« previous | MUCK HOME | next »
Judge Not Convinced Libby Should Be Free Pending Appeal
Will I. "Scooter" Libby remain free during a possibly lengthy appeals process? Judge Reggie B. Walton who just handed down the 30 month sentence "saw no reason to let Libby remain free pending appeal, Walton said he would accept written arguments on the issue and rule later," the Associated Press reports.
Libby leaves the courthouse:
Advertisement

Comments (55)
Tom wrote on June 5, 2007 12:45 PM:I can't believe that's the only picture you guys have of Scooter.
observor wrote on June 5, 2007 12:57 PM:Since the judge would in essence be ruling on his own trial rulings, he will deny the request for Libby remain free on bond pending appeal. Libby would then make the same motion to the appeals court.
Richard L. Adlof wrote on June 5, 2007 1:40 PM:Irwin incarcerated?
Will there be a day to day count by MSNBC like their Paris in Prison count (It's day two for anyone without a boob-tube for the last 40 hours or so).
zk0sm0 wrote on June 5, 2007 1:44 PM:i'm hoping this is good news. but he's left the door open a crack and that concerns me.
how long does it usually take to set a reporting date?
Bert Holland wrote on June 5, 2007 2:00 PM:Why don't they throw him into DC Jail and let him sit there until assigned to Federal Prison?
Guaranteed he'll become very cooperative in this leak case.
Otherwise he goes home to wait for an assignment to some sweet FPC in Maryland or VA.
Come on, Judge...DC Jail!!
"buy shiny stuff, worship celebrity, leave the driving to us"
AmerIdiot
sleep wrote on June 5, 2007 2:18 PM:I kinda hope that (in a perverse way) he goes to prison and Bush pardon's him immediately (sooner the better).....with Paris still in jail.
This is the kind of action that will wake up the idiot masses of this country with 'real' outrage.
shipwreckedcrew wrote on June 5, 2007 2:55 PM:The federal statute on bail pending appeal is pretty narrow. The judge must determine that there is some reasonable prospect that the defendant could win a reversal or a new trial from the appellate court. The test isn't whether is likely, or more probable than not, but simply that a reasonable argument can be made with respect to there being a trial error that could result in a reversal/new trial.
All Walton has done is put off setting a surrender date until the defense has an opportunity to make their case that there is some prospect for success on appeal. After they have briefed the issue, he can either grant bail or deny bail. If he denies it, he'll set a self-surrender date -- usually 8-12 weeks out. When Libby is notified by Bur. of Prisons about the facility to which he is designated, he can then surrender directly to that institution.
Bail pending appeal in the federal system is very much the exception. I'm guessing that Walton won't grant it, and Libby will have a surrender date sometime in August or September. But Bush will commute his sentence -- not issue a pardon -- and Libby will only have to pay the fine and serve probation.
The question of pardon -- which would wipe his conviction away -- can wait until the end of Bush's term. There is no need to do it now.
Sunny wrote on June 5, 2007 3:02 PM:Let him go to Gitmo and wait until the judge makes his final decision
anon wrote on June 5, 2007 3:02 PM:...the kind of action that will wake up the idiot masses...
Good luck with that.
Sunny wrote on June 5, 2007 3:03 PM:Let him go to Gitmo and wait until the judge makes his final decision
Anon wrote on June 5, 2007 3:07 PM:They threw Martha Stewart's ass in jail, and for far less than outing a CIA covert agent.
Al Lazzerman wrote on June 5, 2007 3:11 PM:Look guys- Libby lied and is part of what several historians call the "worst administration not just in US history but in world history"
I think he will end his life- like Ken Lay- before he serves his time. Things are going to be tough for him and he will take the easy way out. Its why none of these guys ever served in the military.
