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Breaking 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 isORDERED 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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Ya!! Cooool!!! And Hi Christy!
Spinning Refresh
zed?
tres…
‘Caw, caw!’
quatro…
Of interest along the same lines: WaPo Link
Now we need someone with some huevos in the judiciary who will enforce subpoenas!!
A 3-0 decision. Nice.
Equal justice under the law!
is the frog marching?
BWAAAAAAAAAAAAAAAA-HAHAHAHAHAHAHAAA!!!
Cue the wailing DC pundits! Can’t wait to hear from Law-and-Order Fred!
Scooter Libby, convicted felon, is going to prison.
4th of July present. Barbeque and drinks all around…
AZ Matt @ 7
Would that be Hologram Knodell??
That ululating you hear is a mob from AEI marching toward 1600 Pennsylvania… Bush’s summer - presiding over the implosion of the GOP - just got a lot worse.
Que huevos! Mas, por favor.
> And, frankly, gaining freedom on appeal from
> the full panel or fromthe US Supreme Court is
> an increasingly difficult prosecpect consider
> how truly weak the grounds were put forth on
> Libby’s appeal behalf and how few of these
> cases are ever accepted for certioriari.
Given how blatant this week’s Supreme Court rulings were, and that Roberts was certainly vetted for his support of the Unitary Executive theory prior to nomination - is it actually out of the question that the Supreme Court would intervene and take some action on Libby’s behalf?
Cranky
Go to jail, Scooter. Go directly to jail. Do not pass GO, do not collect $200.
This denial may force Bush into having to pardon Libby. IMHO, they should have handcuffed Libby the day of the sentencing, and frog marched him into prison. This has gone on now for too long!
Oh, I can’t bear it! My poor little Scoots is going to jail. Oh dear God, have mercy on him.
-The AEI Amen Caucus
Biodun @ 14
Sounds good to me!! ****G*****(that is Big Grin!)
“Did he break trust with President Bush?”
Pardon me while I puke!
Anyone continuing to defend Libby by bashing the Wilsons is participating in a continuation of the conspiracy which is the underlying crime of the obstruction of justice.
Great news. The three judges appeared to be quite fair and even handed when they decided the Judith Miller matter and they were likewise so here.
Ah, I knew a lurker just couldn’t get lucky enough for the zed.
so? when might we see Scooter in his tiny orange jumpsuit?
Hahaha. Does Scooter still have the crying lawyer?
From CNN:
“In an order handed down Monday, a three judge panel wrote Libby “has not shown that the appeal raises a substantial question” that regular appeals court will consider when its next term begins in September.
[Snip]
A court official told CNN Libby’s attorneys may still file for relief from the US Supreme Court, to try to keep Libby out of confinement pending his appeal.”
–As I read it, Libby’s going to spend some time in jail unless the Supreme Court intervenes or the appeals court changes its schedule for hearing the appeal from September to an earlier date.
pinson @ 17
Yep. Throw a bone to the bitter 26%-ers or infuriate an already surly 74%.
Quite the dilemma.
-GSD
mui @ 28
Still, or again. Take your pick.
JohnSwifty -
It’s the white hot light! :))
Let it shine, let it shine, let it shine!
LS @ 24
oh, you know what a bunch of partisans those judges are! caring about the rule of law and all that silly jazz….
Libby to prison now..hopefully followed by 100’s or 1000’s later.
Earl Scheib @ 13
Cohen wept.
Jane Hamsher @ 25
Can it be the even some of these very conservative judges will start to nudge to the center in the face of the outrageous abuses perpetrated on America by the Bushites and their doe-eyed lackeys from Regents U?
-GSD
I fear for the emotional well being of Mary Matlin’s kids.
Biodun @ 14
I’m boiling the potatoes for the salad as we speak. I ain’t the 4th without potato salad.
Aren’t the rest of the judges on vacation? I thought that the 3 judge panel was just for emergencies. So the DC Circuit wouldn’t likely take up the case until they got back. SCOTUS has also finished its term so there is again a question whether they are going to rush around either to take this up.
Biodun @ 14
The Fitz of July?
My mood just lightened considerably with this news.
ooo - the Fitz of July! I like it, Evil Dr.!
