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BREAKING: Libby Motion For Release On Bond Pending Appeal — DENIED

libbyverdict1.jpgBreaking news from the DC Circuit Court of Appeals, in an opinion issued just moments ago, Judges Sentelle, Henderson and Tatel say the following:

“Upon consideration of the motion for release pending appeal, the opposition thereto, and the reply, it is

ORDERED that the motion for release pending appeal be denied.  Appellant has not shown that the appeal raises a substantial question under 18 USC Sec. 3143(b)(1)(B).  See United States v. Perholtz, 836 F.2d 554, 555 (D.C.Cir. 1987) (per curiam) (substantial question is one that is “close” or that “could very well be decided the other way”).

It it a per curiam opinion issued on July 2, 2007, and initialled by all three of the judges.  That would be no bond to continue, which means absent some reversal by a higher court (the full panel of the DC Circuit, for example, or the US Supreme Court — which is all that is left for appeal for Scooter’s legal team), Libby is headed to jail.  And, frankly, gaining freedom on appeal from the full panel or from the US Supreme Court is an increasingly difficult prospect considering how truly weak the grounds were put forth on Libby’s appeal behalf and how few of these cases are ever accepted for certioriari.

What this says to me is that Libby — or, as I like to call him Inmate 28301-016 — is headed to jail.  Do not pass go.  Do not collect anything.

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Christy Hardin Smith

Christy Hardin Smith

Christy is a "recovering" attorney, who earned her undergraduate degree at Smith College, in American Studies and Government, concentrating in American Foreign Policy. She then went on to graduate studies at the University of Pennsylvania in the field of political science and international relations/security studies, before attending law school at the College of Law at West Virginia University, where she was Associate Editor of the Law Review. Christy was a partner in her own firm for several years, where she practiced in a number of areas including criminal defense, child abuse and neglect representation, domestic law, civil litigation, and she was an attorney for a small municipality, before switching hats to become a state prosecutor. Christy has extensive trial experience, and has worked for years both in and out of the court system to improve the lives of at risk children.

Email: reddhedd AT firedoglake DOT com