No Bail For Libby

He’ll have to go to jail, barring another appeal possibly to the Supreme Court. Though I doubt SCOTUS is going to weigh in on something like a bail ruling.

WASHINGTON (CNN) — A federal appeals court Monday rejected former White House aide Lewis “Scooter” Libby’s request to remain free on appeal after his March conviction on federal charges stemming from the leak of a CIA agent’s identity.
Libby, once Vice President Dick Cheney’s chief of staff, faces a 30-month prison term after being convicted of perjury, obstruction of justice and making false statements to federal agents probing the 2003 exposure of CIA agent Valerie Plame Wilson, whose husband had become a critic of the war in Iraq.
A three-judge panel of the District of Columbia Circuit Court of Appeals found Libby has not raised a question for judges “that is ‘close’ or that ‘could very well be decided the other way’” — the standard for remaining free on appeal.
Barring further appeals, Libby’s term will start when the U.S. Bureau of Prisons decides where he will serve his time and sets a date for him to surrender. But his lawyers may appeal Monday’s ruling to the U.S. Supreme Court, which rarely intervenes in these kinds of cases.

I’m still baffled as to why Libby can’t be free on bail. He’s a public figure and obviously no flight risk, and the crime he’s been convicted of is rather unserious in nature (he forgot what he’d said to a reporter a year previous to his testimony for crying out loud!).
But then, I’m not sure why he was convicted in the first place. Other than the fact that Patrick Fitzgerald needed something to show for spending years and tens of millions of dollars on investigating this non-scandal.

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  • http://sayanythingblog.com/ likwidshoe

    Libby’s problem is that he is an American. If only he was an illegal alien, they would set him free.

  • http://SayAnythingBlog.com The_Whistler_ofnd

    I think this is really an unfortunate decision by the Appeals court.

    1)He’s got a right to appeal the decision. 2) He’s not a danger to anyone. 3) As Rob says he’s not a flight risk.

    There’s no need to imprison him until his case is appealed. If he does win his appeal but has served his jail term it will be a gross act of injustice.

    Maybe Neiman’s right about a pardon, but it’d be better for the country for him to win his appeal rather than be pardoned.

  • Neiman

    Bush dodged and weaved and ‘commuted’ Libby’s sentence, which was an act of cowardice. A pardon would have meant Libby has no record of any criminal acts and would have been absolutely free, now he pays $250k and is on probation for two years.

    Whistler: No matter if Libby spent the money and time and got his verdict reversed; the Democrats would have said ‘convicted criminal Libby’ forever.

  • jpe

    Lay hadn’t been sentenced when he died.

    Take it up with the jury, Rob.

  • http://SayAnythingBlog.com The_Whistler_ofnd

    I think plenty of white collar criminals are allowed to post bail while they are appealing their conviction.

    For example Ken Lay was free when he passed away presumably because he was appealing his conviction.

  • jpe

    He doesn’t have a snowball’s chance of winning on appeal, though. And like it or not, that’s the standard. We don’t allow criminals to stay out of jail because a) they’re famous; b) they promise to run; or c) their crime is considered “unserious” by some.

  • Neiman

    Now is the time, passed it actually, for Bush to issue a Pardon. His poll numbers cannot get much lower and it’s the right thing to do!

  • http://sayanythingblog.com robport

    There is no reason why Libby can’t be free on bail until his hearing.

    But really, jpe, tell me again how “serious” Libby’s crime of not remember what he told a reporter a year or so before his testimony is. Because this is the first time I’ve heard that a bad memory, allegedly indicating a cover-up of something that wasn’t even a crime to begin with, is worth 30 months in prison.

    This has been a hatchet job from the beginning.

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