Fitzgerald wants Libby imprisoned now
Urges judge not to delay former White House aide's prison sentence
By Joel Seidman
Producer
NBC News
Updated: 2 hours, 41 minutes ago
http://www.msnbc.msn.com/id/19187843/ WASHINGTON - Special Counsel Patrick Fitzgerald, in a 43-page response to I. Lewis "Scooter" Libby's argument to the judge to remain free on bond pending the appeal of his conviction, said, "The government respectfully requests that this Court deny defendant's motion for release pending appeal."
Fitzgerald writes that Libby has only a remote chance for reversal of his conviction, "the chance of reversal by the Court of Appeals is, at best, remote — certainly not "substantial."
Libby's lawyers contend that their appeal will present substantive issues, "there has been a suggestion that Libby's appeal is merely a dilatory tactic...Libby's pre-trial and trial motions, combined with defense objections preserved in the record, present a number of close questions that are more than sufficient to satisfy the requirements" for appeal.
U.S. District Judge Reggie Walton reluctantly agreed to hold a hearing Thursday to address the issue of whether to grant bond while the former White House aide awaits his fate in prison. If Walton denies that, Libby would have to surrender to authorities within 45 to 60 days and pay a $250,000.00 fine.
Fitzgerald also takes issue with a friend of the court brief submitted by twelve prominent legal scholars challenging the appointment of the special counsel.