Breaking on CNN: Libby's lawyers ask Appeal Court

[malaise]

to delay his prison sentence.
Bwaaaaaaaaaaaaaaaaaaaaaaaaaaaaah. Fugg you Libby - Go to Jail!
Edit -headline

[blogslut]

1. We knew that was coming. right?

Doesn't judge Walton still have to decide exactly when Irving is going to the slammah?

[tridim]

8. He already decided.. He said Irving goes to jail NOW. nt

[youngdem]

2. Judge to Libby: "Did you not read my fucking opinion?....GO TO JAIL!"

[TechBear_Seattle]

11. Libby to Judge: "Cheney you!" n/t

[Virginia Dare]

3. I hope he really pisses them off and it gets moved up....n/t

[malaise]

23. That's my hope

Go to Jail Scooter. Do the crime, pay the time.

[BOSSHOG]

4. But he's a christian and a conservative

jails are designed to hold liberals and heathens, not honest men like scooter. And as rush says there was no underlying crime, so if ya believe that, in the republican world its okay to lie to a federal prosecutor while under oath. And it was only about national security not something serious like head.

But if there were no underlying crime why did scooter HAVE to lie?

And if scooter had told the truth, cheney would be going to jail.

Yeah boys, no underlying crime.

[BonnieJW]

7. Actually,

Libby is Jewish.

[BOSSHOG]

10. Thanks very much

I stand corrected. Lessens the chance of a pardon?

[lazer47]

13. I always wondered if you were Officer or Enlisted, after reading your conclusions

I now know. (lolL,,,,, Scooter had to LIE for that very reason

[endarkenment]

5. Uh, does that work?

That would seem to be just wrong.

[ThomWV]

6. Why isn't he in jail right this minute?

[OrangeCountyDemocrat]

9. Bad News Guys...

I read an article that says the DC Appeals court is something like 75% Republican.

There is at least a chance they'll overturn Judge Walton's ruling, and he had at least the fear that may happen, as he tried to be clear in his determination that Libby must go straight to jail, so that it couldn't be easily overturned.

The article I read said that because of the Appeals court makeup, it was quite possible they would side with Libby, as a quid pro quo for the repubs.

[alcibiades_mystery]

15. None of the issues are close

If they rule in Libby's favor it will be just plain bald favoritism, and extremely dangerous precedent.

[OrangeCountyDemocrat]

17. Precisely!!

But what I read said exactly that. If they side with Libby, it will be 100% because of favoritism, and would be EXTREMELY dangerous precedent.

Not like these SOB's haven't done that before. Lest we forget December 2000?

[WinkyDink]

20. Oh, I think the SCOTUS set THAT precedent. ;)

[alcibiades_mystery]

22. They explicitly forbid Bush v. Gore AS precedent

I suspect that the Appeals Court would shy away from such a noxious and open declaration of privilege.

[Bake]

16. So is Judge Walton!

Appointed by pRes GWBush. So at least there's one of 'em with some honor and respect for the law.

As for the appeal, it depends on the issues presented. Unless it's SCOTUS and the case is Bush v. Gore ....

Bake

[BlooInBloo]

21. So? So is the trial judge.

[OrangeCountyDemocrat]

25. There Are Always Exceptions To The Rule

Walton, Fitzgerald, the 8 Fired Repub Appointed Gov't. Attorneys.

I'm just afraid that THESE repubs are what you would call "loyal followers," and like the Supremes in '00, they could care less about the rule of law, and more about helping their friends in the administration.

I PRAY that I'm wrong.

[Blackhatjack]

12. Courts of Appeal are reluctant to overturn decisions of Trial Judges because...

... they virtually have to substitute their opinion for that of the Judge who heard the evidence and the parties at trial. To do so, they essentially have to rule the trial judge 'abused his/her discretion' in arriving at the decision that is being appealed.

It is indeed rare to find cases in which the Ct of Appeals overturns or remands the decision of the trial court. The decision to overrule the trial judge as to whether a defendant should remain free on appeal almost never happens.

It certainly would be an incident worthy of sitting up and taking notice if they order Libby released pending conclusion of his appeal.

[JDPriestly]

14. Depends on the issue.

And if the issue is Libby's chances on appeal, the decision of the Court of Appeals on this could suggest how they will rule on the underlying issues -- and the outcome of the case.

Republicans are not necessarily of one mind when it comes to Libby. Republican judges of the law and order persuasion, Republican judges who wish to protect CIA agents -- they might not agree with the pundit rabble out there.

[Bitwit1234]

18. You have to admit to a republican he got a raw deal after all

what's telling lies. Didn't bush tell the country a whole darn slew of them to get us to believe his war. Isn't he still telling us lies.

[rasputin1952]

19. Is the next step to pull a "Paris Hilton" and say he might get an

upset stomach. Send his lousy ass to jail....I just wish it were for longer...:grr:

[malaise]

24. I still believe tricks will be pulled when everyone is busy

celebrating the July 4th weekend - kind of like the Ken Lay mystery death, cremation, and disappearance among the aspen.

[rasputin1952]

26. We shall see...I put nothing past this group of thugs...

Pardon, sudden break on appeal, death...anything can come of this, except the obvious, the felon goes to prison.

I still think they're afraid Libby will sing, he's not known for his great strength, he's pretty much a wimp.

[malaise]

27. I hope he signs like a canary

but I'm not that hopeful.

[H2O Man]

28. His apperal :

See if this link to his 122-page appeal works:


http://www.robbinsrussell.com/pdf/390.pdf#http://www.robbinsrussell.com/pdf/390.pdf

[malaise]

29. Thanks H2O Man

Works. :D

[H2O Man]

30. The link does;

the appeal won't!

[malaise]

31. I'm hoping.

I'll read it in detail tonight

[Missy Vixen]

32. They've got bupkis

Libby's team had to file the appeal or possibly be sued for malpractice.

Judge Walton said point-blank during the sentencing hearing that one of the cases they're relying on, Morrison (I believe,) is not going to work for them. They're lacking proof in two out of four of the features of that case.

In the meantime, their challenges to the legitimacy of Patrick Fitzgerald's appointment is going to do nothing but piss him off. This is not a man I'd want even slightly peeved at me in a courtroom, or anywhere else for that matter...

Julie
still president for life of the PFEB