammer.

10:26 a.m. Libby's wife is sighing, brushing her hair. Prosecutors are slugging bottled water, but not Fitzgerald.

Voices are at times rapid, but not loud. Defense and prosecution are tagging in and out of the ring.

10:31 a.m. Prosecutor Fitzgerald says "Mr. Russert [NBC] is the best example of Libby's persistent lying causing us to spend great effort and expense to find the truth."

10:32 a.m. Defense attorney Wells is rubbing his eyes, and swivels in his chair.

10:35 a.m. Scooter with his right hand is writing briefly on his legal pad, wearing a lustrous, gold wedding ring on his left, and a bulky, black "diver's" watch on his wrist.

10:37 a.m. Judge Walton declares recess to give the court reporters a break. Whew. Scooter's wife is smiling.

After a 10-minute recess, Act Two begins
We are about to learn that Scooter Libby is, in his supporter's eyes, a superhero. Having determined sentencing guidelines, the drama pivots to what the sentence should be. Special Counsel Patrick Fitzgerald is at bat.

10:48 a.m. Prosecutor Fitzgerald does not recommend a specific sentence but says, "make a clear statement that truth matters ... and one's station in life does not."

10:55 a.m. Libby unscrews the bottle cap, takes a big drink, and rescrews the cap.

10:56 a.m. Slowly and deliberately, defense counsel Wells is warming up, agreeing that "truth matters" and that Mr. Libby should not be treated differently because of his high status.

11:00 a.m. Judge Reggie Walton has now adopted, "The Thinker" position.

Defense counsel Theodore Wells asks the court to give significant credit to Mr. Libby "for his exceptional public service, that would not be giving him a break."  Wells has submitted 160 letters of support to the court, and begins reading testimonials.

11:05 a.m. Wells is reading a letter from a Four-Star Admiral, "(Libby) worked 7 days a week ... to ensure our war fighters had the right support to win."

Judge Walton interjects, "I have read all of these." As the recitation continues, I notice the stillness of an American flag (in the front of the courtroom) reflected in the darkened 42-inch flat-screen TV mounted on the wall near where I'm sitting. I am fascinated by the shadowy, patriotic image.

Wells reads in a second letter, "the key role that Scooter played to end the Cold War without the spasm of violence."

In all, Wells reads excerpts from six letters and one award from the defense department. Wells again asks the court for a "sentence of probation as opposed to incarceration," and Mr. Libby speaks briefly as to his punishment.

11:48 a.m. A stern Judge Reggie Walton after reciting the key issues of the case, finds that Scooter Libby's great service to the nation is balanced out by the seriousness of the offense, "We expect and demand a lot from the people we put in those positions. Mr. Libby failed to meet the bar in this situation ... that is extremely troubling."

Act Three
As Judge Walton announces the sentence, Scooter Libby stands stoically, emotionless, but then moving with his head up to the defense table where his wife comes forward and whispers quickly in his ear. Scooter takes another sip of bottled water, and puts his hands in his pockets.

Within minutes of leaving the court, sirens are wailing on Pennsylvania Avenue. It's not for Scooter Libby, it's Vice President Cheney's motorcade making its way to the Capitol.

Read more from Carl Sears

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