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Context of 'January 13, 2007: AP: Judge Walton a Republican Popular with DC Democrats'

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February 3, 2006: Libby Trial Date Set

Judge Reggie Walton orders a preliminary date set for Lewis Libby’s trial on perjury and obstruction charges (see October 28, 2005). Walton orders the date set for January 8, 2007. The rather lengthy delay is, in part, due to one of Libby’s lawyers, Theodore Wells, having another trial already set for the fall of 2006. Special counsel Patrick Fitzgerald does not oppose the scheduling. [MSNBC, 2/3/2006; FireDogLake, 2/3/2006] “We are very happy with the trial date set by Judge Walton,” Wells says. “The January 8, 2007, date will permit us the time we need to prepare Mr. Libby’s defense. The defense will show that Mr. Libby is totally innocent, that he has not done anything wrong, and he looks forward to being totally vindicated by a jury.” [New York Times, 2/3/2006] Walton originally wanted the trial to happen in September 2006, but it was delayed because of Wells’s scheduling conflicts. [New York Times, 2/3/2006; Washington Note, 2/3/2006]

Entity Tags: Theodore Wells, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Reggie B. Walton

Timeline Tags: Niger Uranium and Plame Outing

The Associated Press (AP) issues a “thumbnail sketch” of the main players in the Lewis Libby perjury and obstruction trial. Much of the material is derived from readily available biographical sources, but the AP notes that Judge Reggie Walton is a Republican who “does not fit neatly into a political box,” and has served as, among other positions, a criminal prosecutor, a public defender, and a deputy drug “czar” under President George H. W. Bush. He was nominated by George W. Bush for the federal bench in 2001, was introduced at his confirmation hearings by US House Delegate Eleanor Holmes Norton (D-DC), and won unanimous approval by the Senate. The AP also notes that “Walton decided not to move the case to the courthouse’s larger, more majestic ceremonial courtroom.” The article goes on to note that Libby’s lawyers, particularly Theodore Wells and William Jeffress, have markedly different courtroom styles, with Jeffress being the calmer and quieter of the two, and cites both lawyers’ ties to Democratic causes. [Associated Press, 1/13/2007]

Entity Tags: Associated Press, Reggie B. Walton, Theodore Wells, William Jeffress

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton rules that if Lewis Libby does not testify on his own behalf during his perjury and obstruction trial, the defense will be prohibited from presenting some of its evidence and arguments about his poor memory accounting for his lies and misstatements (see January 31, 2006 and January 24, 2007). The defense protests, leading some court observers to speculate that Libby may indeed not testify, though defense lawyers say no decision has yet been made as to his potential testimony. [Marcy Wheeler, 2/12/2007; New York Sun, 2/13/2007; Washington Post, 2/13/2007; New York Times, 2/13/2007] Walton tells the defense that he feels he was misled, having been told all along that Libby would testify. “I didn’t think that was the landscape in which we were operating,” Walton says. The Washington Post calls Walton “irritated,” and the New York Times characterizes him as “annoyed.” [Marcy Wheeler, 2/12/2007; Washington Post, 2/13/2007; New York Times, 2/13/2007] Assistant prosecutor Debra Bonamici tells Walton that all of their filings regarding what classified information could be presented in open court were based on the assumption that Libby would testify: “The truth is we did assume that Libby was going to testify, and we did so because [the defense] asked us to assume that. Everything we did was based on the asumption and it would be fundamentally unfair to hold us to an agreement we made based on those assumptions.” [Marcy Wheeler, 2/12/2007] Walton says that unless Libby testifies, he does not plan to allow the defense to argue in its closing that the Valerie Plame Wilson issue was less important to Libby than other matters. Only Libby can testify to how important those issues were to him, Walton says. But, the Times writes, Libby’s lawyers do not want to expose him to cross-examination by prosecutor Patrick Fitzgerald. John Cline, one of Libby’s lawyers, says he hopes to introduce evidence of Libby’s busy schedule through testimony of his former top aide, John Hannah (see February 13, 2007). [Marcy Wheeler, 2/12/2007; Marcy Wheeler, 2/12/2007; New York Times, 2/13/2007] Former federal prosecutor Joshua Berman, who has worked with both Fitzgerald and lead defense lawyer Theodore Wells, says Wells often waits until the last minute to decide which witnesses to call. “I’ve heard him say, ‘I often make the decision [to call a key witness] that morning,” Berman says, and adds that Wells has been “thinking about it every single morning and night since the trial began.” [USA Today, 2/12/2007]

Entity Tags: Joshua Berman, John Cline, Theodore Wells, Debra Bonamici, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Reggie B. Walton, John Hannah

Timeline Tags: Niger Uranium and Plame Outing

Former White House aide Lewis “Scooter” Libby, found guilty of four felonies in the outing of CIA agent Valerie Plame Wilson (see March 6, 2007), is sentenced by Judge Reggie Walton to 30 months in jail, fined $250,000, and given two years’ probation. The sentence is at the low end of the 30-37 month recommendation provided by prosecutor Patrick Fitzgerald (see May 25, 2007). Libby’s plea for leniency is denied. An appeals court will refuse to allow Libby to remain free while he appeals the convictions. [National Review, 5/29/2007; Washington Post, 7/3/2007; BBC, 7/3/2007] “Many defendants are first offenders, most defendants have family. We need to make clear that the truth matters and one’s station in life does not matter,” says prosecutor Patrick Fitzgerald. “We had to… chase down rabbit holes that he took us down by lying to us… [the jury had] to sort through this fun house of mirrors.” Libby’s attorney Theodore Wells argues that because of the “public humiliation” caused to Libby by the trial, and because of Libby’s “exceptional public service to the nation,” he should be given no jail time. Libby’s co-counsel, William Jeffress, continues to insist that Plame Wilson was not covert, a position long since disproven (see Fall 1992 - 1996, Late 1990s-2001 and Possibly After, April 22, 1999, (July 11, 2003), Before July 14, 2003, July 22, 2003, July 30, 2003, September 30, 2003, October 11, 2003, October 22-24, 2003, January 9, 2006, February 13, 2006, September 6, 2006, and March 16, 2007), and attempts to assert that Libby did not actually expose her as a CIA agent, an argument again debunked during the proceedings. For himself, Libby speaks briefly, thanking the court for treating him kindly, and says he is ready for the sentence: “Now I realize fully the court must decide on punishment, and I hope the court will consider my whole life,” he says. In pronouncing sentence, Walton says: “I’ve watched these proceedings with a sense of sadness because I have the highest respect for government servants. It is important that we expect and demand a lot of people who are in those situations. They have a certain high level obligation when they occupy that situation. In this situation Libby failed to meet the bar.” [Raw Story, 6/5/2007] Libby will spend no time behind bars (see July 2, 2007).

Entity Tags: William Jeffress, Theodore Wells, Valerie Plame Wilson, Patrick J. Fitzgerald, Reggie B. Walton, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

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