Libby's Appeal Panel

Yesterday it was reported that the panel which will hear Libby's application for bond pending appeal  is composed of Judges Sentelle, Tatel and Rogers, the same judges who heard (and denied) Judith Miller's appeal of the order compelling her to respond to the subpoena issued by Fitzgerald.The New York Sun is skeptical that this panel will grant Libby's petition.Judge Sentelle was appointed to the appeals court by President Reagan, Judge Tatel by President Clinton, and Judge Henderson by President George H.W. Bush.Mr. Banks said the political impact of the case is likely to be less of factor than the court's unreceptive attitude to most appeals by criminal defendants. The judges "tend to be very deferential especially in criminal matters, unless there's an egregious error," the professor said."I think big ‘P' politics will come out in the wash, and it will turn on jurisprudential views," a lawyer who practices regularly before the court, Erik Jaffe,...(Read Full Post)