I’m thinking that the recent flooding in Texas will be minor compared to the river of tears Mr. Wells must be working on right now…
-S
Hugh at 39 — Yes, I believe the full panel is in recess until September — and the Supreme Court isn’t likely to take it up as an emergency at this point at the end of the term either, to be honest. Oh, woe, to the Free Scooter minions.
EvilDrPuma @ 31
Scooter should hire a lawyer who can do those Greek tragedy moans and wails and groans.
mui @ 45
But that would be an admission of the protagonist’s hubris!
How soon til the media starts in on “activist judges”?
I hope Marcy is doing a Snoopy Dance!!
Cha-cha-cha!!!
Scooter lovin wingnuts marchin down Pennsylvania Avenue with pitchforks and torches demanding an immediate pardon for the potted meat product.
“Hello, Pat - can we talk?”
Shhhhhhhhh……
I think I hear the beans spillin’!
Dedicated Public Servant now Inmate #28310-016
Grace falls
Christy Hardin Smith @ 44
Ain’t justice great? You can fool some of the people some of the time but you can’t fool…..
I think Libby might try the Supremes, but I don’t think he’s going to get very far with them, given that the circuit court seems to think his argument had all the strength of a wet Kleenex.
Until President-VICE Richard B. Cheney intervenes.
I bet Scooter is going on Larry King to whip up some more baaahaha! ” public support ” for his appeal which last I checked had less public support than Bush has. Please keep this story going Scooter the comparisions between you and Paris in the public mind are doing wonders for the Left. I wonder what Karl’s “math ” is telling him about how this issue is effecting Bush’s poll numbers? The great thing is Rove wants the pardon issue open for himself he has to keep trying to get Scooter off nomatter how much this hurts Bush!
rwcole @ 49
They can each have a glossy photo of their hero. I think an eight-by-ten would be very appropriate.
newtonusr @ 50
I’m thinking that phone call is taking place as we speak…
QuakerGirl @ 51
Mom.
LS @ 24
Have you seen this ThinkProgress post? Wilson: Proponents Of Libby Pardon Are ‘Accessories To An Ongoing Crime’
Inmate 28301-016, formally known as Scooter, needs a case pepto for his upset tummy.
Hey Scooter - Remember those beans that you decided you were never going to spill?
Now might be a good time to revisit that decision…
Moderators: Just a head’s up the comments linky on the new post upstairs seems to be on the blinky.
Weren’t we just saying we needed another Comey or whistleblower?
It’d be nice if there was a phone call happening right now, but I’d be surprised.
Now THAT would be a great 4th of July present.
Stephen Parrish, CPA @ 59
Thanks! I’m going to go read it!
Meanwhile, Kenny Boy is busy getting the guest house ready in Paraguay…
Scooter Libby, Libby, Libby’s going to jail, jail, jail…..
Woo hoo! Once in a while our justice system still works as it’s supposed to.
Christy:
The phantom thread upstairs is still on my monitor…
Hurrah for the judges and justice.
And on the horizon we see the pardon, ’cause Bush is, you know, compassionate.
The pardon/not pardon issue is, I think, causing Rove and GOP pols heartburn. The downside for GOP-Bush for no pardon is pretty clear; I am not sure how much blow-back there would be if a pardon is granted. The MSM will fall in line and say it was the right thing to do.
newspaperbrat at 62 — I pulled the “new post” back because I mistyped the timestamp on it — and made a note in the comments up there to that effect. Stay here — the next post will be forthcoming in due time. It was my tyop. *g*
newspaperbrat @ 62
From the phantom thread upstairs…
Scoots can see Cheney’s fortunes failing at every turn… surely he is smart enough to start cutting a deal with Fitz.
Some wingnuts are pushing for Bush to offer “Clemency”- allowing scoots to stay out of jail pending appeal…they think that’s totally safe politically and the least the head clusterfucker can do for his hit man.
Excellent work, thanks for the update and analysis! Yup Oldcoastie and I think it would be wise for Libby to have begged and copped a plea from the beginning. He should have ran and told the special pros everything he knew…
If Libby gets pardoned, the uproar will be deafening.
