Scooter Libby was convicted of obstruction of justice, that is a fact. So was Victor Rita. A decorated soldier who served in Vietnam and the Gulf War got caught by lying to investigators, which led to a 33 month sentence in jail. He is still there, however Libby never saw the inside of a prison before Bush commuted his sentence. According to the President, the sentence was excessive, Libby had a lifetime of service to his country and his family had paid enough already and blah blah blah. So what about Victor Rita?
From Sentencing Law and Policy:
1. The parallel nature of the crimes. Like Lewis Libby, Victor Rita got caught up in a criminal investigation and ultimately was indicted on five felony counts based on allegations that he lied under oath as part of the investigation. And, like Libby, Victor Rita asserted his innocence and exercised his right to a jury trial. (Victor was convicted of all five counts at trial; Libby's was acquitted on one of five counts, but that may not matter much for sentencing purposes.)
2. The parallel personal history. Like Lewis Libby, Victor Rita is an atypical federal defendant because of his career in government service. Rita served 24 years in the Marine Corps, had tours of duty in Vietnam and the first Gulf war, received over 35 military metals and awards. Libby's pre-conviction resume is (equally?) impressive. The federal guidelines do not provide any formal breaks for government service or prior good works. But, with Booker making the guidelines advisory, federal judges have more discretion to consider these matters at sentencing (though Rita's sentencing judge decided just to follow the guidelines).
Since Victor Rita's crimes seems, in context, to be less serious than Lewis Libby's crimes, I view Rita's 33-month sentence as a possible benchmark for Libby's sentence. Moreover, I have heard that Judge Walton has a reputation as a tough sentencing judge, and so Victor Rita's 33 month sentence might even be viewed as just a floor for considering Libby's fate.
This post is from March and the author was wrong in the fact that Libby would get more time, he got three months less. Yet Bush deemed the sentence was excessive. Wouldn't that mean that Mr. Rita's term was also a bit too much? Obviously he does not have the connections to the President....and that is really all that counts.
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