Juan wrote on June 5, 2007 3:15 PM:Hmm! Libby is not smiling/smirking anymore. I wonder why. Lost his sense of humor has he.
azbill wrote on June 5, 2007 3:24 PM:Good God, they sent Judith Miller to jail for a lot less reasons than "Scooter". He needs to be in jail NOW while he figures out how to get away with lying to the FBI and Fitz.
TRAITORS TO THE UNITED STATES NEED TO BE IN JAIL, SO SCOOTER, BYE, BYE. Next it's Abu Gonzales, Dick Cheney and last but not least George Bush. They could all be in the same cell block.
The republic party is the party of treason, war and lying! Opps, I forgot they are pedophiles as well.
Code word is SCREW, just what this administration has done to America without lube.
Rb wrote on June 5, 2007 5:22 PM:"Hmm! Libby is not smiling/smirking anymore. I wonder why. Lost his sense of humor has he."
My thoughts exactly. I also remember the swagger and the 'devil-may-care' attitude that he exuded during the trial. It was a mixture of Leona Helmsley and Oliver North, the feeling that he was important enough to be above the law. His lies were clearly to protect Shooter, and he has to pay; however minimum it is going to be before the Decider acts to protect his and Shooter's behind.
Richard Chase wrote on June 5, 2007 5:34 PM:George Bush's (s) people don't go to jail. Especially when they know what Mr. Libby must know. Bush is just arrogant enough to pardon him and will not be bothered in the least what the country or anyone else thinks about it. It isn't "Balls", it's just too damned rednecked, silver-spooned stupid to know any better.
judy wrote on June 5, 2007 5:36 PM:This man is partially responsible for the deaths of 600,000++Iraqis, 3,499++ US soldiers along with Bush/Cheney and the rest of the WHIG. He lied. He manipulated to take us to war. He committed perjury to protect the other murderers.
Let him rot in prison. He is a danger to humanity. Lock him ASAP. Throw away the key.
nick valiante wrote on June 5, 2007 6:08 PM:why do the trolls continue to defend lying
nick valiante wrote on June 5, 2007 6:09 PM:why do the trolls continue to defend lier's
BobN wrote on June 5, 2007 6:43 PM:In his six years in office, Bush hasn't managed to pardon a single real criminal. His extending pardons to folks who already served their sentences long ago has made a mockery of the virtue of forgiveness.
Now, I suspect, he'll discover the courage to pardon someone controversial. It will, of course, be for all the wrong reasons, and the mockery of the Christian virtue of forgiveness will continue.
Matt Newman wrote on June 5, 2007 7:00 PM:I guess I'm in the minority here, but I don't think Bush will pardon Scooter. Why would he? He never thinks he owes anything to the help.
san mateo wrote on June 5, 2007 7:21 PM:shippedwreckcrew explained it very well. Thanks
chuck wrote on June 5, 2007 7:26 PM:Yup - I checked, and the prospect of 800 days in federal prison has in fact succeeded in removing that ubiquitous smirk from Libby's face.
Praise be!
Bikerdude wrote on June 5, 2007 7:38 PM:I have a bad feeling he will not have to answer for his actions and that he will walk out a free man whether its a commutation or a pardon. Sad, sad shit...Guaranteed jail time would help the prosecution convince him to testify for the good of the United States of America.
squidinc wrote on June 5, 2007 8:14 PM:Even if he goes to prison he'll get to go to a white collar crime "Club Fed" joint. He'll serve his time in relative luxury, get out tanned and toned, and get a great paying consulting position.
Real prisons are only for the poor and powerless, not for the rich and powerful white guys that control this "democracy".
Cid wrote on June 5, 2007 8:32 PM:@sleep:
I think the problem is that the 'idiot masses' have been awake for awhile. That's how we got into this mess.