Biodun at 67 — That’s because you clicked through on the post and you have a residual image in your cache. As I said, both in this thread and the other one, I mistyped the timestamp on the post. If you refresh your whole screen, it will be gone until the correct time for which it is now set. Sorry for the confusion folks, but with the breaking news, it happens…
OldCoastie @ 72
I wouldn’t bet on that. Zealots can be stubborn.
Scooter’s legal bill, $4 million dollars. Scooter’s fine $250,000. Thirty months in jail. Priceless.
LS @ 75
I believe you are correct again! And, with his numbers at a new Low, can Bush afford even an outcry over clemency, if not a full out pardon?
I think not.
McClatchy does it again. The only news service that isn’t totally corrupted
EPU’d:
Can’t wait for the pearl-clutching on this one!
PEOPLE Please!
No gloating at the misfortune of such a dedicated public servant and loving husband and father.
Just because he lied his a** off, outed a CIA agent, ruined her career, destroyed her cover company, covered up for Darth & Rove & W. . . . . all that means is that he got caught with his hand in the cookie jar. Surely prison is too severe a punishment.
never mind. I got sick just writing the above.
Go ahead and gloat!
If Libby spent four million for the defense he’s gotten so far- he should never have been trusted with a penny of the taxpayer’s money!!
How quaint, Scooter got a verdict, THEN a sentence.
Silly justice system.
If the Supremes do spring Scooter X then they get tarred with the same Scooter aproval rating Given the expected African American outrage as parents are told their kids now have to leave good schools in white areas which I think is the result of the Supremes latest ruling. Well I wonder just how low their approval can go? Are any of the Democratic Presidential Candidates coming out against this ruling yet it seems to be a great way to pick up African American votes.
Bustednuckles @ 85
LOL!
demi @ 79
If he’s worrying about his legacy, he won’t pardon him. If he believes his legacy is so bad that it won’t matter, he will.
Frank33 @ 78
And don’t forget that the $4 mil went to DEMOCRATIC TRIAL LAWYERS.
They’re for them unless they’re against them.
EPU’ed on this but I thought it was important so:
Gordon has been beating the wardrums with Iran since February 10 of this year when his first article accusing Iran of shipping EFPs to Iraq. He continues to do so and needs to be slapped down everytime he does. The case began shaky and has not improved with age. As usual Gordon misses the point entirely. Of course, Iran is deeply immersed in Iraqi affairs, but to date their military involvement while not zero has been very circumspect. At the same time, Gordon ignores Saudi support for the insurgency which has gotten a lot more American troops than anything the Iranians have tried. It is a typical case of exaggerating what those this Administration does not like are doing and glossing over what our “friends” are doing for their part.
Shill, stenographer, propagandist, access journalist, Gordon is all of these and so much less.
LS @ 75
Puh-leeze. Where’s the “uproar” going to come from? The media? Yeah, right. They’ll be all over this just as vigorously as we Dems, Liberals,Independents and Republicans still capable of independent thought are. We’ll take it like we always do- sitting down.
Face it- we are AMAZING at sitting at a computer and bitching and moaning- horrified by the latest blatant assault on our civil liberties, citizens, environment and country. But, if you expect this “uproar” to include any more than ranting on blogs, you’re as delusional as the sheeple.
Unfortunately, this is tomorrow’s headline….
http://www.nytimes.com/2007/07.....ref=slogin
They’re blaming Iran for US deaths in Iraq.
Have Bushie issue a 4th of July pardon then
we could impeach him!
Christy @ 76:
No problem. Was just wondering.
Scooter’s name needs to change to Flipper.
RevDeb @ 89
They’re against them unless they need them.
AZ Matt @ 77
Libby won’t talk..he will be thinking of the risk to his future economic and physical security. He outed a CIA agent for trivial reasons; he knows what would happen if he “outed” Cheney/Bush.
newtonusr @ 50
In my dreams.
Never Doubt
Helpless Dancer @ 96
And they seem to need them with remarkable frequency.
Thanks for the quick post of the opinion, or parts of it. It’s much appreciated.
Libby’s hopes of persuading the judicial branch have pretty much been sunk - all he can do now is run up legal bills to exhaust all possible avenues of reversal.
Just gotta say it.
fitz!
I’m seeing the pardon happening on the same day W declares war on Iran.
Helpless Dancer @ 96
Also, take a look at the resumes of Libby’s legal team.
