Scooter Libby

I. Lewis Libby Jr.
Born:	August 22, 1950 New Haven, Connecticut
Charges:	Obstruction of justice, Perjury, Making false statements
Sentence:	30 months (commuted), $250,000 fine
Facility:
Status:	Pardoned

I. Lewis "Scooter" Libby Jr. (born August 22, 1950) is an American attorney and former government official who served as Chief of Staff and Assistant for National Security Affairs to Vice President Dick Cheney, and as Assistant to President George W. Bush, from 2001 to 2005. In March 2007, Libby was convicted of one count of obstruction of justice, two counts of perjury, and one count of making false statements to the FBI in connection with the investigation into who leaked the identity of covert CIA officer Valerie Plame. He was sentenced to 30 months in prison, but President Bush commuted his sentence in July 2007, eliminating the prison time while leaving the conviction intact. President Donald Trump granted Libby a full pardon on April 13, 2018.

Summary

Scooter Libby was at the center of one of the most significant political scandals of the George W. Bush administration. The case began when someone in the administration leaked the identity of CIA officer Valerie Plame to journalists, apparently in retaliation against her husband, former Ambassador Joe Wilson, who had publicly criticized the administration's claims about Iraqi weapons of mass destruction.

A special counsel investigation led by Patrick Fitzgerald examined whether the leak violated federal law prohibiting the disclosure of covert intelligence officers' identities. While no one was charged with the underlying leak itself, Libby was prosecuted for lying to investigators about his knowledge of and involvement in the leak.

The case became a flashpoint in debates about the Iraq War, executive power, and the politicization of intelligence. Libby maintained his innocence, and many conservatives argued he was unfairly prosecuted. His eventual pardon by President Trump—a decade after the conviction—was seen by critics as part of a pattern of Trump pardoning those convicted of lying to federal investigators.

Background

Early Life and Education

I. Lewis Libby Jr. was born on August 22, 1950, in New Haven, Connecticut. He earned his bachelor's degree from Yale University in 1972 and his law degree from Columbia Law School in 1975.

Career

Libby worked as a lawyer and held various government positions before joining the Bush administration. He served in the State Department and Defense Department during the administrations of Ronald Reagan and George H.W. Bush.

Bush Administration

Positions

From 2001 to 2005, Libby held three positions simultaneously in the Bush administration:

• Chief of Staff to Vice President Dick Cheney
• Assistant to the Vice President for National Security Affairs
• Assistant to the President

He was considered one of the most influential figures in the administration's national security policy.

Resignation

Libby resigned from all three positions on October 28, 2005, the day he was indicted by a federal grand jury.

The CIA Leak Case

Background

In early 2003, as the Bush administration made the case for invading Iraq, one argument was that Iraq had attempted to purchase uranium from Niger for a nuclear weapons program. Former Ambassador Joseph Wilson had been sent by the CIA to investigate the claim and found it unsubstantiated.

After the Iraq invasion, Wilson wrote an op-ed in The New York Times in July 2003 titled "What I Didn't Find in Africa," publicly criticizing the administration's use of the Niger claim.

The Leak

Shortly after Wilson's op-ed, columnist Robert Novak published Wilson's wife's name—Valerie Plame—and identified her as a CIA operative. Plame was a covert officer, meaning her identity was classified.

The leak appeared to be retaliation against Wilson for his criticism. It raised questions about whether administration officials had committed a federal crime by exposing a covert agent.

Special Counsel Investigation

The Justice Department appointed U.S. Attorney Patrick Fitzgerald as Special Counsel to investigate the leak. Fitzgerald examined who had leaked Plame's identity and whether doing so violated the Intelligence Identities Protection Act.

Libby's Involvement

Fitzgerald's investigation found that Libby had discussed Plame's CIA employment with reporters before the leak became public. When questioned by investigators, Libby claimed he had first learned about Plame from journalist Tim Russert and was simply passing along information he had heard from reporters.

Fitzgerald determined this was false—Libby had actually learned about Plame from Vice President Cheney and other government sources, and had then discussed it with reporters.

