With this statement from his counsel, Ted Wells, Lewis Libby has discontinued his appeal:
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Today Mr. Libby has filed a motion to dismiss the appeal from his conviction. The notice of appeal had been filed before President Bush commuted Mr. Libby's sentence last summer. The commutation left Mr. Libby with a $250,000 fine, which he has paid; 400 hours of community service; and two years of supervised release.
We remain firmly convinced of Mr. Libby's innocence. However, the realities were, that after five years of government service by Mr. Libby and several years of defending against this case, the burden on Mr. Libby and his young family of continuing to pursue his complete vindication are too great to ask them to bear.
Mr. Libby has made the decision to discontinue his appeal in recognition that success on the appeal would lead only to a retrial, a process that would last even beyond the two years of supervised release, cost millions of dollars more than the fine he has already paid, and entail many more hundreds of hours preparing for an all-consuming appeal and retrial.
Mr. Libby and his family extend their heartfelt thanks to the tens of thousands of Americans who have supported them throughout this ordeal, and hope they will understand that today's action reflects a painful and difficult decision.