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