CNN’s Gives Liberal Dershowitz a Platform to Decry Harsh Sentence for Libby

Photo of Matthew Balan.

Perhaps the surprise of Monday morning was that CNN's "American Morning" hosted liberal Harvard Law professor Alan Dershowitz to discuss his support of former Cheney aide Scooter Libby, whom Dershowitz says has been given too stiff of a sentence. "Considering all of the circumstances of the case, first offender, good record, generally, you wouldn’t get a sentence of that length."

Co-host Kiran Chetry asked, "So, this is a little puzzling because you are not known as a friend of this administration. Some may have been a little surprised to read that you did file this friend of the court's brief on behalf of Scooter Libby. Why?" Dershowitz explained his stance, and how the circumstances of the Libby case wasn’t "a Republican-Democrat issue for me."

Dershowitz is well-known for his liberalism and his support of Bill Clinton during the time of his impeachment. More recently, however, Dershowitz filed a friend of the court brief on behalf of Libby before his sentencing.

A transcript of the key portion from Chetry’s interview of Dershowitz:

KIRAN CHETRY: You couldn't have missed all of the media out, the big circus surrounding Paris Hilton last week. She was carted back to jail sobbing after a sheriff's deputy released her to house arrest for a medical condition. Many cried foul, saying that celebs and high-profile people get preferential treatment in the justice system. By my next guest says that that's not always the case. In the case of Paris Hilton or former vice presidential aide Scooter Libby, in fact, it is just the opposite. Harvard law professor Alan Dershowitz and famed defense attorney joins us now from Boston. Thanks for being with us.

ALAN DERSHOWITZ, HARVARD LAW PROFESSOR: Thank you.

CHETRY: So, this is a little puzzling because you are not known as a friend of this administration. Some may have been a little surprised to read that you did file this friend of the court's brief on behalf of Scooter Libby. Why?

DERSHOWITZ: It was a very serious issue that was raised by the lawyers. I would have filed the same brief against special prosecutors in the Clinton case. This is not a Republican-Democrat issue for me. It is the seriousness of the issue. The judge reacted in a very childish manner by attacking the professors who had filed the briefs, saying why don't we do work on behalf of poor clients? I do half of my work pro bono, probably have represented more poor people than any active lawyer in the United States today. And other academics on the brief also have a long and distinguished history of pro bono work. Even Robert Bork, with whom I disagree about everything, represents people pro bono, and the judge was just totally out of line in making those kind of comments. But it is typical of the way judges deal with celebrity cases.

CHETRY: Yet, he did grant the request. I guess he is going to listen to these arguments on behalf of those constitutional scholars including yourself. But what is it about Libby's sentence that got you so riled up? Two and a half years, is that out of line? Would an average defendant be serving less time for perjury and obstruction of justice?

DERSHOWITZ: Well, considering all of the circumstances of the case, first offender, good record, generally, you wouldn't get a sentence of that length, especially since judges now have enormous discretion -- we'll find out in the next days or weeks how much discretion -- but they generally have discretion to tailor the sentence to the particular defendant. And...

CHETRY: You think he is getting a tougher rap here because he's a high-profile person.

DERSHOWITZ: Well I think in general, celebrities tend to get hurt on the sentencing end. Judges tend to pander to the public and want to show that they really lean over backwards to be fair. But then celebrities get some advantages as well. They are treated better in prison generally because they pose risks of violence being directed against them in prison. So, being a celebrity cuts both ways in the criminal justice system.

CHETRY: It certainly does. Some of our viewers might find you filing this brief ironic coming from the man who was part of OJ's dream team, a man most Americans believe essentially got away with murder.

DERSHOWITZ: People have a right to express views on any case. My job as a criminal defense lawyer is to present the best defense I possibly can. I don't pick my cases based on race or ideology. I pick my cases based on the legal issues. People forget that OJ Simpson was facing the death penalty when I became a consultant to his defense team, and I do many death penalty cases. In fact, that was probably the first death penalty case I ever did without it being a pro bono case. I've represented two defendants in front of the Supreme Court free. I've represented other defendants on death row free. Generally, I represent the poor and not the wealthy.

—Matthew Balan is a news analyst at the Media Research Center.