Anonymous wrote on June 5, 2007 9:14 PM:I wonder if Bush is going to pardon him before he goes off to prison?
http://osi-speaks.blogspot.com/2007/06/scooter-libby-draws-prison-sentence-and.html#links
KYJurisDoctor wrote on June 5, 2007 9:14 PM:I wonder if Bush is going to pardon him before he goes off to prison?
http://osi-speaks.blogspot.com/2007/06/scooter-libby-draws-prison-sentence-and.html#links
Virginia Muir wrote on June 5, 2007 9:48 PM:Libby's despicable offense was trying to mislead the American People about Iraq obtaining uranium from Niger. Libby did this by attacking Joe Wilson and outing his wife, Valerie Plame. Revelations about Plame's CIA work was "collateral damage".
Virginia Muir wrote on June 5, 2007 9:48 PM:Libby's real intention was to lie about the "evidence" of Iraq WMDs. Think how often Libby (and other BushCo.s) contacted reporters, asked them not to reveal him as the source (Now, why that???) in order to denigrate Wilson.
The fact that lying to the American Public is not currently a felony doesn't make it OK. It's WRONG!
Libby's despicable offense was trying to mislead the American People about Iraq obtaining uranium from Niger. Libby did this by attacking Joe Wilson and outing his wife, Valerie Plame. Revelations about Plame's CIA work was "collateral damage".
PissedOffAmerican wrote on June 5, 2007 9:53 PM:Libby's real intention was to lie about the "evidence" of Iraq WMDs. Think how often Libby (and other BushCo.s) contacted reporters, asked them not to reveal him as the source (Now, why that???) in order to denigrate Wilson.
The fact that lying to the American Public is not currently a felony doesn't make it OK. It's WRONG!
Scooter Libby will not spend one single day behind bars.
Delfina Jones wrote on June 5, 2007 10:39 PM:Smoking Gun has James Carville's letter of support for Libby. Why is this guy still advising the Democrats?
markie wrote on June 5, 2007 11:03 PM:one really does wonder if fitzgerald is a whimp for not pursuing the outing of plame, or if he figured the civil suit would give the same results in the overall political scheme of things.
Stephen Pitt wrote on June 5, 2007 11:06 PM:Can an unindicted co-conspirator pardon anyone?
guitrock wrote on June 5, 2007 11:06 PM:Release on bail pending appeal is governed by Title 18 U.S.C. § 3143. This statute orders that a person be detained pending appeal unless the person meet certain statutory factors. The relevant one in Libby's case is § 3143(b)(1)(B), which says that the judge must find 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 setnence that does not include a term of imprisonment, or (iv) a reduced sentence to a term of imprisonment less than the total time already served plus the expected duration of the appeal process."
The judge has already indicated that he did not see any reason to permit Libby to stay out of jail pending appeal, but he will listen to the parties arguments in a later hearing. These type remarks do not help Libby. The court does not review its own rulings, but it carefully looks at the case to see if a defendant has both an arguably meritorious appeal and a particular issue that would result in a reversal, new trial, etc. Courts do that all the time, despite the fact that personally believe their rulings were correct.
Unless Libby convinces the court there is a viable issue for the appeal, he will not be allowed to remain on bail pending appeal. If the judge denies Libby's motion, the judge will in all likelihood allow Libby to report on his own to a designated prison. The time for designation is generally not very long at all.
guitrock wrote on June 5, 2007 11:07 PM:Release on bail pending appeal is governed by Title 18 U.S.C. § 3143. This statute orders that a person be detained pending appeal unless the person meet certain statutory factors. The relevant one in Libby's case is § 3143(b)(1)(B), which says that the judge must find 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 setnence that does not include a term of imprisonment, or (iv) a reduced sentence to a term of imprisonment less than the total time already served plus the expected duration of the appeal process."
The judge has already indicated that he did not see any reason to permit Libby to stay out of jail pending appeal, but he will listen to the parties arguments in a later hearing. These type remarks do not help Libby. The court does not review its own rulings, but it carefully looks at the case to see if a defendant has both an arguably meritorious appeal and a particular issue that would result in a reversal, new trial, etc. Courts do that all the time, despite the fact that personally believe their rulings were correct.