Indictment and Trial

Indictment

On October 28, 2005, a federal grand jury indicted Libby on five counts:

• One count of obstruction of justice
• Two counts of perjury
• Two counts of making false statements to the FBI

Trial

Libby pleaded not guilty and went to trial in early 2007. The prosecution presented evidence that Libby had learned of Plame's identity from government sources and then lied to cover up his involvement in discussing her with reporters.

Conviction

On March 6, 2007, the jury found Libby guilty on four of the five counts:

• Guilty of obstruction of justice
• Guilty of two counts of perjury
• Guilty of one count of making false statements
• Not guilty on one count of making false statements

Sentencing

On June 5, 2007, U.S. District Judge Reggie Walton sentenced Libby to:

• 30 months in federal prison
• A $250,000 fine
• Two years of supervised release

Bush Commutation

The Commutation

On July 2, 2007—before Libby was scheduled to report to prison—President George W. Bush commuted his prison sentence, eliminating the 30 months of incarceration while leaving the conviction and fine in place.

Bush stated: "I respect the jury's verdict. But I have concluded that the prison sentence given to Mr. Libby is excessive."

Cheney's Pressure

Vice President Cheney had strongly urged Bush to grant a full pardon, not just a commutation. Bush's refusal to grant a full pardon reportedly strained his relationship with Cheney in the final years of their administration.

Effect

After the commutation, Libby:

• Avoided serving any prison time
• Still had to pay the $250,000 fine
• Remained a convicted felon
• Was disbarred from practicing law

Trump's Full Pardon

The Pardon

On April 13, 2018, President Donald Trump granted Scooter Libby a full pardon—11 years after his conviction and commutation.

Trump's Statement

Trump stated: "I don't know Mr. Libby, but for years I have heard that he has been treated unfairly. Hopefully, this full pardon will help rectify a very sad portion of his life."

Timing and Speculation

The pardon came while Trump was under investigation by Special Counsel Robert Mueller for potential obstruction of justice related to the Russia investigation. Critics, including former CIA officer Valerie Plame, suggested the pardon was meant to send a message to potential witnesses that they could expect clemency for refusing to cooperate with federal investigators.

Valerie Plame's Response

Plame criticized the pardon, stating: "President Donald Trump has granted a pardon to I. Lewis 'Scooter' Libby on the basis that he was 'treated unfairly.' That is simply false." She added: "It's very clear that this is a message he is sending, that you can commit crimes against national security and you will be pardoned."

Frequently Asked Questions

Q: What did Scooter Libby do?

Libby was convicted of obstruction of justice, two counts of perjury, and making false statements to the FBI. The charges stemmed from the investigation into who leaked CIA officer Valerie Plame's identity. Libby lied about how he learned Plame's identity and whom he told, obstructing the investigation.

Q: Was Scooter Libby pardoned?

Yes, President Trump granted Libby a full pardon on April 13, 2018. Trump said he'd "heard that he has been treated unfairly." This came 11 years after conviction and after President Bush had only commuted his sentence in 2007, declining a full pardon despite Vice President Cheney's pressure.

Q: What was Scooter Libby's sentence?

Libby was sentenced to 30 months in prison and fined $250,000 in June 2007. He never served prison time because President Bush commuted his sentence in July 2007, calling it "excessive." He paid the fine and remained a convicted felon until Trump's 2018 pardon.

Q: Who was Valerie Plame?

Valerie Plame was a covert CIA officer whose identity was leaked in 2003. Her husband, former Ambassador Joe Wilson, had criticized the Bush administration's Iraq claims. The leak appeared to be retaliation. The investigation into the leak led to Libby's prosecution for lying about his involvement.

Q: Who was Scooter Libby?

I. Lewis "Scooter" Libby served as Chief of Staff to Vice President Dick Cheney, Assistant to the VP for National Security Affairs, and Assistant to President Bush from 2001 to 2005. He was a key figure in the administration's national security apparatus and resigned after his 2005 indictment.

See also

• Presidential Clemency and Pardons