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Trial or no trial

Believer

How the justice let this get to trial is beyond me, except when you figure in the admins antics over the last few months in the immigration issue, maybe it's not such a mystery. GWB is more like '41 than I dared consider.

I have been blindsided by this admin and do not want it to happen again. Bush will not pardon Libby is my guess, but will not pursue Berger who probably should be tried and maybe given a death sentence. Ask him what he stole and then try to say he can't remember-HA! In a pig's eye!

And the views of David Boies - on Libby

Probably not a better time to revisit the views David Boies (Gore's attorney in Bush v. Gore) expressed - on the process - a few months back:

David Boies on H/C on Fox – March 5th, 2007

That's exactly the problem. People can't remember everything. Now, people have got to tell the truth in front of a grand jury. That's very important. And if you are conducting an investigation where you really need to get people's testimony, and they lie, they need to be prosecuted, even if you ultimately conclude there was no underlying crime. That's not really the situation here, as I see it. Because from the outside it looks like the prosecutor knew, before some of this testimony was taken, that there was not an underlying crime. And then to go forward and try to get people maybe to slip up, make a mistake, so you can bring a perjury or obstruction charge, I think that's what's troubling here.
 
 
…The problem is I don't see any evidence that that's right. That is I don't see any evidence that they needed Libby's testimony to determine whether there was a crime or not. They knew who leaked it. Ok? They knew who leaked it.

Ironic.  Fitzgerald knew abo

Ironic.  Fitzgerald knew about Armitage and declined to file charges for "outing" Plame.  But, he specifically went after Libby, trying to get to Cheney, Rove, or Bush for "outing" Plame so that he could charge one or more of them for something that wasn't a crime for Armitage.

SouthernRoots - Boies vs Olson

SouthernRoots - Boies vs Olson. From purely a media bias standpoint, one has to know that if Bush's attorney, Ted Olson, in Bush v. Gore had expressed a profound view in support of the other view - the need to get Libby - that there would have been a mad scramble from the MSM fighting to get the interview w/Olson. Meet the Press and the Sunday morning shows would want him.... all the news outlets that couldn't get him would be highlighting the story. But Boies - he spoke on Fox -  I'd be surprised if he got a single call the next day from the MSM asking for him to appear and tell it again. (;~> gh

Any sentence in this case is

Any sentence in this case is too much. Libby should never have been brought up on charges in the first place. There is question as to whether there was any underlying crime as  Plame's status in the CIA at the time of the leak is still in question, and even if there was a crime, it had been determined that someone else leaked the information.

As pertains to what Libby was convicted of, If someone asked me what I said and to whom I said it on june 11, 2005, there is no way in hell I would be able to remember, whether or not I was sworn in. I don't see how anybody could determine if Libby was lying or obstructing justice just because he couldn't remember conversations some two years prior, especially since many other witnesses could not remember details asked of them in this forum.

A presidential pardon should

A presidential pardon should be given to Libby one hour prior to going to jail. And, the office of the special counsel should pay his lawyers fees. I take that last sentence back because that would mean that taxpayers end up with the tab. Let Valerie Plame pick up his tab instead.

Prove you can secure our borders first. The only legislation that counts!

I cannot read the article. I'

I cannot read the article.

I'm still trying to get over Kiran Chetry going over to the other side.

Waaaaaa!

Blame former Miss America a

Blame former Miss America and overall empty skirt Gretchen Carlson for that Mica! Apparently there was a catfight between the two divas and Carlson won out--to use an overused media cliche--details are sketchy--into how this played out. If anything Kiran "Hot Legs" Chetry should be hosting Fox and Friends not blondie! Look I like Fox and Friends over the morning crap of the networks, but the former Miss America is an acquired taste--and in reality she isn't my taste.

Gretchen is a former Miss Ame

Gretchen is a former Miss America? You're kidding?

You must mean Miss Second Tier America, Right?

1989 winner

1989 winner

On Kiran Chetry and the Dark Side

Indeed, when I heard that Kiran Chetry was going to the Dark Side, I was thoroughly bummed.  I can count the number of minutes I have seen of CNN on one hand over the past 10 years. 

FOURTEEN DOWN, TWO TO GO...(until the SPURS' FOURTH RING!!!)