I don’t think you are going to find any references to Regent University School of Law.
cboldt at 101 — That’s the whole of the opinion — retyped it above from the PDF of the order. It’s a one page “NO” from the judges.
midwestvoter @ 91
I have to respectfully disagree with you. We do more than bitch and moan. Not only are people here highly informed, but we reach out to congress with phone calls, faxes and emails. It makes a difference. Didn’t Hatch and Grassel just join Specter to vote with the Dems on the supoenas? There is movement, slow for sure, but movement nevertheless towards opposition to the current paradigm in DC. Polls show that US citizens have had enough.
well, considering that no defense was offered at trial, it is hard to find grounds for appeal-unless it’s for incompetent counsel. and I don’t think that they’re gonna try that one. unless Scooter fires his high-priced lawyers.
I think that they figured that they didn’t have to defend anything-in the right wing echo chamber this wasn’t a crime anyway-and they are all sorta surprised that some conservative legal minds have drawn a different conclusion.
Christy Hardin Smith @ 105
Ouch.
midwestvoter @ 91
The media is comprised of a bunch of people sitting at computers, bitching and moaning - horrified by the latest blatant assault by us bloggers.
EvilDrPuma @ 100
And that frequency is gathering speed. Pretty soon there won’t be enough of those democratic trial laywers to go around. Pity.
Dear Libby,
Spill the beans on Rove, Cheney and Bush, and I’ll get you out of prison. Call me.
Signed,
Fitz
Via Raw Story: Here’s Christy!!
>> If Libby gets pardoned, the uproar will
>> be deafening.
> Puh-leeze. Where’s the “uproar” going to come
> from? The media? Yeah, right.
Midwestvoter gets a bit harsh in the remainder of his reply, but the fact is that the majority of the Washington DC insider press, and Time Magazine at least, are already on Libby’s side. And Pelosi is now saying she ruled out impeachment even before taking the Speaker’s office. So there would be no uproar of any significance.
Cranky
EvilDrPuma @ 108
I guess the short opinion is designed to prevent Libby’s legal team from using its patented “long opinion = close legal question” argument.
I just got to the computer today and had to share my joy with you all. I haven’t read the comments yet, so I hope there isn’t anything to dampen the good news.
Hugh @ 90
Just to clarify, that’s M Gordon, not GordonM, right?
If it wasn’t for the blogosphere, Libby would be a non-story; possibly he would never have been convicted in the first place. So, I reject the notion that uproar on the net is irrelevant.
Raise some more money Freddie- Scooter needs yer help…..
Meanwhile Mrs. Scooter (a sane dem) was heard givin the Scooter Man holy hell! “I told you you were runnin around with LOSERS! You and your asshold gooper buddies running around playing cowboy and indian to save Uncle Dickie’s fat ass- but Who’s goin ta jail? Not fat assed Uncle Dickie- YOU- YOU are goin ta jail you deranged idiot”
GordonM @ 116
Correct. And it’s not Commissioner Gordon, either.
GeorgeSimian @ 103
That’s not funny. It’s too awful to contemplate.
Cranky at 113 — Well, gosh, maybe you are right. I mean, people were saying no one would ever get indicted, and yet someone did. Then people were saying that Libby would never go to trial — and yet we had a multi-week, full public trial. Then people were saying he would never get convicted, and yet he was. Then folks were saying he’d never get a jail sentence, and yet…he did. And then folks were saying that the DC Circuit panel would find an excuse to let him out on a technicality…and yet, they decided he should go to jail instead.
But hey, we can always give up and let the media cover this the way they want to now because all the damn work we;ve done on this case for years now has gotten us absolutely nothing…
Well, except for the fact that we know a whole helluva lot about the secret inner workings of the WH and Veep’s pushback machinery, that Dick Cheney personally ordered the Wilson payback with his op-ed annotations, that Cheney owns Tim Russert, that…well, I’m sure you get the picture, eh?
Diane @ 37
That’s very funny!
One down, now how many more to go?
me too tw3k
fitz!!
Next Free Scooter X talking point “the horrible conditions in our prisons” I hope they go there we need a national debate on this plus it will knock the ground out from under the free Scooter X GOP Presidential Candidate’s law and order lock the criminals up and throw away the key talk.