Inmate 28301-016

by emptywheel

The Appeals Court decision not to grant Libby bond pending appeal, along with last week's Cheney series, may well ensure that Libby does some jail time, however short.

Appellant has not shown that the appeal raises a substantial question.

I'm not holding my breath yet, mind you. But it's going to have to be an untimely pardon or commutation ... or jail time for Scooter Libby.

Update: With this unanimous decision, that makes two more Republican appointees who think Scooter should probably go to jail. How many more Republicans, coming out in favor of incarceration for Libby, will it take to quiet the raging Libby Lobby?

Comments

[eyesonthestreet]

EW-Any thoughts on it being an unanimous decision?

[RB]

Wish Merle Haggard would write a new version of "Mama Tried" -- "Comstock Tried" or "Toensing Tried"

[emptywheel]

eyes

Yeah--I did an update--it means now 3 Republican appointees think Scooter should go to jail.

But it doesn't matter, I'm still sure the Libby lobby is right when it says that this was politicized prosecution.

[mainsailset]

Ah, September. Will there be blowback aimed at Libby & his supporters as Gen. Petraeus delivers his update and the Rep war hawks face reality?

[Swopa]

The amazing thing is, one of the judges was David Sentelle, who personally gave us Ken Starr by playing Calvinball with the definition of an "independent" prosecutor.

And Royce Lamberth, of all people, dumped on Bush over FISA.

For anyone who was familiar with these guys during the '90s, this is jaw-dropping stuff.

[Sojourner]

I just have to wonder if there is any comment from any of the bright, shiny amicus people (I cannot think of the neat term for them that someone came up with...). It sounds like Judge Walton and Patrick Fitzgerald used good quality hammer and nails to finish this one.

On one hand, I do feel a bit sorry for Scooter and his family, but he is the one who decided to protect someone who does not deserve protection. I just wish he could go ahead and spill what he knows so we can finish this whole thing.

[emptywheel]

Swopa

Yeah, I was thinking that--given that Libby wanted to overturn based on Fitz' appointment, that's actually a tremendously good sign.

[emptywheel]

Amici Illuminati

[Jeff]

Undoubtedly TM and clarice will find the hidden connection between those judges and the Comey-Schumer axis that was out to get Libby and really Cheney all along.

I predict Bush will commute Libby's sentence some time between now and when Libby is due to report to prison. Either way, it's time for the press to refuse to accept Bush and Cheney's four-year-long effort - successful so far - to refuse to answer questions about their own roles in the matter. They were both involved beginning, middle and end. Did Cheney first learn that PLame worked in CPD from McLaughlin? When he learned that, was he aware that most CPD employees were under cover? Did he know that CPD was part of the clandestine part of the CIA, DO? When did he write on Wilson's op-ed? Did he convey that information to Libby? Did he direct Libby to disclose info about PLame to Judy Miller on July 8? Did he and Bush talk at all about the Wilsons, and specifically about VPW, in advance of Libby's "secret mission", as the defense called it? Did Bush, as reported, tell Cheney to get all the information out, to get it out? Because if the answer to both of the two previous questions is yes, that effectively means that Bush directed Cheney to get the information about Plame out to the press.

And what about fall 2003? When Cheney simply tilted his head when Libby told him that his story for the FBI was that he first learned of Plame from Russert, surely he must have known that was not true, that he had told Libby himself. So was Cheney countenancing Libby's indication that he was going to give false information to the FBI? And when Libby came back and told Cheney that he in fact learned from Cheney first, what was Cheney's reaction? Did he realize that Libby was in effect coordinating his story with Cheney, contra the directives on not speaking with others about the matter? Why didn't he take steps to tell the FBI, if he did not?

And as for Bush, was it true, as the defense indicated at trial, that someone - presumably Cheney - came to Bush and asked and succeeded in getting Bush himself to personally intervene to have the White House publicly clear Libby of wrongdoing in the Plame matter? If so, why? Who talked to bush, what did that person say, why was Bush persuaded when Card and McClellan themselves had not been? And don't forget that Addington testified that when he complained to Bartlett about the White House clearing people publicly in the context of an ongoing criminal investigation, Bartlett told him that it was done with Libby because of his boss, i.e. because of Cheney. That is part of why it is safe to presume that Cheney himself intervened with Bush. What did they say, if that's so?

[Sojourner]

Yes! The Amici Illuminati! Thanks EW!

[AZ Matt]

EW - It's Snoopy Dance Time!!!

