I. Lewis Libby filed his motion for release pending bail yesterday. (Exhibits here) In it he indicates the significant matters he intends to raise on appeal:
(1) Whether the appointment of Patrick Fitzgerald violated the statute relating to such appointments and the constitution;
(2) whether the trial court erred in denying him the right to call a memory expert;
(3) the substitutions the judge allowed for the classified documents under CIPA;
(4) The exclusion of the government's statement admitting relevant facts and of the briefers' testimony following Libby's decision not to testify;
5) The refusal to allow Libby to call Andrea Mitchell as a witness. Since the media has been covering for NBC--including Mitchell, Russert and Gregory, you might find the last portion of the motion particularly noteworthy.
Share
