Per a new court filing we can add Mark T. Stancil to the roster of the Libby defense team. The honorable Mr. Stancil got his law degree in 1999, so we will peg him as a toiler rather than a star on this.
And I have been advised that the Libby appeal of Walton's decision to deny bail pending Libby's appeal, a 122 page .pdf, has been filed. [Here we go: (Libby Appeal, 122 page .pdf)] [html version]. However, I cannot find it on PACER at either the Criminal or Appellate level. If some legal eagle wants to provide me with a clue or two, that would be lovely.
Thanks to Clarice, and I still want to know how she did that.
UNSOLVED MYSTERIES: At the PACER site for appeals courts I did find this utterly mysterious order (1 page .pdf) dismissing the Libby case as of Dec 27, 2006. Uhh, Happy New Year, Scooter, but why did we go through the charade of a trial?
If I had to guess (and it appears that I do), I would say it is either an early April Fool's gag from the court or, with slightly higher probability, a dismissal of a particular aspect of some CIPA appeal.
Gee, I would hate to think Libby's defense team missed this.
SKIMMING THE APPEAL: The defense cites three major questions they consider to be close - (1) the constitutionality of the Fitzgerald appointment; (2) the denial of a memory expert; (3) and the inability of the defense to call Andrea Mitchell. The appeals occupy about 20 pages; the balance is exhibits, including a transcript of the June 14 2007 bail hearing.
Re the Fitzgerald appointment, they make several points but do emphasize the CIPA issue discussed here. However, let me toss a bone to the prosecution - in footnote 2, page 9 the defense explains that they only learned after the trial that Fitzgerald had signed off on a CIPA affidavit. However, as noted previously, JustOneMinute readers had noticed an oddity in the signings last December 2006. Now, maybe the oddity we noticed is not quite the oddity being mooted by the defense, but the prosecutor might want to nail this down - its something to watch for in the prosecution response, anyway. [OR EVEN BETTER _ Fitzgerald noted that 6(A) filing was on PACER during oral arguments - p. 58/122 of .pdf)].