Libby Motion for Release Pending Bail

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.

Tom Maguire has more on this filing and the issues it raises.