Here we go again...

Hey, Unsane! Remember that the Cavs were down 2-0 against the Pistons and came back to win the east.  This series picks up in Cleveland now - don't get too cocky - The "Q" will be rockin' with Cavs fans!

Cleveland is not playing the

Cleveland is not playing the Pistons. They are in a tussle with a 3 time NBA champion. If the Cavs cannot win game 3, then it will be over in a sweep. The Spurs are a far superior team to the Pistons. Sorry cavs fans, but this one is over.

Say it isn't so. I USED to th

Say it isn't so. I USED to think she was beautiful.

  Ignorance is bliss. It's easier to repeat a mindless slogan than to do some actual research.

The case against Scooter Libb

The case against Scooter Libby is one of unlawful ... ILLEGAL ... prosecution. It was a politically motivated witch-hunt and sin safari.  

  • First, Valerie Plame wasn't an "operative". Second, she had been away from the CIA for more than 6 years. Third, SOMEONE ELSE outed her.

Libby should be ACQUITTED, sent home, and then COUNTERSUE the prosecutor, the Democrats who ignited and fueled this auto da fe, and the reporters who slandered him ceaselessly for more than 3 years.

Same thing was done to Clinton

Same thing was done to Clinton. His case was civil and thrown out in the end. His testimony about screwing around with Lewinsky had the same bearing, NOTHING. Some goofball is ready to scream " pattern of behavior " I'm sure, but then Libby's "pattern of lying" as to his behavior is the same as well.

One should recall, Ken Starr had the information on Lewinsky BEFORE the grand jury questions, same as Fitzgerald had the information on Armitage BEFORE he had Libby questioned.

At least Dershowitz, depsite his liberalism can be honest, and not use his party favor as the end all and be all.

Dershowitz also took on Chompsky and ripped him to shreds in debate. I'd like to know his position on Ward Churchill, he probably shredded him as well.

 When everyone wants Libby off ( I agree ) they had better wake up to what was done to Clinton in the Paula Jones trial. This is the liberals payback, it's clear as a bell.

I certainly cannot claim Libby did anything like what Clinton did, and I don't believe he is corrupt, since his reputation was crystal clear according to the press, but these same style of idiotic prosecutions come down, and now when it's against Libby the taste is plenty bad.

 When it was against Clinton, it was all sorts of fun, and at least, even though it's not justice, there was plenty to say he "deserved it".

 Just be aware, this is what is wrought when over the top crap becomes "rule of partisan law".

Ah, yes....judging "cele

Ah, yes....judging "celebrities"....

I know everyone here is sick and tired of Paris and Anna Nicole.....but...

Does anyone remember the Broward County judge (this is where I live, remember, but I refuse to name him out of principle) crying at the initial hearings over ANS' autopsy, burial, etc.?  (And, deliciously, h/t Noel, being picked up on marijuana charges a week or two later...LOL).

Sheesh....a not only are judges issuing press releases, but crying on National TV over another no talent bimbo? 

Also, I'd point out to the members of the jury that after his four or five day stint in front of the national cameras that this sterling Broward County judge was being offered talk shows, etc., etc.?

What say you, jury?  Activist judges are bad enough....but what shall we do to the celebrity pandering ones?  Hmmmmm?

Disgusting!

Oops, I think you might be g

Oops, I think you might be getting the two ANS judges from Florida mixed up.  The family court judge (re: ANS's DNA) was the one who got busted for pot.

thefightinggop.org

Scooter Libby was sacrifice

Scooter Libby was sacrificed on the altar of appeasement by the Bush administration. Who's next?

did U forget Rummy?

Did you forget about Rummy? He was sacrificed too. I imagine that he had more class and layed himself down for the slaughter.

If conservatives are RIGHT, then liberals must be WRONG.

Yeah, that's correct. And m

Yeah, that's correct. And more recently General Pace!

I have a question.  Why are

I have a question.  Why are all the good-looking women going over to CNN?  Honestly...A few years back, Paula Zahn went over to CNN and we got Greta.  Now Kiran Chetry is over there.  What are we going to get in return?  Let's just hope we can keep Laurie Dhue, Megyn Kendall and E.D. Hill.