Memo to Byron York: Going To Jail Pending Appeal Is The Norm, Not The Exception
Writing in The Hill, Byron York laments the fact that Judge Walton is "determined" to send Scooter Libby to jail pending his appeal:
At sentencing this week, Walton also said that he saw no reason why Libby shouldn’t be behind bars sooner rather than later — in other words, that he should begin serving his sentence while his appeal is underway. Why the hurry? These days it’s often the case that when a defendant is judged no danger to society and no danger to flee the country, he is allowed to remain free on appeal.
Tom Maguire seconds the motion. I had the same thoughts when I first heard this. But we were all wrong. I think it is due to the fact that York, Maguire and I are not well versed in criminal law. You see, going to jail pending appeal is the norm, not the exception. The relevant statute says:
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