home

Scooter Libby's Latest Filing to Stay Free Pending Appeal

Scooter Libby is fighting hard to get an appeal bond. He's even bringing another lawyer on board, Lawrence Robbins, to "bring his special expertise."

Personally, I think Libby should get the appeal bond. Judge Walton doesn't seem inclined to agree, but nothing is certain until he rules tomorrow morning.

Note that Libby will not be going to jail tomorrow even if the appeal bond is denied. Fitzgerald doesn't oppose that and Judge Walton said he intended to grant a voluntary at last week's sentencing hearing. He will be granted a voluntary surrender date between 30 and 45 days from now. During that time, Team Libby will appeal the denial of bond, should that occur, to the D.C. Court of Appeals.

I summed up the grounds in his initial request (pdf) here. Christy at Firedoglake analyzes Fitzgerald's response here and here.

Today, Tom Maguire of Just One Minute posts Libby's response to Fitzgerald (pdf) and provides his analysis.

Jane of Firedoglake writes about Obama's general counsel Robert Bauer calling for a Libby pardon.

More...

Here's the applicable portion of the statute:

(b) Release or Detention Pending Appeal by the Defendant.—

(1) Except as provided in paragraph (2), the judicial officer shall order that a person who has been found guilty of an offense and sentenced to a term of imprisonment, and who has filed an appeal or a petition for a writ of certiorari, be detained, unless the judicial officer finds—

.....(B) that the appeal is not for the purpose of delay and raises a substantial question of law or fact likely to result in—
(i) reversal,
(ii) an order for a new trial,
(iii) a sentence that does not include a term of imprisonment, or
(iv) a reduced sentence to a term of imprisonment less than the total of the time already served plus the expected duration of the appeal process.

On the voluntary surrender issue, from the Sentencing Transcript (sorry for the caps but that's how it appears in the original):

WELLS: MR. FITZGERALD TOLD ME IT WAS HIS POSITION THAT HE DID NOT SEE MR. LIBBY TO BE A FLIGHT RISK. HE SAID HE WOULD AGREE TO A REASONABLE SURRENDER DATE AND THAT HE WAS NOT GOING TO BE ASKING TODAY THAT HE BE REMANDED. I TOLD HIM IN LIGHT OF THAT --

THE COURT: WELL, I MEAN I GUESS I DON'T HAVE A PROBLEM. I WAS GOING TO PERMIT HIM TO SELF-SURRENDER ANYHOW. SO IT WOULD BE SIX-TO-EIGHT WEEKS, I ASSUME, BEFORE THE BUREAU OF PRISONS WOULD DESIGNATE A FACILITY.

< Subpoenas Issued For Testimony, Emails in US Atty Firings | Can't Lower The Bar Now >
  • The Online Magazine with Liberal coverage of crime-related political and injustice news

  • Contribute To TalkLeft


  • Display: Sort: