Friday, June 8, 2007
With a 2 1/2 year sentence issued to I. "Scooter" Libby, it is not surprising to see people examining every aspect of this case. According to the New York Sun here, a group of "scholars," that includes Professors Alan Dershowitz (Harvard), Randy Barnett (Georgetown) and others, have filed an amicus brief challenging the prosecutor's jurisdiction to hear this case. Although it seems that their brief is not directed to the bail issue, it could significantly affect this decision. If the defense can demonstrate a significant issue for appeal, a court is more likely to grant bail pending the appellate process. Even if Judge Walton should deny bail, this issue and the expertise of this group of "scholars" could significantly influence an appellate tribunal in providing an order to release the defendant pending the appeal.