[bmaz]

Well, OK then. Nice work Ms. Wheel. I trust they will make the obligatory application to the Supremes, but as I have opined in discussions with Sebastian Dangerfield on previous threads, that should go to Roberts as the "hot judge" for such matters from the DC Circuit (each Supreme is responsible for a certain area of the country, or grouping of districts, for purposes of matters like this and emergency applications) and I don't think Roberts is likely to summarily overrule his compatriots that he so recently served with and among. And in response to Eyes' question, the significance of the unanimous opinion, including the right wing weather vane Sentelle, is that it removes any cover for Roberts should he be inclined to spring the Scoots. This is in addition to the reason of quieting the Goopers EW delineated.

[cboldt]

The new reason for not talking about the case will be that justice has done its thing, and no more needs to be said.

[emptywheel]

Oh, you forgot one, Jeff:

"The Pres asked Libby to put his head in a meat grinder."

[NOBODY FROM NOWHERE]

I don't have one moment of pity for the Lovely Libby. Remember, he was Cheney's Cheney. He knew about all the outrageous, illegal, immoral actions generated by Cheney. He helped make ALL those things happen. He is a dirty rotten scoundrel and deserve everything he gets. This, "Oh, but he had such wonderful children, and the crying wife", etc. is just a bunch of BS that his "supporters" have broadcast. Don't fall for it. His "supporters" don't want him to flip. They know just how much crap the Lovely Libby has under his hat and they will go to all lengths, no matter how stupid, to make sure he keeps every bit of it there.

This is a GREAT way to start the week!

[bmaz]

Jeff - That, and the questions you raise are exactly right. Now the interesting thought is, and I think it was John Dean that lightly touched on this early on, that if Bush uses the pardon power for Libby (commutation is a derivitive of the pardon power) it then creates a cogent and compelling basis for an obstruction and aiding and abetting investigation. Here is where the thought gets really interesting: the obvious agent for this investigation is none other than Mr. Pat Fitzgerald. In fact he needs no further impetus or assignment of authority, it is inherent in his current delegation. In this regard, I am tempted to hope Bush exercises some aspect of the pardon power on Libby tomorrow. This is also a salient reason, however, why it will be very difficult for Bush to appease his base and Cheney with the pardon/commutation for Scooter.

[Jodi]

Well, I guess this show will go on, and on.

But looking at it another way, thank goodness the Wilson-Plame-Rove circus like a bad film est fini.

[Dismayed]

BMAZ - That would be interesting, indeed. I wonder if Fitz would drive forward.

I figure we'll get a chance to see. Wouldn't rule aut a pardon before jail time, but I see it granted just as Thanksgiving gets here. I have little doubt your theory will get a chance to play through.

[Frank Probst]

I agree with bmaz. ANY effort by Bush to circumvent justice for Libby can be construed a possible effort to obstruct justice and would at the very least be investigated by Fitz. With a Democratic Congress looking on, that's not going to be pretty. And he has to decide exactly what he wants to do. A pardon for just these crimes is out of the question, since Fitz can haul Libby right back to the grand jury and compel him to answer some more questions pertaining to his crimes. A pardon for this and all future crimes would almost certainly draw an impeachment charge. No good options for Bush here. I say he just lets Libby twist in the wind.

[-ck-]

How many more Republicans, coming out in favor of incarceration for Libby, will it take to quiet the raging Libby Lobby?

Contradiction in terms, Marcy -- any Republican who is not in favor of Libby sainthood is, by definition, NOT a Republican.

At best, they are former Republicans who are now Islamo-Fascist Terrorist-Loving Surrender-Monkey America-Hating Fifth Column Traitors, who have polluted the American body politic with their cowardly Defeatocrat wimpiness, and now threaten the precious bodily fluids of real Republicans.

[Jodi]

OOOooooooooooo.

Christy says a respite could be in the offing.

[Mary]

If Bush pardons - what does he pardon?

While I think the Spec. Pros is done - done, depending on what is out there, there is that interesting issues of what, exactly, Bush pardons.

Does Bush pardon on the convictions for the charges brought with no mention of conspiracy and if so, does that just open a new window? It'll be interesting.

[Swopa]

Did Cheney first learn that Plame worked in CPD from McLaughlin?

This goes back to a previous thread, but I've more or less talked myself into believing that Cheney learned it from Libby, not the other way around -- i.e., that now-famous note is from Libby's conversation with Grenier.

Why did Scooter lie about this? I presume that as implausible as "The Vice President told me and then I forgot all about it" might be, it's even more implausible to say, "The CIA told me and I wrote it down and told my boss, then I forgot all about it." Better to say you forgot after one conversation rather than after two.

[egregious]

Justice!!!

[obsessed]

What about the notion that if Bush were to pardon Libby it would increase the legal options for the civil case? Is that still operative? Is there any news on said civil case?