Unless Libby convinces the court there is a viable issue for the appeal, he will not be allowed to remain on bail pending appeal. If the judge denies Libby's motion, the judge will in all likelihood allow Libby to report on his own to a designated prison. The time for designation is generally not very long at all.
guitrock wrote on June 5, 2007 11:07 PM:Release on bail pending appeal is governed by Title 18 U.S.C. § 3143. This statute orders that a person be detained pending appeal unless the person meet certain statutory factors. The relevant one in Libby's case is § 3143(b)(1)(B), which says that the judge must find 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 setnence that does not include a term of imprisonment, or (iv) a reduced sentence to a term of imprisonment less than the total time already served plus the expected duration of the appeal process."
The judge has already indicated that he did not see any reason to permit Libby to stay out of jail pending appeal, but he will listen to the parties arguments in a later hearing. These type remarks do not help Libby. The court does not review its own rulings, but it carefully looks at the case to see if a defendant has both an arguably meritorious appeal and a particular issue that would result in a reversal, new trial, etc. Courts do that all the time, despite the fact that personally believe their rulings were correct.
Unless Libby convinces the court there is a viable issue for the appeal, he will not be allowed to remain on bail pending appeal. If the judge denies Libby's motion, the judge will in all likelihood allow Libby to report on his own to a designated prison. The time for designation is generally not very long at all.
Mike Valentine wrote on June 5, 2007 11:51 PM:This is something that has put the biggest Sh*t eating grin on my face in over a year.
Code word: after, as in some Justus after all.
lyn wrote on June 6, 2007 6:01 AM:Lets face it, we have a gang like Capone had in the 20s and 30s, in this White House and totally supported by the republican congress.
Frank wrote on June 6, 2007 7:49 AM:These people have taken advantage of the disinterested public, now that they have put this nation into such debt, it will be a long time before we recover.
Remember people never care about the flood, till the water is at their door.
A Bush pardon is guaranteed. He will take cover in the Clinton pardon of Marc Rich. The untouchables will remain untouchable. I wonder what Henry Kissinger is doing today.
Frank wrote on June 6, 2007 7:49 AM:A Bush pardon is guaranteed. He will take cover in the Clinton pardon of Marc Rich. The untouchables will remain untouchable. I wonder what Henry Kissinger is doing today.
Frank wrote on June 6, 2007 7:50 AM:A Bush pardon is guaranteed. He will take cover in the Clinton pardon of Marc Rich. The untouchables will remain untouchable. I wonder what Henry Kissinger is doing today.
elrapierwit wrote on June 6, 2007 9:07 AM:Scotter is Cheney's boy, not Bushes. Bush has no intention of pardoning Scooter. Scooter covered Cheney's ass not Dubya's. That is why Gonzales is still AG and Scooter is headed to jail. Bush takes care of 'his boys' not Cheney's. Scooter was probably not smart enough to hide how smart he was from Bush. Bush does not even like Cheney.
Right now Cheney is trying to lead a revolt against Condi and Bush's foreign policy in the ME. Bush has no love for Cheney.
No pardon for Scooter will be in the future.
lol lol...it truly is...security code word: cold
wingnut death surge wrote on June 6, 2007 9:14 AM:Army ranger Sgt. Ryan Baum, killed in Iraq on May 19th, was honored yesterday for being a patriotic brave American. He was sent into a trumped up illegal war by the most cowardly administration in American history. Words cannot express the anger I feel towards these chicken hawks lining their pockets while shedding the blood of real American heroes. Mr. Bush, Mr. Cheney, Mr. Rove, Mr. Rumsfield and you, Mr. Libbey, are the scum of the earth. Go FUCK yourselves.
trishinpitt wrote on June 6, 2007 9:39 AM:Wasn't Scooter Libby the lawyer in Marc Rich's pardon????
