From AP:
Attorneys for I. Lewis "Scooter" Libby formally asked a federal judge Thursday to delay the former White House aide's 2 1/2-year prison sentence, a request the judge has indicated he's not inclined to grant.
In documents filed with the court, Libby's attorneys say they have a good chance of winning an appeal of Libby's conviction for perjury and obstruction in the CIA leak case. Jurors found that Libby lied to investigators about how he learned that the wife of an outspoken war critic worked for the CIA, and whom he told.
During Libby's monthlong trial, attorneys disagreed with several of U.S. District Judge Reggie B. Walton's decisions, including prohibiting them from presenting an expert witness to testify that Libby could have simply forgotten his conversations because of the stress of his daily job.
Defense attorneys argued in their filing Thursday that Special Prosecutor Patrick Fitzgerald lacked the constitutional authority to bring charges against Libby, the former chief of staff to Vice President Dick Cheney. They also said they were unfairly prohibited from questioning NBC reporter Andrea Mitchell about why she said lots of journalists knew Plame's identity.
At Libby's sentencing hearing Tuesday, Walton said he sees no reason to allow Libby to remain free pending appeal. If he rules that way, Libby's attorneys have said they will ask an appeals court to put the prison term on hold.
A delay would give President Bush more time to consider pardon requests from Libby's supporters, who say the loyal aide was caught up in a political investigation and does not deserve prison time.
Here the defense's filing for Appeal Bond.
Here is Exhibit A to the appeal.
The grounds that Libby raises:
1. The Special Counsel's exercise of authority violated the Constitution and laws.
2. The memory defense, including failure to allow a memory expert to testify. (this is what the exhibit pertains to, the juror interview after the verdict about questions the jury had on memory.)
3. The CIPA substitutions
4. Exclusion of the Government Statement Admitting Relevant Facts
5. Exclusion of the CIA briefer's testimony6. Refusal to allow defense to call Andrea Mitchell
Hearing is on June 14 at 11:30 a.m. (moved from 1:30 p.m.)
3 comments:
Every state should put it on the ballot or fix it up somehow that NO state-funded National Guard troops be deployed to Iraq. Look, I know a lot of former and current Marines. They know when they join they are probably going to be sent somewhere, and there are services and support set up to assist them and their families. The National Guard is not set up like that at all. The National Guard should be supporting security at the airports and filling sandbags when there are floods. They should have been sent by the thousands to go help Katrina victims and any other type of DOMESTIC situation, not get sent to some foreign war. Bring all the National Guard troops back to the U.S., reinstate the draft to make up for sending the National Guard troops home, and that would end this war so freaking fast.
Wow, how did the above comment get on the wrong post?
Anyway, Paris needs to get her ass back to jail and Libby needs to go there, too.
Kittybowtie,
I agree you about the National Guards. They shoul not deployed to Iraq. A stupid decision from a stupid President and draft dodger.
Let's not talk about Paris. I heard her name all day. Her ass should have stayed in jail. We all know that she either brought off the court or she did a sex video tape with the judge! A major slap in the face to judicial system by allowing the bubblehead brat a get out of free jail card!
Libby should join Paris. Both broke the law.
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