bobdevo wrote on June 6, 2007 9:51 AM:Scooter is going to have a long and very possibly unpleasant conversation with his wife over the 45-60 days before he has to report to begin serving his 30 months. If my ESP is working at all - the conversation will start with something like:
So - you are going to be spending 2 1/2 years in prison while I watch the kids and pay the bills and mow the lawn and call the plumber . . . all because you had to lie to protect that asshole Dick Cheney?? What in the world were you thinking?? Do you think those malevolent bastards in the White House are more important than your family?? Your wife and children?? You get Mr. Fitzgerald on the phone - and you get him on the phone now - and you ask him what kind of cooperation keeps your lazy ass out of the slammer!!
Xman wrote on June 6, 2007 10:22 AM:I think "shipwreckedcrew" has it right. True to form, the bushies will just let it drag out as long as possible.
I think we should have a memorial to all those in D.C. who are dragged kicking and screaming to their reward. I imagine a "Wall" with the impressions of their dragging finger nails in the granite.
Xman wrote on June 6, 2007 10:24 AM:I think "shipwreckedcrew" has it right. True to form, the bushies will just let it drag out as long as possible.
I think we should have a memorial to all those in D.C. who are dragged kicking and screaming to their reward. I imagine a "Wall" with the impressions of their dragging finger nails in the granite.
Frank wrote on June 6, 2007 10:24 AM:to trishinpitt;
right you are! and Rich's most ardent advocate was the Prime Minister of Israel. One big happy family.
BillE wrote on June 6, 2007 10:54 AM:Scooters family is going to have maid service while he is away. Butlers, Limo's the works. They neocons will take care of his family to buy his silence. This has always been the case or Cheney would be toast.
And when he gets out, the neocons will hire him at AEI or someplace for 7 figures.
elrapierwit wrote on June 6, 2007 2:13 PM:BilliE
That sounds like the mob to me...the Bush cabal does not beleive in that type of support for fallen soldiers...
The scenario bobdevo paints is far more likely.
It is time for Scooter to sing!
sponson wrote on June 6, 2007 5:08 PM:Bush won't pardon Libby now, and I predict that before Election Day 2008 Bush's situation will deteriorate so badly that he won't be able to pardon Libby then either (that would be his first "safe" opportunity). The constant talk of such a farfetched move in the media is simply proof of how out-of-touch and right-wing they actually are, still in thrall of the Beltway neocons and their spin doctors.
JNagarya wrote on June 7, 2007 12:31 PM:"why do the trolls continue to defend lying
"Posted by: nick valiante
Date: June 5, 2007 06:08 PM"
It's the only trace of character they have.
JNagarya wrote on June 7, 2007 12:40 PM:". . . . Bush will commute his sentence -- not issue a pardon . . . ."
Nope. That would be inconsistent, thus would risk making him appear to be unethical, a hypocrite. He never comments on ongoing investigation or ongoing trials/appeals.
And, he's deeply concerned with appearances: he wouldn't want people to not like him.
He may call him on the q-t, in respect of Scooter's privacy, or send him a postcard saying, "Tough shit, sucker," of course, as an expression of his bottomless Christian compassion.
"Posted by: shipwreckedcrew
Date: June 5, 2007 02:55 PM"
SC = paint. As in, I can paint any fantasy I want. So there.
JNagarya wrote on June 7, 2007 12:46 PM:"Even if he goes to prison he'll get to go to a white collar crime "Club Fed" joint. He'll serve his time in relative luxury, get out tanned and toned, and get a great paying consulting position.
"Real prisons are only for the poor and powerless, not for the rich and powerful white guys that control this "democracy".
"Posted by: squidinc
Date: June 5, 2007 08:14 PM"
You mean you don't think he's suffered enough?
I'll bet you didn't like Agnew either!
SC = false. As in, There seems to be something false in the above, but I can't quite figure out what.